Rule 11. Signing of pleadings, motions, affidavits, and
other papers; representations to court; sanctions.
(a) Signature.
(a)(1) Every pleading, written
motion, and other paper shall be signed by at least one attorney of record, or,
if the party is not represented, by the party.
(a)(2) A person may sign a paper
using any form of signature recognized by law as binding. Unless required by
statute, a paper need not be accompanied by affidavit or have a notarized,
verified or acknowledged signature. If a rule requires an affidavit or a
notarized, verified or acknowledged signature, the person may submit a
declaration pursuant to Utah Code Section 78B-5-705. If a statute requires an
affidavit or a notarized, verified or acknowledged signature and the party electronically
files the paper, the signature shall be notarized pursuant to Utah Code Section
46-1-16.
(a)(3) 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 a pleading, written motion, or other paper to the
court (whether by signing, filing, submitting, or advocating), 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,
(b)(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;
(b)(2) the claims, defenses, and other legal
contentions 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;
(b)(3) the allegations and other
factual contentions have evidentiary support or, if specifically so identified,
are likely to have evidentiary support after a reasonable opportunity for
further investigation or discovery; and
(b)(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.
(c)(1) How initiated.
(c)(1)(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, 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 fees incurred in presenting or opposing the motion. In appropriate
circumstances, a law firm may be held jointly responsible for violations
committed by its partners, members, and employees.
(c)(1)(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.
(c)(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, 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 some or all of the reasonable attorney
fees and other expenses incurred as a direct result of the violation.
(c)(2)(A) Monetary sanctions may
not be awarded against a represented party for a violation of subdivision (b)(2).
(c)(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 whose attorneys are, to be sanctioned.
(c)(3) Order. When imposing sanctions, the court shall describe the
conduct determined to constitute a violation of this rule and explain the basis
for the sanction imposed.