When can a party pursue sanctions against another party for frivolous conduct in a lawsuit?

webblawBoise Attorney, Civil Litigation

A common question that clients involved in litigation ask is: When can I pursue sanctions against the other side in a lawsuit for frivolous conduct? The answer to this question is found in the Idaho Code and the Idaho Rules of Civil Procedure.

Sanctions under Idaho Code Section 12-123

In a civil case (as opposed to a criminal case, which has separate rules), under Idaho Code Section 12-123, a party may seek sanctions against an opposing party if that party or his/her counsel engages in “frivolous conduct,” which is defined as conduct that satisfies either of the following:

(i) It obviously serves merely to harass or maliciously injure another party to the civil action;

(ii) It is not supported in fact or warranted under existing law and cannot be supported by a good faith argument for an extension, modification, or reversal of existing law.

Idaho Code Section 12-123(1)(b)(i)-(ii). Additionally, the term “conduct” is defined as “filing a civil action, asserting a claim, defense, or other position in connection with a civil action, or taking any other action in connection with a civil action.” Thus, under the Code, if a party files a lawsuit, brings a motion, or takes any other action in connection with a lawsuit that merely serves to harass or is not supported by law, the party affected may request sanctions against the offending party.

Sanctions may include an award of attorney fees and costs to the party adversely affected. I.C. 12-123(2)(c). However, these fees must “not exceed the attorney’s fees that were both reasonably incurred by a party and necessitated by the frivolous conduct.” Id. Additionally, an award of fees “may be made against a party, his counsel of record, or both.” I.C. 12-123(2)(d).

What is the process for pursuing sanctions?

If a party determines that the opposing party is engaged in frivolous conduct that warrants sanctions, the Code sets out a procedure for pursuing those sanctions. I.C. 12-123(2) provides that the party requesting sanctions must set a hearing, provide notice of the hearing, and attend the hearing and explain to the court why the conduct was frivolous. Additionally, the party seeking sanctions will need to provide the Court with an itemized list of the fees and costs that it has incurred because of the frivolous conduct. If the court agrees that the conduct was frivolous, it may order the offending party to pay those attorney fees and costs.

It should also be noted that there are certain time constraints for filing a motion for sanctions. The Code forbids filing a motion after the commencement of a trial, except withing twenty-one (21) days after the court enters a judgment in the case.

Sanctions under Rule 11 of the Idaho Rules of Civil Procedure
In addition to I.C. 12-123, a party can also seek sanctions under Idaho Rule of Civil Procedure 11. Rule 11 states that when an attorney or unrepresented party signs any pleading, he/she is certifying that:

  1. it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
  2. the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
  3. the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
  4. the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

I.R.C.P. 11(b)(1)-(4). If a court finds that the above certifications are violated, the court may award attorney fees and costs to the aggrieved party.
In order to obtain an award under Rule 11, an aggrieved party must file a motion with the court; however, the motion must be served upon the opposing party before it is filed with the court. The aggrieved party must provide the offending party twenty-one (21) days to correct or withdraw the pleading. If it is not withdrawn, the aggrieve party may file the motion with the court, and the court will decide whether awarding attorney fees and costs are appropriate.

If you are involved in a lawsuit with a party that is engaging in frivolous conduct, please contact the experienced attorneys at BRIAN WEBB LEGAL for a consultation.  (208) 331-9393