Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's nameβor by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.
By presenting to the court a pleading, written motion, or other paperβwhether by signing, filing, submitting, or later advocating itβan attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11 b has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation.
Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11 b. The motion must be served under Rule 5 , but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.
If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11 b.
A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation. The court must not impose a monetary sanction:.
