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Congressional Record References

Bill Summary & Status


Frivolous Lawsuit Prevention Act of 2009 (Introduced in Senate)

S 603 IS

111th CONGRESS

1st Session

S. 603

To amend rule 11 of the Federal Rules of Civil Procedure, relating to representation in court and sanctions for violating such rule, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 16, 2009

Mr. GRASSLEY introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend rule 11 of the Federal Rules of Civil Procedure, relating to representation in court and sanctions for violating such rule, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Frivolous Lawsuit Prevention Act of 2009'.

SEC. 2. REPRESENTATIONS AND SANCTIONS UNDER RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE.

    (a) In General- Rule 11(c) of the Federal Rules of Civil Procedure is amended--

      (1) in paragraph (1), by striking `the court may' and inserting `the court shall';

      (2) in paragraph (4) by striking the first and second sentences and inserting `A sanction imposed for violation of this rule may consist of reasonable attorneys' fees and other expenses incurred as a result of the violation, directives of a nonmonetary nature, or an order to pay penalty into court or to a party.'; and

      (3) in paragraph (5), by inserting after subparagraph (B) the following:

      `Monetary sanctions under this subsection may be awarded against a party's attorneys.'.

    (b) Effective Date- The provisions of this section shall take effect 30 days after the date of the enactment of this Act.