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  1. #1
    Join Date
    Aug 2012
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    2

    Default Rule 11 Sanctions

    My question relates to legal practice in the state of: Ohio

    I have had a law firm file a motion for sanctions against me. In researching on the internet I see that there is a 'safe harbor rule' although nothing is current in my state and all other rulings show it as a Federal rule. My question goes to the supposed safe harbor rule; is there one in Ohio? Does the rule state that a motion for sanctions is to first on the opposing party giving them 21 days to act accordingly prior to filing the motion with the court. Opposing counsel in this case has filed the motion with the court. It arrived in my mail the same day it was filed in court.

    Thoughts and directions??

    Thank you in advance.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Rule 11 Sanctions

    Quote Quoting FRCP 11(c)(2)
    (2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.
    The other party doesn't have to "give you" anything. You have 21 days from service to withdraw or appropriately correct the challenged pleading, or can ask the court to set a different amount of time.

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