Certification/Sanctions

Question 1

When does Rule 11 (Representations to court/Sanctions) apply?

Answer 1

-To discovery motions or responses? NO
-To oral arguments? NO
-Every pleading, written motion, and other paper: YES

Question 2

Rule 11 Requirements

Answer 2

1. Signature Requirements
2. Reasonable Inquiry requirements
3. Sanctions (could be against party, lawyer, and/or firm)

Question 3

What are the signature requirements?

Answer 3

What documents must be signed? All written ones
Who must sign? The attorneys

Certifies:
- Reasonable inquiry
- Proper motivation
- Soundness of legal arguments
- Basis for factual allegations
- Basis for their denials

Question 4

What are the reasonable inquiry requirements?

Answer 4

a) proper motivation (not to harass, delay, or cost other side money
b) nonfrivolous legal arguments made
c) facts have evidentiary basis or could post-discovery
d) denials are reasonably warranted

Question 5

Dos Rule 11 require bad faith?

Answer 5

NO