Rule 11.Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 11 requires every paper to be signed and, by that signature, certifies it isn’t filed for an improper purpose and is grounded in law and fact — backed by sanctions and a 21-day safe harbor.

Full Text of Rule 11

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

(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, email address, and telephone number, if any. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper 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 pleading, written motion, or other paper -- whether by signing, filing, submitting, or later advocating it -- an attorney or unrepresented party certifies 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 warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing 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 discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or lack of information.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible 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 must not be filed or be presented 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 fees, incurred 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 conduct 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 fees and other expenses directly resulting from the violation.

(5) Limitations on Monetary Sanctions. The court must not impose 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 settlement 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 motions under Rules 26 through 37.

(e) Limited Scope Representation. An attorney may help to draft a pleading, motion, or document filed by an otherwise self-represented person, and the attorney need not sign that pleading, motion, or document. The attorney in providing such drafting assistance may rely on the otherwise self-represented person’s representation of facts, unless the attorney has reason to believe that such representations are false or materially insufficient, in which instance the attorney shall make an independent reasonable inquiry into the facts.

End

Plain-English Summary

Rule 11 is the integrity rule for court filings. Every pleading, motion, and paper must be signed by an attorney of record or by an unrepresented party, with contact information; the court strikes unsigned papers that aren’t promptly fixed.

The signature is a certification. By presenting a paper, the signer certifies — after an inquiry reasonable under the circumstances — that it is not being presented for an improper purpose (such as harassment or delay), that the legal contentions are warranted by existing law or a nonfrivolous argument to change it, and that the factual contentions have evidentiary support (or likely will, if so identified).

Sanctions, with a safe harbor. A court may sanction violations, but a party seeking sanctions must follow the 21-day safe harbor: serve the motion first and give the other side 21 days to withdraw or fix the offending paper; only if they don’t may the motion be filed. Sanctions are limited to what is needed to deter, with special limits on monetary sanctions. Rule 11 does not apply to discovery (governed by Rules 26–37), and a lawyer who merely helps a self-represented person draft a document need not sign it.

Frequently Asked Questions

What does signing a court paper certify under Rule 11?

That, after a reasonable inquiry, the paper is not filed for an improper purpose, the legal contentions are warranted by law (or a nonfrivolous argument to change it), and the factual contentions have or will likely have evidentiary support.

What is the Rule 11 “safe harbor”?

Before filing a motion for sanctions, you must serve it and give the other side 21 days to withdraw or correct the challenged paper. If they do, the motion may not be filed.

Does Rule 11 apply to discovery?

No. Disclosures and discovery requests, responses, objections, and motions are governed by Rules 26 through 37 instead.

Can a lawyer help draft a document without signing it?

Yes. Under Rule 11(e), an attorney may help a self-represented person draft a pleading, motion, or document without signing it.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: sanctionssigning pleadingssafe harborfrivolous