Tuesday, September 09, 2003
Sanctions for violating Rule 412
Rule 412 of the Federal Rules of Evidence limits the use of evidence about sexual behavior. This post from Out-of-the-Box Lawyer discusses a Ninth Circuit opinion upholding an award of sanctions under the trial court's "inherent power" and 28 U.S.C. § 1927 for both attorneys' fees and emotional distress against the defendant's attorneys (I think) for introducing evidence about the plaintiff in violation of Rule 412 - but the opinion also holds that the misuse of the Rule 412 evidence was not grounds for a mistrial.