In yet another interesting twist, in response to a motion asking for sanctions against lawyers who brought a lawsuit challenging the results of the election in Michigan, some of the lawyers have argued they should not be disciplined because they did not sign the documents they filed in court.
I have not seen the documents in this case, but according to one report, the argument is based on an interpretation of Rule 11 of the Rule of Civil Procedure, the rule upon which the request for sanctions was based, which is fine.
But the problem is that the argument is based on the version of the rule that was abandoned in 1993. Since 1993, the notion of “signature” has been interpreted to mean more than the mere actual act of putting pen to paper.
Law & Crime and Above the Law have very good analysis of the arguments.
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