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University of Richmond

Law Faculty Publications

Series

1994

Rule 11

Articles 1 - 2 of 2

Full-Text Articles in Law

The Transmittal Letter Translated, Carl W. Tobias Jan 1994

The Transmittal Letter Translated, Carl W. Tobias

Law Faculty Publications

The letter in which Chief Justice Rehnquist transmitted to Congress amendments to various Federal Rules of Civil Procedure, which became effective on December 1, 1993 is reproduced. Professor Tobias then offers his "translation" of the letter with his interpretation of what likely took place during the rule revision process involving the Advisory Committee on the Civil Rules, emphasizing the controversial revision of F.R.C.P. Rule 11.


The 1993 Revision Of Federal Rule 11, Carl W. Tobias Jan 1994

The 1993 Revision Of Federal Rule 11, Carl W. Tobias

Law Faculty Publications

The 1983 revision of Rule 11 of the Federal Rules of Civil Procedure ("Rule 11" or the "Rule") proved to be the most controversial amendment in the long history of the Federal Rules. Many federal judges inconsistently interpreted the provision's language and inconsistently applied the Rule. The 1983 version fostered much costly, unwarranted satellite litigation over its phrasing and the magnitude of sanctions that courts imposed while increasing incivility among lawyers. Rule 11 motions were filed and granted against civil rights plaintiffs more frequently than any other class of litigant, and numerous judges vigorously enforced the provision against the plaintiffs, …