§ 5.5.5 NATURE OF SANCTIONS
Jurisdiction | Arizona |
§ 5.5.5 Nature of Sanctions
A party or attorney signing a pleading, motion or other paper also certifies that the claims, defenses, and other legal contentions are "warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law." Similar language already appeared in the rule, but the amendment adds the qualification that arguments for departing from existing law (whether through extension, modification or reversal) be "nonfrivolous." The amended rule also allows a lawyer to argue for establishing new law, eliminating the potential chilling effect of Rule 11 as it might apply to legal arguments that...
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