4. Pleadings

Question 1

What is the effect of an attorney’s signature on pleadings under “Rule 11”?

Answer 1

Signature answers to truthfulness of pleadings and certifies to the best of their knowledge.

(1) no improper purpose

(2) legal contentions warranted

(4) factual considerations have/will have evidentiary support (post-discovery etc.)

(5) denials of factual contentions are warranted by evidence (or, if stated, reasonable belief of lack of info.)

Question 2

What are the sanctions for Rule 11 violations?

Answer 2

Nonmonetary directives or order to pay penalty to court.

Higher deterrence: order for payment to moving party + reasonable expenses and attorney’s fees due to Rule 11 violation.