Available, sparingly granted, and usually more effective as a warning than as a motion.
Esshaki Legal Media TeamCurrent as of February 2026
Courts can sanction parties and counsel for filings made without a reasonable
basis, for improper purposes, or for discovery abuse. The remedies range from a
reprimand through fee-shifting to dismissal or default.
The certification standard. Signing a filing generally certifies that it is
not presented for an improper purpose, that the legal contentions are warranted by
existing law or a non-frivolous argument to change it, and that the factual
contentions have evidentiary support or are likely to after investigation. The
test is objective reasonableness at the time of filing, not hindsight.
Safe harbor. Many rules require the moving party to serve the motion and
give the other side a period to withdraw the offending filing before it is filed
with the court. Skipping that step is the most common reason sanctions motions
fail on procedure rather than merits.
Discovery sanctions operate separately and are granted far more often —
for failing to produce, failing to appear, or violating an order.
Practical judgment. Sanctions motions are expensive, rarely granted, and
frequently damage the moving party’s credibility if they look like a tactic. The
letter identifying the problem and inviting withdrawal usually achieves more than
the motion, and it preserves the record if the conduct continues.