Rule 11.Signing of pleadings, motions and other papers; representations to court; sanctions
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 11
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
Every pleading, motion and other paper must be signed by at least one attorney of record in their own name, or by the party if unrepresented, with the signer's address, phone number and state bar identification number where they exist. Pleadings need not be verified or accompanied by affidavit unless a rule or statute says so. An unsigned paper is stricken unless the omission is corrected promptly after being pointed out.
Presenting a paper — by signing, filing, submitting or later advocating it — certifies four things to the best of the person's knowledge, information and belief after a reasonable inquiry: that it is not presented for an improper purpose such as harassment, delay or needless cost; that the legal contentions are warranted by existing law or by a nonfrivolous argument to change it; that the factual contentions have evidentiary support, or are identified as likely to have it after further investigation or discovery; and that denials are warranted on the evidence, or are identified as reasonably based on a lack of information or belief.
Sanctions require notice and a reasonable opportunity to respond. A motion for them must be made separately from other motions and describe the specific conduct, and it is served but not filed unless the offending paper or contention is not withdrawn or corrected within 21 days of service — the safe harbour. The court may award the prevailing party the reasonable expenses and fees of the motion, and absent exceptional circumstances a law firm is jointly responsible for its people's violations. The court may also act on its own initiative by an order to show cause.
A sanction is limited to what suffices to deter repetition by this person or others similarly situated, and may be nonmonetary directives, a penalty paid into court, or — on motion and where warranted for effective deterrence — payment of the movant's reasonable fees and expenses caused by the violation. Monetary sanctions may not be awarded against a represented party for a legal-contention violation, nor on the court's own initiative unless the show-cause order issued before a voluntary dismissal or settlement. Any sanction order must describe the conduct and explain the basis. None of subdivisions (a) to (c) applies to discovery requests, responses, objections or motions.
Frequently Asked Questions
What does signing a paper certify?
That, after a reasonable inquiry, it is not presented for an improper purpose; the legal contentions are warranted by existing law or a nonfrivolous argument to change it; the factual contentions have evidentiary support or are identified as likely to; and denials are warranted on the evidence or identified as based on a lack of information or belief.
What is the 21-day safe harbour?
A sanctions motion is served but must not be filed with or presented to the court unless the challenged paper, claim, defense, contention, allegation or denial is not withdrawn or appropriately corrected within 21 days after service — or such other period as the court prescribes.
Can a represented party be fined for a bad legal argument?
No. Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2), the legal-contentions certification.
Is a law firm responsible for its lawyers' violations?
Absent exceptional circumstances, yes — a law firm is held jointly responsible for violations committed by its partners, associates and employees.
Does Rule 11 apply to discovery?
No. Subdivisions (a) through (c) do not apply to discovery requests, responses, objections or motions.