Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to Court; Sanctions

Contents

(a) SIGNATURE

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. If the filing is submitted through the Court’s authorized eFiling program, Rule 5(d)(5)(B)(ii) and (iii) will govern the signing of any electronic filing. A name affixed by a rubber stamp will not be deemed a signature. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.

(b) REPRESENTATIONS TO THE COURT

By presenting to the court a pleading, written motion, or other paper, including an electronic filing—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1)it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2)the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3)the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4)the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

(c) SANCTIONS

(1)In General

If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2)Motion for Sanctions

A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed with or presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3)On the Court's Initiative

On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4)Nature of a Sanction

A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include, nonmonetary directives, an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation.

(5)Limitations on Monetary Sanctions

The court must not impose a monetary sanction:
(A)against a represented party for violating Rule 11(b)(2); or
(B)on its own, unless it issued the show–cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(6)Requirements for an Order

An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

(d) INAPPLICABILITY TO DISCOVERY

This rule does not apply to disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37.

Comments

COMMENT TO 2017 AMENDMENTS

Rule 11 has been amended consistent with the 2007 stylistic changes to Federal Rule of Civil Procedure 11. Two provisions that are unique to the Superior Court rule are retained, including language related to the court’s eFiling program and a provision explicitly prohibiting use of a rubber stamp.

COMMENT

This rule is identical to Federal Rule of Civil Procedure 11. This Rule also makes clear that a signature affixed by a rubber stamp is not sufficient.