Rule 11 Flashcards
Rule 11 representations to the court
all papers served in litigation MUST be signed by an attorney of record (or by the party if unrepresented)
NOTE: Rule 11 does NOT apply to discovery or discovery motions
certification of papers
when presenting the papers to the court, the party certifies the following:
1. it is not being presented for any improper purpose,
2. the legal contentions are warranted and non-frivolous,
3. the factual contentions have evidentiary support or likely will after discovery, AND
4. denials of factual contentions are warranted OR reasonably based on lack of information
Rule 11 sanctions imposed
the court may issue sanctions (by motions or on its own) for failure to comply with Rule 11
nature of sanctions imposed
are w/in the discretion of the court, and can be:
1. non-monetary directives,
2. pay a penalty, or
3. pay reasonable attorney’s fees/expenses resulting from the violation
liability for sanctions
- generally, a lawfirm is jointly responsible for a violation by its partner, associate, or employee
- monetary sanctions CANNOT be issued against a client for an unwarranted claim/defense/legal contention made by their attorney
procedure for filing a Rule 11 sanctions motion
a party CANNOT file a rule 11 motion w/ the court WITHOUT first:
1. serving the motion on the offending party, AND
2. giving the opponent 21 days to withdraw or correct the paper/pleading