Rule 1.090.Sanctions
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 1.090
Plain-English Summary
The rule has two gears. The first is narrow and needs no finding about a party's state of mind: for failure to file a pleading or other document in the manner, the form, or the time required by the UTCR or an SLR, the court may strike it. The word is may, so striking is an option rather than an automatic consequence, but it is available for an ordinary formatting or timing failure.
The second gear is reserved for willful and prejudicial resistance or refusal to comply with the UTCR or SLR. The court may act on its own motion or on a party's, and only after an opportunity for a hearing. The rule then lists what the court may do. It may assess reasonable costs, expenses, and attorney fees incurred by a party, an attorney, or the court against the noncompliant party or attorney or both. It may otherwise award those costs, expenses, and fees. It may strike the offending pleading or document. And it may treat an allegation or claim as established. That last one is the sharpest tool in the rule, because it decides an issue rather than a filing.
Two neighboring rules soften the edges. UTCR 1.050(3) stops a court from sanctioning a party over a local practice the court never put in its SLR, unless the court first gave a reasonable chance to cure. And UTCR 1.100 lets a judge relieve a party from a rule on good cause shown where relief is necessary to prevent hardship or injustice, which is the better move to make before a deadline than after.
Frequently Asked Questions
What happens if I file a document in the wrong format?
The court may strike it. That applies to a failure of manner, form, or time under either the statewide rules or the district's local rules. Striking is discretionary, and a prompt corrected filing is the usual answer, but do not count on the defect going unnoticed.
Can I be ordered to pay the other side's attorney fees for breaking a court rule?
Yes, but only for willful and prejudicial resistance or refusal to comply. In that situation the court may assess reasonable costs, expenses, and attorney fees incurred by a party, an attorney, or the court against the noncompliant party or attorney or both. A single missed formatting requirement is not what this part of the rule is aimed at.
Does the court have to hold a hearing before sanctioning me?
For the sanctions in subsection (2) the court acts after opportunity for a hearing, whether it moves on its own or a party asks. The rule does not attach that condition to striking a document under subsection (1) for a defect of manner, form, or time.
Can the judge impose a sanction without either party asking?
Yes. The rule lets the court act on its own motion or on the motion of a party, still subject to the willfulness standard and the opportunity for a hearing.
Can a court decide an issue against me as a sanction?
It can. Among the responses to willful and prejudicial noncompliance, the court may treat an allegation or claim as established. That takes the contested point off the table rather than striking a piece of paper, which is why the rule surrounds it with the willfulness finding and the hearing.