It is a pleasure for me to join Senator Brown today in support of his amendment to restore crucial provisions of rule 11 of the Federal Rules of Civil Procedure. I support this amendment which will restore a very effective tool used by Federal judges to deter frivolous litigation. Certain of the recent rule changes which I opposed, have merely added to the delay and expense in our civil justice system. Trial lawyers who file baseless lawsuits are one group in our society that needs no relief, at least not the kind embodied in the recent changes to Federal rule 11. The American public will ultimately pay the high price for these frivolous litigation tactics. I offer my support for this amendment because it discourages, not rewards, shoddy litigation practices. It requires that sanctions be imposed where there is a violation of rule 11 and eliminates the protection offered to those filing frivolous lawsuits. Our experience with former rule 11 has demonstrated its effectiveness in reducing frivolous litigation and should be restored. Trial attorneys who file frivolous pleadings, in my opinion, do not deserve the court's protection or the benefit of a warning by opposing counsel to withdraw or correct their improper pleadings. This amendment will require judges to impose sanctions on irresponsible litigants who file frivolous suits. I urge my colleagues to join me in support of this amendment.
Orrin Hatch: “It is a pleasure for me to join Senator Brown today in support of his amendment to restore crucial provisions of rule 11…”
On the recordMarch 11, 1994
Source
govinfo.govEditor's note · Context
Supporting an amendment to restore provisions of rule 11 of the Federal Rules of Civil Procedure.
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