What is a motion for sanctions in civil litigation?

A motion for sanctions in civil litigation is a legal document filed with the court by a party in a lawsuit alleging the other party has acted inappropriately or violated a court order in some way. This motion requests that the court punish the offending party by ordering them to pay an amount of money, known as sanctions, to the other party or to the court. In South Carolina, motions for sanctions can be filed for a range of issues. These include deliberately failing to comply with court orders, making false statements or withholding documents, or knowingly presenting false evidence to the court. Sanctions can also be requested if a party fails to appear at a scheduled hearing, or for any other conduct that interferes with the court’s ability to achieve justice. Sanctions can vary, but can include fines, an order to pay attorney fees, or the dismissal of a case. The court often uses a sliding scale for sanctions, meaning that the amount of the sanction is determined by the gravity of the offense and the financial resources of the party that committed the offense. For example, a small fine may be imposed for a minor violation, while a more serious or repeated violation can result in a more severe punishment. Generally, motions for sanctions must be filed within a certain period of time of the offending party’s conduct or your right to request sanctions is lost. Therefore, if you believe that the other party has acted inappropriately or violated a court order, it is important to speak with an experienced civil litigation attorney as soon as possible to determine whether filing a motion for sanctions is necessary.

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What is a motion for sanctions in civil litigation?

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