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Law Educator, solamenteHola Law EducatorThank you for taking time to review and respond to my question.Quiero saberFor rule 11, which part do I use? 11(3) , 11(4) both or none?Gracias
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Answered in 3 minutes by:
11/23/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,215
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can apply Rule 11 to anything not under Rule 26, so you have to apply Rule 11 not to any document submitted in discovery, but actual pleadings. See Rule 11(d) where it says it does not apply to anything in discovery under Rule 26. So your argument got a bit simpler in that you are arguing here Rule 26 violations.

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Customer reply replied 23 days ago
Thank you for your reply.Another eureka moment. So.....I might be overthinking things, Please accept my apologies in advance from keeping you
Ok for the fake document, I cited the issues and inaccuracies contained therein and failure to use reasonable enquiry. I also cited that the validity of the statements contained within, fell under the defendant since he supported its' submission and given the mistakes in the actual verification statement--AND that information contained was incorrect and easily verifiable by the attorney that presentation (support) of the signing of the document was a rule twenty six(g)(1)(A) violation which carries sanctions under rule twenty six g3.
Is that correct?
Then for the actual pleading used to submit the notice to the court--it's a rule 11 violation; which could be 11.4 " the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information"--I use as the basis?

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

That would fall under Rule 26, that is correct. So by him not validating what he submitted in discovery as required under Rule 26, he has committed a violation under 26 g and sanctioned under 26 g3

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Customer reply replied 23 days ago
Thank you
I am still confused about rule 11. Do I use rule 11b? I asked because I know they are going to try to say it doesn't apply or attach it to a lesser part . So, under 11b (as I don't think a applies its correctly signed and all that) which one of the parts do I use as it relates to 1-4?

Thank you for your reply.

Read Rule 11(d), it would exclude documents presented in discovery. Rule 11 applies only to pleadings filed with the court. It says discovery issues fall under Rule 26, not Rule 11.

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Customer reply replied 23 days ago
Thank you for your reply.I did read it and comprehend the exclusionary aspects under it. *sigh* I guess I am stuck in a literal loop again.
I was attempting to directly correlate or match which numbers out of the 4 -- mentioned in 11b would match up to my
current issue (presentation of fake document).I'm going to go make some fresh granola, and have some tea. I've been looking at this too long, I need to sit back and analyse it from the perspective we discussed yesterday. Thanks for your assistance. I'm going 10-7b
Have an awesome day!!!

Thank you for your reply.

Unfortunately, no, you have to go ahead and pursue that document about the driver in your traffic accident under the Rule 26 sanctions.

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Customer reply replied 23 days ago
am I omitting rule 11 now? I am confused

Thank you for your reply.

Yes, based on Rule 11d you need to leave that argument out.

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Customer reply replied 23 days ago
Ok. But there has to be a way to address the false document. My manner of that though it related to discovery, the issue was being addressed in an osc to determine "why" or "if" discovery was violated. Therefore under rule 11b.1 the information presented to the court in response to the osc (the pleading or brief) contained false information as it stated the info was propounded and then provided no proof that it was.The issue, though it is discovery related--relates moreso to the information that the defendant swears is correct by their own research, personal recollection. However, the statements made were knowingly false--as shown upon direct questioning of the documents' provider. So though it relates to discovery--it as part of the osc...relates to the false statements contained within the document.11b.1 "it's not being presented for any improper purpose....." the proof in the statements made by the def. in their brief, and the verbal statements made thereafter show a pattern of knowingly attempting to obscure the truth. The pleading is a lie submitted with a false document.Thoughts?

Thank you for your reply.

Yes, you address the false document as part of Rule 26 violations. So you can still address it, just under Rule 26. If the document was signed under oath and notarized, then you can ask the judge sanction them for perjury as well.

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Customer reply replied 23 days ago
Ok. Thank you for catching that!
What is the difference between certification and verification?
The answers were missing the normal I certify under statute # which is normally at the beginning and instead
verification was placed at the end mistakes in the verification a man supposedly signed it but the verification said she
I looked up the code and it says its to be made under oath. 'Under Oath" is left out of the verification statement.
There is no notary stamp. I guess it was presented under the attorneys notary powers. I don't know if they are a notary or not.
But having the under oath part left off is highly suspect. The signature line has no printed signature below it, and the writing is not legible. meaning it doesn't have to be the person that say prepared it that signed it.
The form of the document is totally improper. But the lack of oath bothers me more

Thank you for your reply.

Certification/verification same thing.

If it was not made under oath, then it simply is something you ask them to sanction under Rule 26.

So that is where you argue.

Law Educator, Esq.
Category: Legal
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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