Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1000 - ACTIONS
Subchapter A - CIVIL ACTION
PLEADINGS
Rule 1023.4 - Sanctions
Universal Citation: 231 PA Code ยง 1023.4
Current through Register Vol. 54, No. 38, September 21, 2024
(a)
(1) A sanction imposed for violation of Rule
1023.1 shall be limited to that
which is sufficient to deter repetition of such conduct or comparable conduct
by others similarly situated.
(2)
Subject to the limitations in subdivision (b), the sanction may consist of, or
include,
(i) directives of a nonmonetary
nature, including the striking of the offensive litigation document or portion
of the litigation document,
(ii) an
order to pay a penalty into court, or,
(iii) if imposed on motion and warranted for
effective deterrence, an order directing payment to the movant of some or all
of the reasonable attorneys' fees and other expenses incurred as a direct
result of the violation.
(3) Except in exceptional circumstances, a
law firm shall be held jointly responsible for violations committed by its
partners, associates and employees.
(b)
(1)
Monetary sanctions may not be awarded against a represented party for violation
of Rule 1023.1(c)(2).
(2) Monetary
sanctions may not be awarded on the court's initiative unless the court issues
its order to show cause before a voluntary dismissal or settlement of the
claims made by or against the party which is, or whose attorneys are, to be
sanctioned.
(c) When imposing sanctions, the court shall describe the conduct determined to be a violation of Rule 1023.1 and explain the basis for the sanction imposed.
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