Rule 1023.4. Sanctions.
(a)(1) A sanction imposed for violation of Rule 1023.1 shall be limited to that which is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated.
(2) Subject to the limitations in subdivision (b), the sanction may consist of, or include,
(i) directives of a nonmonetary nature, including the striking of the offensive litigation document or portion of the litigation document,
(ii) an order to pay a penalty into court, or,
(iii) if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys’ fees and other expenses incurred as a direct result of the violation.
(3) Except in exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates and employees.
(b)(1) Monetary sanctions may not be awarded against a represented party for violation of Rule 1023.1(c)(2).
(2) Monetary sanctions may not be awarded on the court’s initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.
(c) When imposing sanctions, the court shall describe the conduct determined to be a violation of Rule 1023.1 and explain the basis for the sanction imposed.
Source The provisions of this Rule 1023.4 adopted April 22, 2002, effective July 1, 2002, 32 Pa.B. 2315.
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