Officiële Toelichting

P-11A A party should not make a claim, defense, motion, or other initiative or response that is not reasonably arguable in law and fact. In appropriate circumstances, failure to conform to this requirement may be declared an abuse of the court's process and subject the party responsible to cost sanctions and fines. The obligation of good faith, however, does not preclude a party from making a reasonable effort to extend an existing concept based on difference of circumstances. In appropriate circumstances, frivolous or vexatious claims or defenses may be considered an imposition on the court and may be subjected to default or dismissal of the case, as well as cost sanctions and fines.

P-11B Principle 11.3 requires the parties to make detailed statements of facts in their pleadings, in contrast with ‘notice pleading’ permitted under the Federal Rules of Civil Procedure in the United States. The requirement of ‘sufficient specification’ ordinarily would be met by identification of principal documents constituting the basis of a claim or defense and by concisely summarizing expected relevant testimony of identified witnesses. See Principle 16.

P-11C Failure to dispute a substantial contention by an opposing party ordinarily may be treated as an admission. See also Principle 21.3.

P-11D It is a universal rule that the lawyer has professional and ethical responsibilities for fair dealing with all parties, their lawyers, witnesses, and the court.