the parties that were injured by such conduct.
Subject to the limitations in subparagraphs (A)
and (B), the sanction may consist of an order
to pay to the other party or parties the amount
of the reasonable expenses incurred as a direct
result of the filing of the pleading, motion, or
other paper that is the subject of the violation,
including a reasonable attorney’s fee.’’.
(2) APPLICABILITY TO DISCOVERY.—Rule 11 of
the Federal Rules of Civil Procedure is amended by
striking subdivision (d).
SEC. 5. NOTICE REQUIRED BEFORE COMMENCEMENT OF
CIVIL ACTION.
(a) IN GENERAL.—Chapter 99 of title 28, United
States Code is amended by adding at the end the follow-
ing:
§ 1632. Notice required before commencement of civil
action
‘‘(a) DISMISSAL OF CIVIL ACTION.—Except as pro-
vided in subsection (c), the district court in which a civil
action is commenced shall dismiss the action with respect
to a defendant, without prejudice, if—
‘‘(1) not later than 60 days after the action is
commenced, the defendant files a motion to dismiss
the action on the basis that the plaintiff failed to
comply with the requirement specified in subsection
(b); and
‘‘(2) the plaintiff fails to establish that before
commencing the action the plaintiff complied with
such requirement.
‘‘(b) REQUIREMENT.—Not less than 30 days before
commencing a civil action in a district court of the United
States, the plaintiff shall transmit (by 1st class mail, post-
age prepaid, or contract for delivery by any organization
that in its regular course of business physically delivers
correspondence as a commercial service to the public) to
the defendant (at an address reasonably calculated to pro-
vide actual notice to the defendant) a written statement
specifying the particular claims alleged in the action and
the amount of damages claimed in the action.
‘‘(c) EXCEPTIONS.—Subsection (a) shall not apply
with respect to any civil action—
‘‘(1) to seize or forfeit assets subject to forfeit-
ure;
‘‘(2) commenced under title 11;
‘‘(3) commenced to establish a receivership or
conservatorship;
‘‘(4) based on the insolvency of the defendant,
or the need to liquidate assets of the defendant to
satisfy any requirement under Federal law;
‘‘(5) if assets that are subject to the action or
that would satisfy a judgment in the action are like-
ly to be removed, dissipated, or destroyed by the de-
fendant;
‘‘(6) if the defendant is likely to flee;
‘‘(7) if prior written notice of the filing of the
action is required by any other law;
‘‘(8) to enforce a civil investigative demand or
an administrative summons;
‘‘(9) if the action is—
‘‘(A) to foreclose a lien;
‘‘(B) to obtain a temporary restraining
order or preliminary injunction; or
‘‘(C) to prevent the fraudulent conveyance
of property;
‘‘(10) if documents that may be evidence in the
action are likely to be destroyed by the defendant;
or
‘‘(11) if the action involves exigent cir-
cumstances that compel immediate resort to the
court.
‘‘(d) STATUTE OF LIMITATIONS.—
‘‘(1) SUSPENSION BEFORE COMMENCEMENT OF
ACTION.—If the statute of limitations applicable to
a claim would expire in the 30-day period beginning
on the date the plaintiff transmits the notice re-
quired by subsection (b), such statute shall be sus-
pended—
‘‘(A) during that 30-day period; or
‘‘(B) during the 90-day period beginning
on the date the plaintiff so transmits the notice
if, during that 30-day period, the parties to the
action so agree in writing.
‘‘(2) FILING CIVIL ACTION AFTER DISMIS-
SAL.—If—
‘‘(A) a civil action is timely commenced in
a district court with respect to a claim,
‘‘(B) the action is dismissed under sub-
section (a), and
‘‘(C) the statute of limitations applicable to
the claim expires before the expiration of the
60-day period beginning on the date the action
is dismissed,
then the plaintiff in the action may commence a civil
action based on the claim during that 60-day period
notwithstanding the statute of limitations.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 99 of title 28, United
States Code, is amended by adding at the end the follow-
ing:
‘‘1632. Notice required before commencement of civil action.’’.
SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Subject to subsection (b),
this Act and the amendments made by this Act shall take
effect on the first day of the first month beginning more
than 180 days after the date of the enactment of this Act.
(b) APPLICATION OF AMENDMENTS.—
(1) The amendments made by sections 2 and 5
shall apply only with respect to civil actions com-
menced after the effective date of this Act.
(2) The amendments made by section 3 shall
apply only with respect to cases in which a trial be-
gins after the effective date of this Act.
Æ