Templates 1. Serve a safe harbor letter giving the opposing party 21 days to withdraw the frivolous motion or claim. (do not file until day 22) 2. Motion for sanctions compensatory fees, coercive fees, Surety/compliance Bonds
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1. Serve a Safe Harbor Letter (21-Day Rule under Fla. Stat. § 57.105 or Fed. R. Civ. P. 11(c)(2))
A Safe Harbor Letter is a formal notice served on the opposing party (but not filed with the court) warning them that a motion for sanctions will be filed if a frivolous claim, motion, or legal position is not withdrawn within 21 days.
Purpose: To comply with the procedural requirement under Florida Statute § 57.105(4) or Federal Rule of Civil Procedure 11(c)(2), which allows a party to avoid sanctions by withdrawing improper filings before court intervention.
Procedure: You must serve the letter and proposed motion for sanctions privately on the opposing party, and only file the motion on Day 22 if they fail to withdraw or correct the offending document.
2. Motion for Sanctions (Compensatory Fees, Coercive Fees, Surety/Compliance Bonds)
A Motion for Sanctions asks the court to penalize a party for bad faith litigation practices, including filing frivolous motions, violating court orders, or abusing the discovery process. Common requests include:
Compensatory Attorney's Fees: Reimbursement for legal costs directly caused by the opposing party’s misconduct.
Coercive Sanctions: Financial penalties or orders designed to force future compliance (e.g., daily fines until compliance).
Surety or Compliance Bonds: A request for the court to require the opposing party to post a monetary bond to ensure compliance with future orders or deter further violations—often used when a party has a pattern of noncompliance or evasiveness.
These sanctions may be requested under:
§ 57.105, Fla. Stat. (frivolous claims)
Florida Family Law Rule 12.285, 12.380, or
Court’s Inherent Authority to curb litigation abuse or enforce orders.
⚖️ Legal Disclaimer
This publication is provided strictly for educational and informational purposes. The author is not an attorney, and this guide does not constitute legal advice, legal representation, or the creation of an attorney-client relationship.