Also known as: Federal Rule of Civil Procedure 11 · Rule 11 · Fed. R. Civ. P. 11 · FRCP Rule 11 · Rule 11 sanctions
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule that requires an attorney or unrepresented party to certify after reasonable inquiry that any pleading, motion, or other paper is not presented for an improper purpose, has legal and factual support, and contains only warranted denials of factual contentions. Violation may lead to sanctions after notice and opportunity to respond.
Francois Fortier sued Fairview Manufacturing in federal court over a disputed contract. His attorney filed an answer denying receipt of any warning letters from the engineer without reviewing project emails or texts and without labeling the denial as based on belief or lack of information. The court determined that the flat denial lacked evidentiary support. It imposed sanctions on the attorney after providing notice and an opportunity to respond.
Frederick Ferguson, a defendant in state court, filed a notice of removal in federal district court asserting diversity jurisdiction. His attorney signed the notice without reviewing the citizenship of the parties or the amount in controversy. The court determined that the jurisdictional allegations lacked evidentiary support after reasonable inquiry. It imposed sanctions on the attorney after providing notice and an opportunity to respond.
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The attorney must conduct a reasonable inquiry to ensure the denial is warranted on the evidence or, if it cannot be confirmed, must specifically identify the denial as based on belief or lack of information.
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Yes. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
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A motion for sanctions must be made separately, served on the opposing party, and may not be filed with the court until 21 days after service to allow the challenged paper to be withdrawn or corrected.
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Yes. The court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated the rule.
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Yes. The notice must be signed pursuant to Rule 11 and must contain a short and plain statement of the grounds for removal together with copies of all process, pleadings, and orders served on the defendant.
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