(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Lawsuit Abuse Reduction Act of 2013 - Amends the sanctions provisions in Rule 11 of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question.
Removes a provision that prohibits filing a motion for sanctions if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.
Authorizes the court to impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2655 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2655
To amend Rule 11 of the Federal Rules of Civil Procedure to improve
attorney accountability, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2013
Mr. Smith of Texas (for himself, Mr. Goodlatte, Mr. Franks of Arizona,
Mr. Jordan, Mr. Chaffetz, Mr. Farenthold, and Mr. Holding) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend Rule 11 of the Federal Rules of Civil Procedure to improve
attorney accountability, 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 ``Lawsuit Abuse Reduction Act of
2013''.
SEC. 2. ATTORNEY ACCOUNTABILITY.
(a) Sanctions Under Rule 11.--Rule 11(c) of the Federal Rules of
Civil Procedure is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall'';
(2) in paragraph (2), by striking ``Rule 5'' and all that
follows through ``motion.'' and inserting ``Rule 5.''; and
(3) in paragraph (4), by striking ``situated'' and all that
follows through the end of the paragraph and inserting
``situated, and to compensate the parties that were injured by
such conduct. Subject to the limitations in paragraph (5), the
sanction shall consist of an order to pay to the party or
parties the amount of the reasonable expenses incurred as a
direct result of the violation, including reasonable attorneys'
fees and costs. The court may also impose additional
appropriate sanctions, such as striking the pleadings,
dismissing the suit, or other directives of a nonmonetary
nature, or, if warranted for effective deterrence, an order
directing payment of a penalty into the court.''.
(b) Rule of Construction.--Nothing in this Act or an amendment made
by this Act shall be construed to bar or impede the assertion or
development of new claims, defenses, or remedies under Federal, State,
or local laws, including civil rights laws, or under the Constitution
of the United States.
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Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 6 - 2 .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 17 - 10.
Reported by the Committee on Judiciary. H. Rept. 113-255.
Reported by the Committee on Judiciary. H. Rept. 113-255.
Placed on the Union Calendar, Calendar No. 181.
Rules Committee Resolution H. Res. 403 Reported to House. The resolution provides for the consideration of H.R. 2655 and H.R. 982. In the case of H.R. 2655, the resolution provides for one hour of debate and one motion to recommit. In the case of H.R. 982, the resolution provides for one hour of general debate and makes in order only those amendments printed in the Rules Committee report. The resolution also provides for one motion to recommit the bill H.R. 982.
Considered under the provisions of rule H. Res. 403. (consideration: CR H7069-7079)
The resolution provides for the consideration of H.R. 2655 and H.R. 982. In the case of H.R. 2655, the resolution provides for one hour of debate and one motion to recommit. In the case of H.R. 982, the resolution provides for one hour of general debate and makes in order only those amendments printed in the Rules Committee report. The resolution also provides for one motion to recommit the bill H.R. 982.
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DEBATE - The House proceeded with one hour of debate on H.R. 2655.
The previous question was ordered pursuant to the rule. (consideration: CR H7077)
Mr. Lewis moved to recommit with instructions to Judiciary. (consideration: CR H7077-7078; text: CR H7077)
DEBATE - The House proceeded with 10 minutes of debate on the Lewis motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit provisions of the bill from applying to any cases brought under civil rights laws or the Constitution.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7078)
On motion to recommit with instructions Failed by the Yeas and Nays: 197 - 225 (Roll no. 580).
Roll Call #580 (House)Passed/agreed to in House: On passage Passed by recorded vote: 228 - 195 (Roll no. 581).(text: CR H7069)
Roll Call #581 (House)On passage Passed by recorded vote: 228 - 195 (Roll no. 581). (text: CR H7069)
Roll Call #581 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.