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JPEsq
JPEsq, Attorney
Category: Legal
Satisfied Customers: 5106
Experience:  Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
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I need an attorney to answer some procedural questions concerning

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I need an attorney to answer some procedural questions concerning Rule 11 sanctions and the South Carolina frivolous civil proceedings sanctions act. 1. As a pro se litigant, do I have to consult with the opposing attorney on my motion for sanctions? 2. Should I be asking for sanctions either under Rule 11 or SC's frivolous civil proceedings act or both? 3. When I file my motion, should I be seeking sanctions against the opposing attorney or the firm he works for or both? 4. When I file my motion do I include a supporting memorandum at the same time, or do I file the supporting memo before the hearing, or do I just argue my points at the hearing? 5. Is it appropriate for me to specifically list the sanctions that I wish the court to consider, i.e., costs, attorney's fees, and specifically I wish to ask the court to enjoin the opposing attorney and/or his firm from pursuing any other frivolous litigation against me? (The opposing attorney has already started a second action against me which also has no merit.) 6. Can I also file a cross complaint and sue the Plaintiff for bringing a frivolous action or should I confine my actions to seeking sanctions against the opposing counsel only? Randy

1. No, you don't have to consult the opposing attorney.

2. Both.

3. The lawyer himself.

4. It would be best to file your motion for sanctions and memo in support at the same time. It is not required, but that is the preferred way.

5. Yes, you can request specific relief. Generally it is not a big part of the motion, just at the end, you would say something like "WHEREFORE, petitioner prays for X, Y, Z, and all other relief appropriate in these premises."

6. You could theoretically file a counterclaim for abuse of process, but I would just ask for your costs after you win the suit.

 

 

 

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