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§ 2011.Signing of Pleadings

Chapter 39: Oklahoma Pleading Code · Last amended November 1, 2022 · Last verified August 3, 2026

In one sentenceSection 2011 requires every pleading, motion, and paper to be signed, treats that signature as certifying the filing isn't frivolous and has evidentiary and legal support, and authorizes sanctions, through a 21-day safe-harbor motion or the court's own initiative, for violations.

Full Text of § 2011

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A. SIGNATURE. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the individual name of the attorney, whose Oklahoma Bar Association identification number shall be stated, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the address of the signer and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless the omission of the signature is corrected promptly after being called to the attention of the attorney or party.
B. REPRESENTATIONS TO COURT. By presenting 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 or frivolous 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 subsection B of this section has been violated, the court shall, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subsection B of this section 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 subsection B of this section. It shall be served as provided in Section 2005 of this title, but shall not be filed with or presented to the court unless, within twenty-one (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 attorneys 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 subsection B of this section and directing an attorney, law firm, or party to show cause why it has not violated subsection B of this section with respect thereto.
2. NATURE OF SANCTIONS; LIMITATIONS. A sanction imposed for violation of this section 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, b and c of this paragraph, the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys fees and other expenses incurred as a direct result of the violation.
a. Monetary sanctions shall not be awarded against a represented party for a violation of paragraph 2 of subsection B of this section.
b. Monetary sanctions shall 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.
c. Monetary sanctions shall be awarded for any violations of paragraph 1 of subsection B of this section. The sanctions shall consist of an order directing payment of reasonable costs, including attorney fees, incurred by the movant with respect to the conduct for which the sanctions are imposed. In addition, the court may impose any other sanctions authorized by this paragraph.
3. ORDER. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this section and explain the basis for the sanction imposed.
D. INAPPLICABILITY TO DISCOVERY. This section does not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Sections 3226 through 3237 of this title.
E. DEFINITION. As used in this section, "frivolous" means the action or pleading was knowingly asserted in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law.

Amendment History

Amended by Laws 2022, c. 224, s. 2, eff. 11/1/2022. Amended by Laws 2013, c. 4 s. 3, eff. 9/10/2013. Added by Laws 1984, SB 147, c. 164, § 11, eff. 11/1/1984; Amended by Laws 1985, HB 1408, c. 277, § 8, eff. 11/1/1985; Amended by Laws 1987, SB 183, c. 78, § 4, eff. 11/1/1987; Amended by Laws 1994, SB 1076, c. 343, §11, eff. 9/1/1994; Amended by Laws 2004, HB 2661, c. 368, §10, eff. 11/1/2004; Amended by Laws 2009, HB 1603, c. 228, §14, eff. 11/1/2004.

Note

Laws 2009, c. 228, § 14 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex. Sess., c. 4, § 1, emerg. eff. Sept. 10, 2013.

Plain-English Summary

This is Oklahoma's version of FRCP 11. Every pleading, written motion, and other paper must carry the signature of at least one attorney of record, with an Oklahoma Bar number, or, for an unrepresented party, the party's own signature, along with an address and phone number; an unsigned paper gets struck unless the omission is corrected promptly. By signing, filing, or later advocating a paper, the attorney or party certifies, after reasonable inquiry, that it isn't presented for an improper purpose like harassment or delay, that its legal contentions are warranted by existing law or a nonfrivolous argument to change it, and that its factual assertions and denials have, or will likely have, evidentiary support.

A violation triggers sanctions in one of two ways: a party can move for sanctions, but must serve the motion on the offending side first and wait twenty-one days to give them a chance to withdraw or correct the challenged paper before filing it with the court, a built-in safe harbor. Alternatively, the court can raise the issue on its own by ordering a party to show cause. Sanctions must be no more than necessary to deter repetition, and monetary sanctions come with limits: they can't be imposed against a represented party for an inadequately investigated legal argument, they can't come from the court's own initiative once a claim has already settled or been voluntarily dismissed, and they're mandatory once the court finds a paper was filed for an improper purpose. This section doesn't reach discovery papers, which are governed separately by Sections 3226 through 3237, and it defines "frivolous" as an assertion knowingly made in bad faith or without any rational legal or factual basis.

Frequently Asked Questions

What does signing a pleading certify?

Under subsection B, the signer certifies, after a reasonable inquiry, that the paper isn't for an improper purpose, that its legal arguments are warranted, and that its factual assertions and denials have or will likely have evidentiary support.

Can a court sanction a party immediately for filing something frivolous?

Not if the sanctions motion is party-initiated -- subparagraph a of paragraph 1 of subsection C requires serving the motion and waiting twenty-one days to let the other side withdraw or correct the challenged paper before it can be filed with the court.

Are discovery motions covered by this section's sanctions rule?

No -- subsection D excludes disclosures and discovery requests, responses, objections, and motions, which are governed by Sections 3226 through 3237 instead.

Can a represented client be personally fined for their lawyer's weak legal argument?

No -- subparagraph a of paragraph 2 of subsection C bars monetary sanctions against a represented party for a violation involving the legal contentions in a pleading.

What counts as "frivolous" under this section?

An action or pleading knowingly asserted in bad faith or without any rational argument based in law or fact to support the litigant's position or to change existing law, as defined in subsection E.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: oklahoma rule 11 sanctions12 O.S. § 2011frivolous lawsuit sanctions oklahomaoklahoma FRCP 11 equivalent