[COURT NAME]
[DIVISION] DIVISION
[PLAINTIFF NAME(S)], §
§
Plaintiff[s], §
§ CIVIL ACTION NO. [CASE NO.]
v. §
§
[DEFENDANT NAME(S)], §
§
Defendant[s]. §
________________________________________________§______________________________________________
[MOVING PARTY] MOTION FOR SANCTIONS
________________________________________________________________________________________________
[// GUIDANCE: Insert any required local-rule header language here.]
NOTICE OF MOTION AND MOTION
PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [MOVING PARTY] will and hereby does move the Court for sanctions against [OPPOSING PARTY/COUNSEL] pursuant to [RULE/STATUTE/COURT ORDER].
This Motion is based on the accompanying memorandum, declarations, exhibits, the pleadings on file, and such other argument or evidence as may be presented.
MEMORANDUM OF POINTS AND AUTHORITIES
I. Introduction
Sanctions are warranted because [OPPOSING PARTY/COUNSEL] [DESCRIBE CONDUCT] in violation of [RULE/ORDER], causing prejudice and unnecessary expense.
II. Background
- Relevant orders or rules: [LIST].
- Misconduct: [DESCRIBE].
- Prior warnings or meet-and-confer efforts: [DETAILS].
III. Legal Standard
[Identify the applicable standard for sanctions under the authority cited.]
IV. Argument
A. [OPPOSING PARTY/COUNSEL] violated [RULE/ORDER].
[Explain the violation with citations to evidence.]
B. The violation was willful or unjustified.
[Explain intent or lack of reasonable justification.]
C. Sanctions are appropriate and proportional.
[Explain the requested sanctions and why they are tailored.]
V. Requested Relief
[MOVING PARTY] respectfully requests that the Court:
1. Impose sanctions in the form of [MONETARY/ISSUE/ EVIDENTIARY/TERMINATING/OTHER].
2. Award attorney fees and costs caused by the misconduct.
3. Grant such other relief as the Court deems just.
CONCLUSION
For the foregoing reasons, the Court should grant the Motion for Sanctions.
Respectfully submitted,
text
Dated: [DATE]
______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [MOVING PARTY]
CERTIFICATE OF SERVICE
I certify that on [DATE], I served the foregoing Motion for Sanctions on all counsel of record via [METHOD OF SERVICE] in compliance with Fed. R. Civ. P. 5.
text
______________________________
[ATTORNEY NAME]
[PROPOSED] ORDER
The Court, having considered [MOVING PARTY]'s Motion for Sanctions, ORDERS as follows:
1. The Motion is GRANTED.
2. Sanctions are imposed as follows: [DETAILS].
3. [OPPOSING PARTY/COUNSEL] shall comply with this Order by [DATE].
IT IS SO ORDERED.
Dated: [DATE]
______________________________________
[JUDGE NAME]
United States District Judge