Courts generally presume that a lawsuit has been filed in good faith, and a party moving for sanctions against the party who filed a lawsuit or claim must overcome this presumption to prove abuse of the judicial process. Thus, courts distinguish between (1) claims that are ultimately found to be merely groundless (and thus not sanctionable) and (2) claims that are ultimately found to be both groundless and brought in bad faith or for the purpose of harassment (and thus sanctionable). The sanctions rules generally do not require a party or its attorney to be right; they require the party or its attorney to make a reasonable inquiry into the facts and the laws related to the claims.
Contempt of court is broadly defined as disobedience to or disrespect of a court by acting in opposition to its authority. Contempt of court may be punished by the court with civil and criminal sanctions or penalties.
In Arkansas, as in other jurisdictions, there is a legal presumption that lawsuits are filed in good faith. For a party to secure sanctions against another party for filing a lawsuit, they must demonstrate that the lawsuit constitutes an abuse of the judicial process. This involves showing that the claim was not only groundless but also filed in bad faith or for purposes of harassment, which would make it sanctionable. Arkansas courts require that attorneys and parties conduct a reasonable investigation into the facts and applicable law before filing claims, as per the standards set by sanctions rules. These rules do not demand that a party or its attorney be correct in their legal position, but rather that they have made a reasonable effort to ensure the legitimacy of their claims. Contempt of court in Arkansas encompasses acts of disobedience or disrespect towards the court's authority, and can result in civil or criminal penalties. The court has the discretion to impose sanctions for contempt, which serves to uphold the integrity of the judicial system.