Rule 11.Signing of pleadings, motions and other papers: Representations to court, sanctions

Ch. III: Pleadings and Motions · Last amended 2018 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 11 makes a signature a certification that the paper is not filed to harass, that its law is warranted and its facts have support — and backs it with sanctions, subject to a 21-day safe harbour.

Full Text of Rule 11

Text sizeJump to: (a) (b) (c) (d)

(a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by statute or rule, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless it is corrected promptly after the omission of the signature is called to the attention of the attorney or party.

(b) Representations to Court. By representing to the Court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying 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 or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation 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. If, after notice and a reasonable opportunity to respond, the Court determines that subdivision (b) has been violated, the Court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the Court unless, within 21 days after service of the motion (or such other period as the Court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the Court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.

(B) On Court's Initiative. On its own initiative, the Court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b).

(2) Nature of Sanction: Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, 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 some or all of the reasonable attorney's fees and other expenses incurred as a direct result of the violation.

(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the Court's initiative unless the Court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.

(3) Order. When imposing sanctions, the Court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanctions imposed.

(d) Inapplicability to Discovery. Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 26 through 37.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Amended effective September 3, 1996; December 1, 2018.]

Plain-English Summary

The signature. Every pleading, motion and other paper is signed by at least one attorney of record in their own name, or by the party if unrepresented, with an address and telephone number.

What signing certifies. By presenting a paper — signing it, filing it, submitting it, or later advocating it — the signer certifies, to the best of their knowledge, information and belief after an inquiry reasonable in the circumstances, four things: that it is not presented for an improper purpose such as harassment, delay or needless cost; that its legal contentions are warranted by existing law or by a nonfrivolous argument to change it; that its factual contentions have evidentiary support, or are identified as likely to have it after further investigation; and that its denials are warranted on the evidence, or are identified as reasonably based on a lack of information.

The safe harbour. A motion for sanctions is made separately from any other motion, describes the specific conduct complained of, and is served but NOT filed unless the offending paper is withdrawn or corrected within 21 days. That window is the heart of the rule: it makes the motion a warning first and a weapon second.

The sanction. Limited to what suffices to deter repetition by the person sanctioned or others similarly situated. Monetary sanctions may not be awarded against a represented party for a purely legal violation, nor on the court's own initiative unless the show-cause order issued before the case settled or was voluntarily dismissed. When it sanctions, the court must describe the conduct and explain the basis.

Not discovery. None of this applies to discovery requests, responses, objections or motions, which are governed by Rules 26 through 37 and have their own sanctions.

Frequently Asked Questions

What am I promising when I sign a court paper in Delaware?

That after a reasonable inquiry you believe it is not presented for an improper purpose, its legal contentions are warranted, its factual contentions have evidentiary support or are identified as needing further investigation, and its denials are warranted on the evidence.

What is the 21-day safe harbour?

A sanctions motion must be served but not filed with the court unless, within 21 days, the challenged paper is withdrawn or appropriately corrected.

Can I be fined personally for my lawyer's argument?

Monetary sanctions may not be awarded against a represented party for a violation of the certification that the legal contentions are warranted.

Does Rule 11 apply to discovery?

No. It does not apply to disclosures, discovery requests, responses, objections or motions, which are subject to Rules 26 through 37.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 11), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: Rule 11 sanctions Delaware Family Court21 day safe harbour Delawaresigning pleadings DelawareFam. Ct. Civ. R. 11