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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6780
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I am trying to file a Motion for Sanctions pursuant to Rule

Customer Question

I am trying to file a Motion for Sanctions pursuant to Rule 11 in the State of NC. I want to know can I file it in state court or federal?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: I have a pending case. The opposing attorney filed a Motion to Dismiss my appeal and used all false claims in her motion. She also sent me a false Notification of hearing as well. I have all the documentation that proves she is in violation of Rule 11 of NC Civil Procedure.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's it.
Submitted: 1 month ago.
Category: Legal
Expert:  Stacy Adkins replied 1 month ago.

Is your pending case in state or federal court?

Expert:  Irwin Law replied 1 month ago.

Good morning. I see that your former expert has opened your question up to others, so I will take it from here. The motion for sanctions is filed in the court in which the action is pending. In your case, if the offending pleadings filed in the Court of Appeals in order to obtain a dismissal of the appeal, then that is where your response and motion for sanctions should be filed. If the documents were filed in the lower court from which you are appealing, then the sanctions motion should be filed in the lower court proceeding.

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