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The Declaration Of Donald Zakarin In Support Of The Rule 11 Motion Against Diddy Accuser Jones (5/21/24)

The Declaration Of Donald Zakarin In Support Of The Rule 11 Motion Against Diddy Accuser Jones (5/21/24)
21 de may. de 2024 · 15m 42s

A declaration of support for Rule 11 sanctions is a legal document or statement filed in court to support a motion for Rule 11 sanctions against an opposing party or...

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A declaration of support for Rule 11 sanctions is a legal document or statement filed in court to support a motion for Rule 11 sanctions against an opposing party or attorney. Rule 11 of the Federal Rules of Civil Procedure mandates that parties and their attorneys ensure that pleadings, motions, and other papers submitted to the court are not being presented for improper purposes (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation), are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law, and have evidentiary support or, if specifically so identified, are likely to have evidentiary support after further investigation.Here’s what a declaration of support for Rule 11 sanctions typically includes:
  1. Identification of the Declarant: The person making the declaration (usually the attorney for the moving party) identifies themselves and their role in the case.
  2. Statement of Competence: The declarant asserts that they have personal knowledge of the facts stated in the declaration and are competent to testify to those facts.
  3. Description of Conduct: The declaration describes the specific conduct of the opposing party or attorney that allegedly violates Rule 11. This might include submitting frivolous claims, making false statements, or engaging in harassing behavior.
  4. Evidence: The declarant provides evidence supporting their claims, such as copies of pleadings, motions, or other documents filed by the opposing party, as well as records of communications or other relevant materials.
  5. Legal Basis: The declaration explains the legal basis for seeking sanctions, referencing Rule 11 and relevant case law to argue why the opposing party’s conduct warrants sanctions.
  6. Certification: The declarant certifies that the statements made in the declaration are true and correct to the best of their knowledge.
A declaration of support for Rule 11 sanctions aims to demonstrate to the court that there is a legitimate basis for imposing sanctions on the opposing party or attorney for their improper conduct in litigation.


In this episode, we take a look at the Donald Zakarin declaration in support of a rule 11 motion filed against Tyrone Blackburn and Rodney Jones.   


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