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Area of Law: | Uncategorized |
Keywords: | ; Expert; Scientific; Testimony; Witness; Qualify |
Jurisdiction: | Illinois |
Cited Cases: | None |
Cited Statutes: | None |
Date: | 12/01/2015 |
Minnesota Civil Procedure Rule 11.03 discusses the requirements for filing a motion for sanctions against the opposing counsel. The Rule states:
If, after notice and a reasonable opportunity to respond, the court determines that Rule 11.02 of these rules has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated Rule 11.02 or are responsible for the violation. This rule does not limit the imposition of sanctions authorized by other rules, statutes, or the inherent power of the court.
(a) How Initiated.
(1) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate Rule 11.02. It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged document, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.
(2) On Court’s Initiative. On its own initiative, the court may enter an […]
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