How many days must a party provide to withdraw or correct matters before filing a Rule 11 motion?

Under Federal Rule of Civil Procedure 11, if a party believes that another party has violated the rule—typically by filing a frivolous or baseless pleading, motion, or paper—they must first give the offending party a chance to correct or withdraw the problematic content. Specifically, the party must provide a "safe harbor" period of 21 days. This means that the party accused of the violation has 21 days from the receipt of the notice to remedy the issue before the motion can be filed in court.

This procedure encourages parties to resolve issues without court intervention and prevents unnecessary litigation resources from being expended on motions that could be resolved through communication. Failing to allow for this 21-day notice requirement can lead to the dismissal of a Rule 11 motion. Therefore, the 21-day period is essential for adhering to the correct procedural steps established by Rule 11.