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  1. #1
    Join Date
    Aug 2019
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    18

    Default Sanctions

    My question involves a consumer law issue in the State of: illinois

    How would you say when you are asking sanctions from the other party?

    Would it be seeking sanctions or asking for sanctions? Or another way?

  2. #2
    Join Date
    Jan 2016
    Posts
    435

    Default Re: Sanctions

    Quote Quoting Nimblesbee
    View Post
    My question involves a consumer law issue in the State of: illinois

    How would you say when you are asking sanctions from the other party?

    Would it be seeking sanctions or asking for sanctions? Or another way?

    Are you suing someone in small claims court? Another court? What is the basis for your requesting sanctions?

  3. #3
    Join Date
    Aug 2019
    Posts
    18

    Default Re: Sanctions

    Violation of Illinois supreme rule

  4. #4
    Join Date
    Mar 2013
    Posts
    17,616

    Default Re: Sanctions

    Quote Quoting Nimblesbee
    View Post
    Violation of Illinois supreme rule
    What rule would that be? Please provide a citation and explain how it applies to whatever is going on with you.

    If this has anything to do with your last thread in August you are going to have to connect the dots.

    https://www.expertlaw.com/forums/sho...d.php?t=244321

  5. #5
    Join Date
    Oct 2014
    Posts
    7,714

    Default Re: Sanctions

    Quote Quoting adjusterjack
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    What rule would that be? Please provide a citation and explain how it applies to whatever is going on with you.
    Also, how did the violation prejudice your case and what sanctions are you seeking to address it?

  6. #6
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    320

    Default Re: Sanctions

    Quote Quoting Nimblesbee
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    Violation of Illinois supreme rule
    Are you referring to Supreme Court Rule 137?

  7. #7
    Join Date
    Aug 2019
    Posts
    18

    Default Re: Sanctions

    Yes

  8. #8
    Join Date
    Oct 2014
    Posts
    7,714

    Default Re: Sanctions

    Quote Quoting Nimblesbee
    View Post
    Yes
    If this is a consumer action, I would guess you are the plaintiff. If that's the case, then how did the defendant violate Rule 137? You need to have a sound basis for seeking sanctions or you may find the court upset at you for frivolous motion.

    However, if you have a sound basis for the motion, you file the motion and point out how the other party violated the rule and why that violation is egregious enough to warrant sanctions, what sanctions you think are appropriate, and cite the applicable case law that backs your position.

  9. #9
    Join Date
    Aug 2019
    Posts
    18

    Default Re: Sanctions

    Would materiality before a trier of fact be egregious enough to warrant sanctions? With that of a false document and 8 U.S. Code  1324c. Penalties for document fraud

  10. #10
    Join Date
    Oct 2014
    Posts
    7,714

    Default Re: Sanctions

    Quote Quoting Nimblesbee
    View Post
    Would materiality before a trier of fact be egregious enough to warrant sanctions? With that of a false document.
    The rule is meant to prevent the filing of frivolous claims/motions and to ensure that pleadings and motions are not filed with the intent to harass the other party or unnecessarily delay litigation or increase the other parties litigation costs. Typically issues of materiality are resolved at trial and are not something that would be subject to a motion under Rule 137. What is the "false document" you are referring to? If it is not the the pleading or motion that the opposing side filed with the court then it is not something for which you may seek sanctions under Rule 137. And again, are you the plaintiff or defendant in this action?

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