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Tyrone Blackburn And The Declaration In Support Of Dismissing The Motion For Sanctions (6/18/24)
Jun 18, 2024 ·
19m 15s
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Tyrone Blackburn And The Declaration In Support Of Dismissing The Motion For Sanctions (6/18/24)
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Description
A declaration in support of dismissing a Rule 11 sanctions motion is a formal statement, usually made under oath, that provides evidence and arguments to counter a motion for sanctions...
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A declaration in support of dismissing a Rule 11 sanctions motion is a formal statement, usually made under oath, that provides evidence and arguments to counter a motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure. Rule 11 sanctions can be sought by a party if they believe that the opposing party has filed a frivolous lawsuit, made legal arguments without proper basis, or submitted filings for an improper purpose.Here are the key elements typically included in such a declaration:
(commercial at 8:16)
to contact me:
bobbycapucci@protonmail.com
source:
gov.uscourts.nysd.616406.58.2.pdf (courtlistener.com)
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- Personal Testimony: The declarant, often an attorney or party involved in the case, provides their personal account and context related to the filing in question. This may include explanations of their actions, decisions, and intentions.
- Factual Evidence: The declaration will include factual evidence supporting the claim that the filing was made in good faith, based on reasonable inquiry, and with a legitimate legal basis. This can involve referencing specific documents, communications, or events.
- Legal Arguments: It will contain legal arguments demonstrating that the original filing was justified and that the motion for sanctions is unwarranted. This includes citing relevant case law, statutes, and procedural rules.
- Refutation of Accusations: The declaration will specifically address and refute the points raised in the Rule 11 sanctions motion, providing counterarguments and evidence to show that the accusations of frivolousness or improper conduct are unfounded.
- Supporting Documentation: Any relevant documents, affidavits, or other evidence that bolster the declarant’s statements and arguments are often attached as exhibits to the declaration.
- Conclusion: The declarant will typically conclude with a request for the court to deny the motion for Rule 11 sanctions.
(commercial at 8:16)
to contact me:
bobbycapucci@protonmail.com
source:
gov.uscourts.nysd.616406.58.2.pdf (courtlistener.com)
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