Sanctions

It is really rare that sanctions are given against a party, but today’s newspaper here in Charleston, SC told of such a rare instance and a large monetary amount: http://www.postandcourier.com/news/2010/jul/07/hospital-faces-67000-in-sanctions/

What can be learned from this?  First rule is that when a judge has ruled, do not contest it.  If you want to contest it, there is something called an appeal which is the way to contest it, if you and your client believe that the judge was wrong.  Sitting in court,  I have heard attorneys go into that “But Your Honor” mode after a judge has denied their motion.  Also, I have heard a judge say (the first time):  “I have ruled.”  When it again occurred, I would not have been surprised if the judge would have let the “Officer of the Court” (as attorneys are called) cool his heels in a jail cell for a while.  It did not occur, so there was no surprise there either.

When an attorney violates a rule or a law in handling litigation, there can be violations of Rule 11 or of Rule 37 of the S.C. Rules of Civil Procedure.  Even Wikipedia has an article on Rule 11:  http://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedure As to Rule 37, here is the wording:  http://www.judicial.state.sc.us/courtreg/displayRule.cfm?ruleID=37.0&subRuleID=&ruleType=CIV You can note that a person who fails to answer a “standard interrogatory” is subject to sanctions without a prior order–never have heard of that being invoked although many time a Motion to Compel has pointed such out.

One thing is certain:  Violate a judge’s Order or try to do an “end run” around a judge, and it could cost you or your client.

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About MaxLaw843

Max is an attorney and a member of Grimball & Cabaniss, LLC where he has practiced litigation since 1987, concentrating in construction, personal injury, and business litigation. He also has handled quite a number of appellate cases. In the community, he is past president of the Scottish Society of Charleston, Inc. and is the Chair of Church Council of Bethel United Methodist Church in downtown Charleston.
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