Civil procedure

What does an attorney certify when signing a pleading, motion, or other paper under Rule 11(b)?

That to the best of their knowledge, after reasonable inquiry, the filing: (1) is not for an improper purpose, (2) legal contentions are warranted by law or nonfrivolous argument, (3) factual contentions have or will likely have evidentiary support, and (4) denials are warranted by evidence or reasonable belief.

What does Rule 11(a) require regarding signatures?

That every pleading, motion, and paper filed with the court must be signed by at least one attorney of record or the unrepresented party.

What is the Rule 11(c)(2) safe harbor provision?

A party seeking sanctions must serve the motion on the opposing party and allow 21 days to withdraw or correct the challenged filing before filing the motion with the court.

What must a proper Rule 11 motion include?

It must be filed separately from other motions and must describe the specific conduct alleged to violate Rule 11.

When may a court impose Rule 11 sanctions?

When the attorney or party fails to make a reasonable inquiry or files contentions that are legally or factually unwarranted.

What is the purpose of Rule 11 sanctions?

To deter repetition of the same conduct or similar conduct by others similarly situated.

What types of sanctions may be imposed under Rule 11?

Sanctions may include nonmonetary directives, payment of a penalty to the court, or payment of reasonable attorney’s fees and expenses to the opposing party.

When are monetary sanctions appropriate under Rule 11?

When needed to deter misconduct, and the amount must reflect costs directly resulting from the violation.

Can a law firm be sanctioned under Rule 11?

Yes, a law firm is jointly responsible for violations by its lawyers unless there are exceptional circumstances.

Can a represented party be sanctioned for unwarranted legal contentions?

Generally no, unless the party knew or should have known that the claim was legally and factually baseless.