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What rule in the Federal Rules of Civil Procedure states the time allotted for serving or filing a Motion for Sanctions?

Fresno, CA |

I understand Rule 11(c)(2) talks about having to wait the required 21 days for the opposing party to withdraw or correct the challenged paper. It also states that the motion must be served under Rule 5. However, nowhere in Rule 5 is a certain time mentioned.

Thank you. I'm actually not looking for Local Rules. I'm currently in a paralegal program and we're having to use the Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, etc. to determine the times for certain motions including Motion for Sanctions.

Attorney Answers 3

  1. You'll want to ask this question in a civil court or litigation area, I will re-mark it.

    This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.

  2. This is a federal civil procedure question; you may receive better responses in that forum.

    Joshua. Sabert Lowther, Esq.

  3. Check the Local Rules of the federal district court in which your case is venued. For example, Eastern District (where Fresno is located) Rule 78-230 (b) states as follows:

    "(b) Notice, Motion, Brief and Evidence. Except as otherwise provided in
    these Rules or as ordered or allowed by the Court, all motions shall be noticed on the
    motion calendar of the assigned Judge or Magistrate Judge. The moving party shall file
    a notice of motion, motion, accompanying briefs, affidavits, if appropriate, and copies of
    all documentary evidence that the moving party intends to submit in support of the
    motion. The matter shall be set for hearing on the motion calendar of the Judge or
    Magistrate Judge to whom the action has been assigned or before whom the motion is
    to be heard not less than twenty-eight (28) days after service and filing of the motion. .
    Motions defectively noticed shall be filed, but not set for hearing; the Clerk shall
    immediately notify the moving party of the defective notice and of the next available
    dates and times for proper notice, and the moving party shall file and serve a new notice
    of motion setting forth a proper time and date. See L.R. 135."

    If your case is venued in the Central District of California, CD CA Local Rule 6-1 states as follows:

    "L.R. 6-1 Notice and Service of Motion.1 Unless otherwise provided by rule
    or order of the Court, no oral motions will be recognized and every motion shall
    be presented by written notice of motion. The notice of motion shall be filed with
    the Clerk not later than twenty-eight (28) days before the date set for hearing, and
    shall be served on each of the parties electronically or, if excepted from electronic
    filing, either by deposit in the mail or by personal service. If mailed, the notice of
    motion shall be served not later than thirty-one (31) days before the Motion Day
    designated in the notice. If served personally, or electronically, the notice of
    motion shall be served not later than twenty-eight (28) days before the Motion Day."

    See also ND CA Rule 7-2(a) for Northern District, and SD CA Rule 7.1(e) for Southern District.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.