(a) Application
This sanctions rule applies to any action or proceeding brought under the Family Code.
(b) Definition
For purposes of the rules in this division:
(1) "Sanctions" means a monetary fine or penalty ordered by the court.
(2) "Person" means a party, a party's attorney, a law firm, a witness, or any other individual or entity whose consent is necessary for the disposition of the case.
(c) Sanctions imposed on a person
In addition to any other sanctions permitted by law, the court may order a person, after written notice and an opportunity to be heard, to pay reasonable monetary sanctions to the court or to an aggrieved person, or both, for failure without good cause to comply with the applicable rules. The sanction must not put an unreasonable financial burden on the person ordered to pay.
(d) Notice and procedure
Sanctions must not be imposed under this rule except on a request for order by the person seeking sanctions or on the court's own motion after the court has provided notice and an opportunity to be heard.
(1) A party's request for sanctions must:
(A) State the applicable rule of court that has been violated;
(B) Describe the specific conduct that is alleged to have violated the rule; and
(C) Identify the party, attorney, law firm, witness, or other person against whom sanctions are sought.
(2) The court on its own motion may issue an order to show cause that must:
(A) State the applicable rule of court that has been violated;
(B) Describe the specific conduct that appears to have violated the rule; and
(C) Direct the attorney, law firm, party, witness, or other person to show cause why sanctions should not be imposed for violation of the rule.
(e) Award of expenses
In addition to the sanctions awardable under this rule, the court may order the person who has violated an applicable rule of court to pay to the party aggrieved by the violation that party's reasonable expenses, including reasonable attorney's fees and costs, incurred in connection with the motion or request for order for sanctions.
(f) Order
A court order awarding sanctions must be in writing and must recite in detail the conduct or circumstances justifying the order.
Rule 5.14 adopted effective January 1, 2013.
Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 2, Parties and Joinder of Parties; adopted January 1, 2013.
Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 2, Parties and Joinder of Parties-Article 1, Parties to Proceedings; adopted January 1, 2013.