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Rule 11 of the Federal Rules of Civil Procedure imposes a threshold prefiling investigation that, while appearing straightforward, might leave doubt about what satisfies the requisite inquiry. Under Rule 11, there is an affirmative duty to investigate both as to law and as to fact before a complaint is filed.
The purpose of the disclosure requirements of this Rule 26.1 is to ensure that all parties are fairly informed of the facts, legal theories, witnesses, documents, and other information relevant to the action. (2) Scope.
Unless a specific rule states otherwise, an opposing party must file any responsive memorandum within 10 days after the motion and supporting memorandum are served; and, within 5 days after a responsive memorandum is served, the moving party may file a reply memorandum, which may address only those matters raised in ...
(1) Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. (2) Procedure. All such motions, however denominated, must be submitted without oral argument and without the filing of a responsive or reply memorandum, unless the court orders otherwise.
Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it. A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent. This hearing is granted when there is substantial evidence of mental incompetence.
In Arizona, a Rule 11 hearing is a court proceeding where the judge determines whether the criminal defendant is mentally competent enough to stand trial. Defendants are incompetent if they are unable to understand the court proceedings or cannot assist in their own defense.
After the close of evidence on either side, and on motion or on its own, the court must enter a judgment of acquittal on any offense charged in an indictment, information, or complaint if there is no substantial evidence to support a conviction.