(1) On Court’s Own Initiative
. The court, upon its own initiative, may issue an order to show cause why sanctions should not be imposed against a party and/or an attorney for violation of these rules, Fed. R. Civ. P. 11
, 28 U.S.C. § 1927
, or other provisions of the federal rules or statutes. The court will state the reasons for issuing the show cause order. Unless otherwise ordered, all parties may respond within 14 days after the filing of the order to show cause. The responses may include affidavits and documentary evidence as well as legal arguments.
(2) On a Party’s Motion. A party may raise the issue of sanctions by a timely-filed motion. The responding party may respond in the same manner as specified above.
(3) Procedure. After the response time passes and without further proceedings, the court may rule on the issues of violation and the nature and extent of any sanction imposed. Discovery and evidentiary hearings on sanctions are permitted only by court order. The court will articulate the factual and legal bases for its rulings on sanctions.
(b) Imposition of Sanctions. If the court finds a violation of local rule or court order, the court may impose sanctions pursuant to Fed. R. Civ. P. 11 or other federal rules or statutes. In addition, the court may issue such orders as are just under the circumstances, including the following:
(1) an order that designated matters or facts are taken as established for purposes of the action;
(2) an order refusing to allow the failing party to support or oppose designated claims or defenses, or prohibiting it from offering specified witnesses or introducing designated matters in evidence;
(3) an order striking pleadings or parts thereof, or staying proceedings until the rule is complied with, or dismissing the action or any part thereof, or rendering a judgment by default against the failing party; and
(4) an order imposing costs, including attorney’s fees, against the party, or its attorney, who has failed to comply with a local rule.
(c) Sanctions Within the Discretion of the Court. The court has discretion whether to impose sanctions for violation of a local rule or order. In considering sanctions, the court may consider whether a party’s failure was substantially justified or whether other circumstances make sanctions inappropriate.
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As amended 12/01/09.