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Bill > S1288


US S1288

US S1288
A bill to amend rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

113th Congress

Bill Summary

A bill to amend rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.

AI Summary

This bill, titled the Lawsuit Abuse Reduction Act of 2013, aims to improve attorney accountability by amending Rule 11 of the Federal Rules of Civil Procedure, which governs the conduct of attorneys in federal court. The key changes involve making certain actions mandatory rather than discretionary for judges when attorneys violate Rule 11. Specifically, the bill proposes to change the word "may" to "shall" in a relevant section, meaning judges will be required to impose sanctions when violations occur. It also clarifies that sanctions should include compensating injured parties for reasonable expenses, including attorney fees and costs, directly resulting from the violation, and allows for additional sanctions like striking pleadings or dismissing a suit, or imposing a penalty payment to the court for deterrence. Importantly, the bill includes a rule of construction stating that these changes will not prevent or hinder the assertion or development of new claims, defenses, or remedies under any federal, state, or local laws, including civil rights laws and the U.S. Constitution.

Committee Categories

Justice

Sponsors (3)

Last Action

Read twice and referred to the Committee on the Judiciary. (on 07/11/2013)

bill text


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