Abstract

In this 1991 article, Carl Tobias responds to Professor Arthur Miller's suggestion that Federal Rule of Civil Procedure 11 should not be prematurely revised.

"Professor Miller's admonitions may convince some observers, especially those authorized to propose revisions in, or to amend, the Rule that there is little wrong with Rule 11's application and that the federal judiciary simply needs a few more years to refine the implementation of this new concept. Numerous problems, however, remain substantial and some may be intrinsic or even irremediable, while certain litigants, especially civil rights plaintiffs, cannot afford to wait. I trust that Professor Miller's suggestions will not limit debate on Rule 11, which thus far has been robust and productive, thoroughly ventilating most of the relevant issues. Lively, comprehensive discussion should continue, as the Advisory Committee and participants in the debate analyze the new Rule 11 studies, the written public comments submitted last November, and the oral testimony presented at the February hearing, and as the Advisory Committee considers revision of Rule 11."

Document Type

Article

Publication Date

1991

Download

Share

COinS