RULE 9.410. SANCTIONS

(a) Court’s Motion. After 10 days’ notice, on its own motion,
the court may impose sanctions for any violation of these rules, or
for the filing of any proceeding, motion, brief, or other document
that is frivolous or in bad faith. Such sanctions may include
reprimand, contempt, striking of briefs or pleadings, dismissal of
proceedings, costs, attorneys’ fees, or other sanctions.

(b) Motion by a Party.

(1) Applicability. Any contrary requirements in these
rules notwithstanding, the following procedures apply to a party
seeking an award of attorneys’ fees as a sanction against another
party or its counsel pursuant to general law.

(2) Proof of Service. A motion seeking attorneys’ fees as
a sanction shall include an initial certificate of service, pursuant to
rule 9.420(d) and subdivision (b)(3) of this rule, and a certificate of
filing, pursuant to subdivision (b)(4) of this rule.

(3) Initial Service. A motion for attorneys’ fees as a
sanction must initially be served only on the party against whom
sanctions are sought. Initial service shall be made in conformity
with the requirements of Florida Rule of General Practice and
Judicial Administration 2.516. That motion shall be served no later
than the time for serving any permitted response to a challenged
document or, if no response is permitted as of right, within 20 days
after a challenged document is served or a challenged claim,
defense, contention, allegation, or denial is made at oral argument.
A certificate of service that complies with rule 9.420(d) and that
reflects service pursuant to this subdivision shall accompany the
motion and shall be taken as prima facie proof of the date of service
pursuant to this subdivision. A certificate of filing pursuant to
subdivision (b)(4) of this rule shall also accompany the motion, but
should remain undated and unsigned at the time of the initial
service pursuant to this subdivision.
(4) Filing and Final Service. If the challenged document,
claim, defense, contention, allegation, or denial is not withdrawn or
appropriately corrected within 21 days after initial service of the
motion under subdivision (b)(3), the movant may file the motion for
attorneys’ fees as a sanction with the court (A) no later than the
time for service of the reply brief, if applicable, or (B) no later than
45 days after initial service of the motion, whichever is later.

The movant shall serve upon all parties the motion filed with
the court. A certificate of filing that complies in substance with the
form below, and which shall be dated and signed at the time of final
service pursuant to this subdivision, shall be taken as prima facie
proof of such final service.

I certify that on . . . . .(date). . . . . , a copy of this previously
served motion has been furnished to .....(court)..... by .....hand
delivery/mail/other delivery source..... and has been furnished to
.....(name or names)..... by .....hand delivery/mail/other delivery
source......

(5) Response. A party against whom sanctions are
sought may serve 1 response to the motion within 15 days of the
final service of the motion. The court may shorten or extend the
time for response to the motion.

Committee Notes

1977 Amendment. This rule replaces former rule 3.17. This
rule specifies the penalties or sanctions that generally are imposed,
but does not limit the sanctions available to the court. The only
change in substance is that this rule provides for 10 days notice to
the offending party before imposition of sanctions.

2010 Amendment. Subdivision (b) is adopted to make rule
9.410 consistent with section 57.105, Florida Statutes (2009).