D.C. Super. Ct. Dom. Rel. R. 11

Court; Sanctions

(a) SIGNATURE. Every pleading, written motion, and other paper must be signed by at

least one attorney of record in the attorney's name—or by a party personally if the party

is unrepresented. The paper must state the signer’s address, e-mail address, and

telephone number. If the filing is submitted through the court’s authorized eFiling

program, Rule 5(d)(4)(B)(ii) and (iii) will govern the signing of any electronic filing. A

name affixed by a rubber stamp will not be deemed a signature. 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.

(b) REPRESENTATIONS TO THE COURT. By presenting to the court a pleading,

written motion, or other paper, including an electronic filing—whether by signing, filing,

submitting, or later advocating it—an 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:

(1) it is not being presented for any improper purpose, such as to harass, cause

unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or

by a nonfrivolous argument for extending, modifying, or reversing existing law or for

establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will

likely have evidentiary support after a reasonable opportunity for further investigation or

discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically

so identified, are reasonably based on belief or a lack of information.

(c) SANCTIONS.

(1) In General. 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.

(2) Motion for Sanctions. 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.

(3) On the Court’s Initiative. 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).

(4) Nature of a Sanction. 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.

(5) Limitations on Monetary Sanctions. The court must not impose a monetary

sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before

voluntary dismissal or settlement of the claims made by or against the party that is, or

whose attorneys are, to be sanctioned.

(6) Requirements for an Order. An order imposing a sanction must describe the

sanctioned conduct and explain the basis for the sanction.

(d) INAPPLICABILITY TO DISCOVERY. This rule does not apply to disclosures and

discovery requests, responses, objections, and motions under Rules 26 through 37.