Amendment imposes sanctions for the destruction of relevant documents in a pending Federal court proceeding; contains provisions for setting standards for a court's determination that certain court records should be sealed; and includes provisions for a presumption on a Rule 11 violation when the same issue is repeatedly relitigated.

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Amendment Number
605
Description
Amendment imposes sanctions for the destruction of relevant documents in a pending Federal court proceeding; contains provisions for setting standards for a court's determination that certain court records should be sealed; and includes provisions for a presumption on a Rule 11 violation when the same issue is repeatedly relitigated.
Purpose
An amendment numbered 1 printed in House Report 109-253 to include provisions imposing sanctions for the destruction of relevant documents in a pending Federal court proceeding; provisions for setting standards for a court's determination that certain court records should be sealed; and provisions providing for a presumption of a Rule 11 violation when the same issue is repeatedly relitigated. It also includes a clarification that makes clear that, in the anti-forum shopping provisions, if there is no State court in the county in which the injury occurred, the case can be brought in the nearest county where a court of general jurisdiction is located. The manager's amendment also makes clear that it does not affect personal injury claims that Federal bankruptcy law requires be heard in a Federal bankruptcy court.
Congress
109
Type
HAMDT
Latest Action Date
Oct 27, 2005
Latest Action Text
On agreeing to the Smith (TX) amendment (A001) Agreed to by voice vote.
Latest Action Time
14:33:32
Submitted Date
Oct 27, 2005
Chamber
House of Representatives
Update Date
Nov 15, 2019
Amendment 605 — Informed