(a) Sanctions Under These Rules, Fed. R. Civ. P. 11, and Other Rules and Statutes.
(1) On Court’s Own Initiative. The court, upon its own initiative, may issue an
order to show cause why sanctions should not be imposed against a party
and/or an attorney for violation of these rules, Fed. R. Civ. P. 11, 28 U.S.C.
§ 1927, or other provisions of the federal rules or statutes. The court will
state the reasons for issuing the show cause order. Unless otherwise
ordered, all parties may respond within 14 days after the filing of the order
to show cause. The responses may include affidavits and documentary
evidence as well as legal arguments.
(2) On a Party’s Motion. A party may raise the issue of sanctions by a timely-
filed motion. The responding party may respond in the same manner as
specified above.
(3) Procedure. After the response time passes and without further proceedings,
the court may rule on the issues of violation and the nature and extent of
any sanction imposed. Discovery and evidentiary hearings on sanctions are
permitted only by court order. The court will articulate the factual and legal
bases for its rulings on sanctions.
(b) Imposition of Sanctions. If the court finds a violation of local rule or rules or
statutes. In addition, the court may issue such orders as are just under the
circumstances, including the following: court order, the court may impose
sanctions pursuant to Fed. R. Civ. P. 11 or other federal rules or statutes. In addition,
the court may issue such orders as are just under the circumstances, including the
following:
(1) an order that designated matters or facts are taken as established for
purposes of the action;
(2) an order refusing to allow the failing party to support or oppose designated
claims or defenses, or prohibiting it from offering specified witnesses or
introducing designated matters in evidence;
(3) an order striking pleadings or parts thereof, or staying proceedings until the
rule is complied with, or dismissing the action or any part thereof, or
rendering a judgment by default against the failing party; and
(4) an order imposing costs, including attorney’s fees, against the party, or its
attorney, who has failed to comply with a local rule.
(c) Sanctions Within the Discretion of the Court. The court has discretion whether
to impose sanctions for violation of a local rule or order. In considering sanctions,
the court may consider whether a party’s failure was substantially justified or
whether other circumstances make sanctions inappropriate.
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As amended 12/01/09.
