Connecticut 2016 Regular Session

Connecticut House Bill HB05525 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 5525
2	2	February Session, 2016 LCO No. 2467
3	3	02467_______JUD
4	4	Referred to Committee on JUDICIARY
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
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10	10	Raised Bill No. 5525
11	11
12	12	February Session, 2016
13	13
14	14	LCO No. 2467
15	15
16	16	02467_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING COURT AUTHORITY TO IMPOSE SANCTIONS IN CIVIL ACTIONS.
25	25
26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. (NEW) (Effective October 1, 2016, and applicable to actions pending on and action filed on or after said date) (a) Every pleading, motion, request, application or objection directed to pleading or procedure shall be signed by at least one attorney of record in the attorney's name or by a party personally if the party is not represented by an attorney. The pleading, motion, request, application or objection shall state the signer's address, electronic mail address and telephone number. Except as otherwise required by law or by rule of the court, a pleading need not be verified or accompanied by an affidavit. The court shall strike an unsigned pleading, motion, request, application or objection unless the omission of a signature is promptly corrected after being called to the attorney's or party's attention.
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30	30	(b) By presenting to the court a pleading, motion, request, application or objection, whether by signing, filing, submitting, or later advocating it, an attorney or unrepresented party certifies with respect to the document, to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that: (1) Such document is not being presented for any improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of litigation; (2) the claims, defenses and other legal contentions set forth in such document are warranted by existing law or by a nonfrivolous argument for extending, modifying or reversing existing law or for establishing new law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
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32	32	(c) If, after notice and a reasonable opportunity to respond has been provided to an unrepresented party, attorney or a law firm, the court determines that any provision of subsection (b) of this section has been violated, the court may impose an appropriate sanction on such party, attorney or law firm, that is in violation of said subsection or is responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly responsible for a violation committed by a partner, associate or employee of such law firm.
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34	34	(d) A motion for sanctions shall be made separately from any other motion and shall describe the specific conduct that allegedly violates the provisions of subsection (b) of this section. A motion for sanctions shall be served in accordance with the rules of the court, provided such motion shall not be filed or be presented to the court if the challenged pleading, motion, request, application or objection is withdrawn or appropriately corrected not later than twenty-one days after the date of service or such other time as may be set by the court. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.
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36	36	(e) A court, in its own initiative, may order an unrepresented party, attorney or a law firm to show cause why conduct specifically described in such order is not a violation of the provisions of subsection (b) of this section.
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38	38	(f) A court, when imposing a sanction under this section, shall limit such sanction to that which is sufficient to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.
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40	40	(g) A court shall not impose a monetary sanction: (1) Against a represented party for violating subdivision (2) of subsection (b) of this section; or (2) on its own, unless the court issued a show cause order under subsection (e) of this section before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.
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42	42	(h) Any court order imposing a sanction shall describe the sanctioned conduct and explain the basis for the sanction.
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44	44	(i) The provisions of this section shall not apply to disclosure and discovery requests or responses, objections and motions filed in response to such requests. Such matters shall be filed, heard and determined in accordance with the applicable rules of the court.
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46	46	Sec. 2. Section 52-99 of the general statutes is repealed. (Effective October 1, 2016)
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48	48
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51	51	This act shall take effect as follows and shall amend the following sections:
52	52	Section 1 October 1, 2016, and applicable to actions pending on and action filed on or after said date New section
53	53	Sec. 2 October 1, 2016 Repealer section
54	54
55	55	This act shall take effect as follows and shall amend the following sections:
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57	57	Section 1
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59	59	October 1, 2016, and applicable to actions pending on and action filed on or after said date
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61	61	New section
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63	63	Sec. 2
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65	65	October 1, 2016
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67	67	Repealer section
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69	69	Statement of Purpose:
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71	71	To provide state courts with the authority to impose sanctions in civil actions in a manner that is consistent with Rule 11 of the Federal Rules of Civil Procedure.
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73	73	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]