Also known as:frivolous claim rule · frivolous claims rules · Rule 11 · frivolous litigation rule
Written by attorneys · grounded in primary & secondary sources — see below
A principle that prohibits lawyers from bringing or defending a proceeding or asserting an issue unless there is a basis in law and fact that is not frivolous. The principle encompasses claims or positions lacking legal or factual merit as well as those taken primarily to harass or maliciously injure another party.
Sources & Authorities
How it applies
Common Examples
2
Sanctions Motion After Baseless Filing
Francesca Fiore's attorney filed a complaint alleging copyright infringement based solely on shared chord progressions and a general theme of loss, with no evidence of access or substantial similarity of protectable elements. After receiving the complaint, opposing counsel served a sanctions motion describing the specific deficiencies and waited the required period without any withdrawal. The court determined that the filing violated the certification requirements and imposed sanctions on the attorney and firm.
Removal Notice Lacking Proper Grounds
Felicia Fuentes, a defendant in state court, filed a notice of removal in federal district court asserting diversity jurisdiction. The notice contained only a brief jurisdictional paragraph and omitted several served state-court orders. The plaintiff moved to remand, arguing the notice failed to satisfy the statutory requirements for a signed short and plain statement accompanied by all process, pleadings, and orders.
Put it into practice
Test Yourself
9
Practice Questions4
· 12 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Course Outlines
Common questions
Frequently Asked
4
What makes a claim frivolous under the rule?+
A claim is frivolous if it lacks a reasonable basis in law or fact or is brought primarily to harass. A position is not frivolous merely because it ultimately loses, but an argument must be one that a reasonable lawyer could not advance in good faith.
Supporting sources
Does the rule apply differently in criminal cases?+
In criminal cases a defendant has a due process right to plead not guilty and require the government to prove every element. The rule therefore does not prevent a defense that forces the prosecution to its proof, unlike in civil litigation.
Supporting sources
May a lawyer file a claim to test or extend existing law?+
A lawyer may assert a claim that rests on a good-faith argument for extending, modifying, or reversing existing law. The two recent district-court decisions cited by the client supplied a non-frivolous foothold for such an argument in the copyright context.
Supporting sources
What procedural steps must precede Rule 11 sanctions?+
A sanctions motion must be made separately from any other motion, must describe the specific conduct alleged to violate the rule, and must be served but not filed until twenty-one days after service to allow withdrawal or correction.
Supporting sources
Civil ProcedureJurisdiction and venue · Federal subject-matter jurisdiction (federal question, diversity, supplemental, and removal)UBEFoundational