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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, …