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Rule 11.Signing of pleadings, motions and other papers; representations to court; sanctions

Current through December 29, 2025 · Last verified July 8, 2026

In one sentenceRule 11 requires every paper to be signed, states what signing certifies, and sets out the sanctions procedure — including a 21-day safe harbour — for a violation.

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 one 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 phone number, if any, and The West Virginia State Bar identification 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 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 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, of 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, Rules of Civil Procedure, 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) with respect thereto.
(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, and order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, and 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 who's attorneys are, to be sanctioned.
(3) Order. When imposing sanction, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.
(d) In applicability to discovery. — Subdivisions (a) through (c) of this rule do not apply to discovery requests, discovery responses, discovery objections, and discovery motions.
End

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.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 11). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
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