Sep 13, 2003
SUMMARY OF AMENDMENT SUBMITTED TO THE RULES COMMITTEE ON H.R. 4571 - LAWSUIT ABUSE REDUCTION ACT OF 2004
Summary of Amendments Submitted to the Rules Committee on
H.R. 4571 - LAWSUIT ABUSE REDUCTION ACT of 2004
RULE TO PROVIDE FOR CONSIDERATION OF H.R. 4571, AND AMENDMENTS MADE IN ORDER
Turner (TX) #2 Amendment in the Nature of a Substitute.
Section 1. Sanctions for Frivolous Pleading- Imposes mandatory sanctions on frivolous pleadings (first violation - required payment of costs and attorneys fees; second violation - adds that the attorney is held in contempt and monetary fine; third violation - adds referral to state bar for disciplinary proceedings).
Section 2. Sanctions for Frivolous Conduct During Discovery - Imposes mandatory sanctions on discovery violations (first violation - required payment of costs and attorneys fees; second violation - adds that the attorney is held in contempt and monetary fine; third violation - adds referral to state bar for disciplinary proceedings).
Section 3. Ban on Frivolous Concealment of Unlawful Conduct - Limits the ability of corporate wrongdoers to conceal any conduct harmful to public welfare by requiring that court records may not be sealed unless the court first finds that such sealing is justified.
Section 4. Enhanced Sanctions for Document Destruction - Provides that parties which destroy documents in connection with civil proceedings shall be punished with mandatory civil sanctions, held in contempt of court, and referred to state bar for disciplinary proceedings.
Section 5. Expedited Disposition of Frivolous and other Lawsuits in State Courts - Imposes the Civil Justice Reform Act, which has proved successful in federal courts, to the state courts in order to speed up the pretrial process and weed out junk lawsuits (40 minutes).
