This text of Fed. R. Civ. P. 11 (Signing Pleadings, Motions, and Other Papers; Represen- tations to the Court; Sanctions) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Text
(a)SIGNATURE. Every pleading, written motion, and other paper
must be signed by at least one attorney of record in the attorney’s
name—or by a party personally if the party is unrepresented. The
paper must state the signer’s address, e-mail address, and tele-
phone number. Unless a rule or statute specifically states other-
wise, a pleading need not be verified or accompanied by an affida-
vit. The court must strike an unsigned paper unless the omission
is promptly corrected after being called to the attorney’s or par-
ty’s attention.
(b)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 unrep-
resented party certifies that to the best of the person’s knowledge,
Free access — add to your briefcase to read the full text and ask questions with AI
(a) SIGNATURE. Every pleading, written motion, and other paper
must be signed by at least one attorney of record in the attorney’s
name—or by a party personally if the party is unrepresented. The
paper must state the signer’s address, e-mail address, and tele-
phone number. Unless a rule or statute specifically states other-
wise, a pleading need not be verified or accompanied by an affida-
vit. The court must strike an unsigned paper unless the omission
is promptly corrected after being called to the attorney’s or par-
ty’s attention.
(b) 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 unrep-
resented party certifies that to the best of the person’s knowledge,
information, and belief, formed after an inquiry reasonable under
the circumstances:
(1) it is not being presented for any improper purpose, such
as to harass, cause unnecessary delay, or needlessly increase
the cost of litigation;
(2) the claims, defenses, and other legal contentions are war-
ranted by existing law or by a nonfrivolous argument for ex-
tending, modifying, or reversing existing law or for establish-
ing new law;
(3) the factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary support
after a reasonable opportunity for further investigation or dis-
covery; and
(4) 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.
(c) SANCTIONS.
(1) In General. If, after notice and a reasonable opportunity
to respond, the court determines that Rule 11(b) has been vio-
lated, the court may impose an appropriate sanction on any
attorney, law firm, or party that violated the rule or is re-
sponsible for the violation. Absent exceptional circumstances,
a law firm must be held jointly responsible for a violation
committed by its partner, associate, or employee.
(2) 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 pre-
sented 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. If warranted, the court may award to the prevailing
party the reasonable expenses, including attorney’s fees, in-
curred for the motion.
(3) 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).
(4) Nature of a Sanction. A sanction imposed under this rule
must be limited to what suffices to deter repetition of the con-
duct 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.
(5) Limitations on Monetary Sanctions. The court must not im-
pose a monetary sanction:
(A) against a represented party for violating Rule
11(b)(2); or
(B) on its own, unless it issued the show-cause order
under Rule 11(c)(3) before voluntary dismissal or settle-
ment of the claims made by or against the party that is,
or whose attorneys are, to be sanctioned.
(6) Requirements for an Order. An order imposing a sanction
must describe the sanctioned conduct and explain the basis for
the sanction.
(d) INAPPLICABILITY TO DISCOVERY. This rule does not apply to
disclosures and discovery requests, responses, objections, and mo-
tions under Rules 26 through 37.
(As amended Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 2, 1987, eff. Aug.
1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007.)