eesh Wrote:
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> Because what they claim never happened. You notice
> before the claims, it's worded "upon information
> and belief." That's legal speak for "we can't
> substantiate what we say, but we're not perjuring
> ourselves."
Sigh...
Nope.
Virginia’s sanctions statute,
Virginia Code § 8.01-271.1, requires that every “pleading, written motion, and other paper” in a case be signed by an attorney.
The signature acts as a certification that, among other things, there is a well grounded factual basis for each assertion in it, based on the signer’s belief “formed after reasonable inquiry.”
If a paper is signed in violation of this requirement, then the court can sanction the person who signed it, or his client, or both.
Note that the statute does not require that the assertions be in fact true, or even that they must ultimately be proven at trial. The only requirements are that the signer must believe them to be well grounded, and that that belief must be based on a reasonable inquiry.
This is the Virginia equivalent of federal
Rule 11, with one key difference.
The federal rule has a “safe harbor” provision, giving a lawyer 21 days within which to withdraw a challenged document, and thereby avoid any possible sanctions.
Virginia law doesn’t have that; essentially, as soon as you file or serve a paper that violates the statute, the “offense” is complete and you’re subject to being sanctioned.
http://www.virginia-appeals.com/media_coverage.aspx?id=76