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The Rule 11 Sanctioning Process

Thomas E. Willging
January 1, 1988

A report that discusses the possible chilling effects and potential for creating satellite litigation of Federal Rule of Civil Procedure 11 (before the 1993 amendment that increased judges' discretion as to imposing sanctions). It also discusses the nature and adequacy of procedures used to implement the rule. The report is based on interviews with judges and lawyers in eight districts. The author describes his methodology and reports his empirical findings.