2.1 Basis for Sanctions and General Considerations

• Library: Attorney Fees and Sanctions - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

2.1 BASIS FOR SANCTIONS AND GENERAL CONSIDERATIONS

In Virginia, attorneys and their clients are subject to sanctions by statute, by the Supreme Court Rules, and by the inherent powers of the courts. The misconduct leading to sanctions is as varied as are the possible types of sanctions imposed. Although similar, the law regarding sanctions in state court varies from that of federal court.

The general underlying policy considerations behind the use of sanctions are related to the protection of the parties and the courts. ¹ The ability of a court to impose sanctions serves a number of important policy considerations. The possibility of sanctions prevents litigants from filing frivolous or meritless lawsuits and prevents innocent defendants from having to bear the considerable financial and mental burdens associated with the defense of such claims. ²

Misconduct during the discovery process is generally governed by Rule 4:12 of the Virginia Supreme Court Rules. Rule 4:12 gives the trial court broad discretion in determining what sanctions, if any, will be imposed upon a litigant who...