Helix BBQ: Civil Procedure-Rule 11 Certification with Explanations

Which of the following is NOT certified by a pleading’s signature, per Rule 11?

C.The claims in the pleading are more likely than not to be successful.

Solution: The correct answer is C.

Answer option C is correct. Rule 11 provides that the signature on a pleading certifies that: the pleading is not intended for an improper purpose; the pleading is not frivolous; the facts are supported by the evidence; and any denials of facts are warranted by the evidence.

What sanctions can be imposed for violations of Rule 11’s certification requirements?

B.Monetary or nonmonetary sanctions against the signatory attorney and the attorney’s firm.

Solution: The correct answer is B.

Answer option B is correct. If an attorney violates Rule 11, the trial judge has discretion to impose sanctions against the attorney as well as the attorney’s law firm. Absent exceptional circumstances, if an attorney is sanctioned, the attorney’s law firm will be sanctioned as well. Sanctions are limited to what the court deems necessary to deter repetition of the violation and can be monetary or nonmonetary.

Which of the following is NOT a requirement for valid Rule 11 certification of a pleading?

B.An attorney may not sign a pleading unless there is evidentiary support for all factual contentions.

Solution: The correct answer is B.

Answer option B is correct. If evidentiary support for factual contentions is lacking, the attorney may still sign the pleading but must specifically state that evidence supporting the client’s claim likely will be obtained after a reasonable opportunity for further investigation or discovery.

An inappropriate reason to file a pleading, such as harassment, unnecessary delay, or needless increase in litigation costs, in violation of Rule 11 is considered a:

A. Improper purpose

Solution: The correct answer is A.

Answer option C is correct. An inappropriate reason to file a pleading, such as harassment, unnecessary delay, or needless increase in litigation costs, in violation of Rule 11