He looked at whether lawyers corrected problems after notice
Justice Boddie considered what happened after a problem was identified. Leaving it uncorrected and making the opponent do extra work differed from correcting it promptly. Criticism alone did not justify every penalty.
Preparation point
Show what was corrected and what extra work the problem caused.
How it played outSituation, action, outcome
- The situation
- A party challenged a misleading filing or failure to follow a direction.
- What he did
- He checked notice, the correction, and the work caused for the opponent.
- What made a difference
- Prompt correction and no shown use or harm weighed against contempt.
In his words1 quote
“without explanation or correction even after the issue was raised”
Hilpert v 16 Judge SPV LLC, printed p. 15. His written description of the false citations left uncorrected after notice.
In the cited cases3 rulings
Hilpert left false case citations uncorrected. The cost award covered only the resulting cross-motion.
VOCAL distinguished the uncorrected production chart from withdrawn citations the court had not relied on.
Crestview denied contempt after prompt disclosure of sealed responses. No use of them or harm to the opponent was shown.