rule 11 Flashcards
representations to the court:
Representations to the Court.
By presenting to the court a pleading, written motion, or other paper—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:
it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
the claims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying,
or reversing existing law or for establishing new law
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
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
signing requirement
the pleading must be signed by the attorney representing the party, or by the party themselves. The signer’s address, email address, and telephone number. Unless stated otherwise, there need not be an affadavit
sanctions:
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but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets
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)
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
