Sanctions can appear within a variety of topics within Civil Procedure on the MBE. One such topic deals specifically with the availability of sanctions against those who do not follow the guidelines for pretrial conferences.
Let's begin with some generalities and then work towards the specifics. A federal district court may order the attorneys or any unrepresented parties to attend one or more pretrial conferences. On motion or on its own, a court may order sanctions if a party or an attorney fails to appear at a scheduling conference or other pretrial conference. Sanctions might also be ordered if a party or its attorney is substantially unprepared to participate or does not participate in good faith in the conference. Lastly, a failure to obey a scheduling or other pretrial order may lead to sanctions.
There are a number of available sanctions, and the following are some common sanctions to keep in mind: dismissal of the action in whole or in part; striking the pleadings in whole or in part; holding in contempt of court; issuing a default judgment; prohibiting use of evidence; and staying further proceedings.
A sanction sometimes tested which can be imposed in addition to any other sanction is the imposition of fees. Specifically, if a party is sanctioned related to a pretrial conference, the court must order the party, its attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred because of any noncompliance. This is a mandatory rule unless the noncompliance was substantially justified, or if other circumstances make such an award unjust. A court's order of sanctions is reviewable under an abuse of discretion standard.
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