(a) SIGNATURE. Every petition, pleading, written motion, and
other document—except a list, schedule, or statement, or an
amendment to one of them—must be signed by at least one attor-
ney of record in the attorney’s individual name. A party not rep-
resented by an attorney must sign all documents. Each document
must state the signer’s address and telephone number, if any. The
court must strike an unsigned document unless the omission is
promptly corrected after being called to the attorney’s or party’s
attention.
(b) REPRESENTATIONS TO THE COURT. By presenting to the court
a petition, pleading, written motion, or other document—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 rea-
sonable under the circumstances:
(1) it is not presented for any improper purpose, such as to
harass, cause unnecessary delay, or needlessly increase litiga-
tion costs;
(2) the claims, defenses, and other legal contentions are war-
ranted by existing law or by a nonfrivolous argument to ex-
tend, modify, or reverse existing law, or to establish new law;
(3) the allegations and factual contentions have evidentiary
support—or if specifically so identified, are likely to have evi-
dentiary support after a reasonable opportunity for further in-
vestigation 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.
(1) In General. If, after notice and a reasonable opportunity
to respond, the court determines that (b) has been violated,
the court may, subject to the conditions in this subdivision
(c), impose an appropriate sanction on any attorney, law firm,
or party that committed the violation or is responsible for it.
Absent exceptional circumstances, a law firm must be held
jointly responsible for a violation committed by its partner,
associate, or employee.
(2) By Motion.
(A) In General. A motion for sanctions must be made sep-
arately from any other motion or request, describe the
specific conduct alleged to violate (b), and be served under
Rule 7004.
(B) When to File. The motion for sanctions must not be
filed or presented to the court if the challenged document,
claim, defense, contention, allegation, or denial is with-
drawn or appropriately corrected within 21 days after the
motion was served (or within another period as the court
may order). This limitation does not apply if the conduct
alleged is filing a petition in violation of (b).
(C) Awarding Damages. If warranted, the court may
award to the prevailing party the reasonable expenses and
attorney’s fees incurred in presenting or opposing the mo-
tion.
(3) By the Court. On its own, the court may enter an order de-
scribing the specific conduct that appears to violate (b) and di-
recting an attorney, law firm, or party to show cause why it
has not violated (b).
(4) Nature of a Sanction; Limitations.
(A) In General. A sanction imposed under this rule must
be limited to what suffices to deter repetition of the con-
duct or deter comparable conduct by others similarly situ-
ated. The sanction may include:
(i) a nonmonetary directive;
(ii) an order to pay a penalty into court; or
(iii) if imposed on motion and warranted for effective
deterrence, an order directing payment to the movant
of all or part of the reasonable attorney’s fees and
other expenses directly resulting from the violation.
(B) Limitations on a Monetary Sanction. The court must
not impose a monetary sanction:
(i) against a represented party for violating (b)(2); or
(ii) on its own, unless it issued the show-cause order
under (c)(3) before voluntary dismissal or settlement of
the claims made by or against the party that is, or
whose attorneys are, to be sanctioned.
(5) Content of a Court Order. An order imposing a sanction
must describe the sanctioned conduct and explain the basis for
the sanction.
(d) INAPPLICABILITY TO DISCOVERY. Subdivisions (a)–(c) do not
apply to disclosures and discovery requests, responses, objections,
and motions that are subject to Rules 7026–7037.
(e) VERIFYING A DOCUMENT. A document filed in a bankruptcy
case need not be verified unless these rules provide otherwise.
When these rules require verification, an unsworn declaration
under 28 U.S.C. §
1746 suffices.
(f) COPIES OF SIGNED OR VERIFIED DOCUMENTS. When these rules
require copies of a signed or verified document, if the original is
signed or verified, a copy that conforms to the original suffices.