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 Georgia, the legal framework acknowledges the presumption that lawsuits are filed in good faith. To impose sanctions for abuse of the judicial process, the moving party must demonstrate that the opposing party's claim was not only groundless but also filed in bad faith or for harassment purposes. Georgia's sanctions rules, similar to Federal Rule of Civil Procedure 11, require that attorneys and parties conduct a reasonable investigation into the facts and applicable laws before filing claims. This means that while a claim may not succeed, it is not necessarily sanctionable unless it lacks any basis in fact or law and is filed with improper motives. Contempt of court in Georgia is an offense that occurs when an individual disobeys or shows disrespect towards the court's authority. This can include behaviors that disrupt the court's proceedings or disregard its orders. Contempt can result in civil or criminal penalties, depending on the nature of the contemptuous act and the discretion of the court.