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Full-Text Articles in Law
Rule 11 Gets Moderate Exercise In Montana: Part Ii, Cynthia Ford
Rule 11 Gets Moderate Exercise In Montana: Part Ii, Cynthia Ford
Faculty Journal Articles & Other Writings
This article provides the results of an informal survey of active practicing lawyers in Montana that the author conducted to gather additional information about the actual operation of Rule 11 in Montana and to sample the perceptions of the bar about the use of Rule 11 and its effect on the practice of law in Montana.
Rule 11: Montana Must Decide Whether To Adopt Softer Federal Version: Part I, Cynthia Ford
Rule 11: Montana Must Decide Whether To Adopt Softer Federal Version: Part I, Cynthia Ford
Faculty Journal Articles & Other Writings
This article examines the proposed changes to Rule 11 of the Federal Rules of Civil Procedure and if modified, the decision facing Montana regarding whether to incorporate the new federal changes into the state Rule 11.
Pro Se Litigants: Application Of A Single Objective Standard Under Frcp 11 To Reduce Frivolous Litigation, Brian L. Holtzclaw
Pro Se Litigants: Application Of A Single Objective Standard Under Frcp 11 To Reduce Frivolous Litigation, Brian L. Holtzclaw
Seattle University Law Review
This Comment addresses the application of Rule 11 sanctions to pro se litigants and argues that based on the language of Rule 11, the concerns expressed in the Advisory Committee Note to Rule 11, and the primary goal of Rule 11 to deter abusive pleadings, a single objective standard should be applied to all parties-attorneys, represented parties, and pro se litigants-to determine whether Rule 11 has been violated. Under this single objective standard, a pro se litigant's lack of legal representation should be considered only in determining the severity of the sanction, not in determining whether Rule 11 has been …