§ 5.5.2 SCOPE OF RULE 11

JurisdictionArizona

§ 5.5.2 Scope of Rule 11

Sanctions authorized by Arizona's version of Rule 11 are available only when an attorney or party signs a pleading, motion or other paper in violation of the rule. Before it was amended in 1993, the federal Rule 11 was similarly worded, and courts interpreted it to mean that mean that only the individual attorney who actually signed the court paper could be sanctioned for its contents. See Triad Systems Corp. v. Southeastern Express Company,64 F.3d 1330, 1339 (9th Cir. 1995).

Rule 11 applies only to civil actions. Thus, for example, the court of appeals has held that it does not apply to a special action arising out of a criminal proceeding. State v....

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