FEDERAL RULES OF CIVIL PROCEDURE
Articles III-Rule 11

FEDERAL RULES OF CIVIL PROCEDURE

ARTICLE III-PLEADINGS AND MOTIONS

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

(a) Signature.

Every pleading, written motion, and other paper shall be signed by at least
one attorney of record in the attorney's individual name, or, if the party is
not represented by an attorney, shall be signed by the party. Each paper
shall state the signer's address and telephone number, if any. Except when
otherwise specifically provided by rule or statute, pleadings need not be
verified or accompanied by affidavit. An unsigned paper shall be stricken
unless omission of the signature is corrected promptly after being called to
the attention of attorney or party.

(b) Representations to Court.

By presenting to the court (whether by signing, filing, submitting, or later
advocating) a pleading, written motion, or other paper, an attorney or
unrepresented party is certifying 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 or
to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted
by existing law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support
or, if specifically so identified, are likely to 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 a lack of information or
belief.

(c) Sanctions.

If, after notice and a reasonable opportunity to respond, the court
determines that subdivision (b) has been violated, the court may, subject to
the conditions stated below, impose an appropriate sanction upon the
attorneys, law firms, or parties that have violated subdivision (b) or are
responsible for the violation.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this rule shall be made
separately from other motions or requests and shall describe the specific
conduct alleged to violate subdivision (b). It shall be served as provided in
Rule 5 , but shall not be filed with or presented to the court unless, within 21
days after service of the motion (or such other period as the court may
prescribe), the challenged paper, claim, defense, contention, allegation, or
denial is not withdrawn or appropriately corrected. If warranted, the court
may award to the party prevailing on the motion the reasonable expenses
and attorney's fees incurred in presenting or opposing the motion. Absent
exceptional circumstances, a law firm shall be held jointly responsible for
violations committed by its partners, associates, and employees.

(B) On Court's Initiative. On its own initiative, the court may enter an order
describing the specific conduct that appears to violate subdivision (b) and
directing an attorney, law firm, or party to show cause why it has not
violated subdivision (b) with respect thereto.

(2) Nature of Sanction; Limitations. A sanction imposed for violation of this
rule shall be limited to what is sufficient to deter repetition of such conduct
or comparable conduct by others similarly situated. Subject to the
limitations in subparagraphs (A) and (B), the sanction may consist of, or
include, directives of a nonmonetary nature, 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 some or all of the reasonable
attorneys' fees and other expenses incurred as a direct result of the
violation.

(A) Monetary sanctions may not be awarded against a represented party for
a violation of subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the court's initiative unless
the court issues its order to show cause before a voluntary dismissal or
settlement of the claims made by or against the party which is, or whose
attorneys are, to be sanctioned.

(3) Order. When imposing sanctions, the court shall describe the conduct
determined to constitute a violation of this rule and explain the basis for the
sanction imposed.

(d) Inapplicability to Discovery.

Subdivisions (a) through (c) of this rule do not apply to disclosures and
discovery requests, responses, objections, and motions that are subject to
the provisions of Rules 26 through 37 .

Federal Rules of Civil Procedure Articles III  Rule 11. Signing of Pleadings, Motions, and Other Papers;
Representations to Court; Sanctions-Notes

 

Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules
Federal Civil Procedure-Volume-56-Table of Contents   
Articles III PLEADINGS AND MOTIONS-Table of Contents-Links To LII

Federal Rules of Civil Procedure Articles III Rule 11. Signing of Pleadings, Motions, and Other Papers;
Representations to Court; Sanctions