Del. Ch. Ct. R. 11

(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.

Unless a rule or statute specifically states otherwise, a

pleading need not be verified or accompanied by 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—

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 violations committed by its

partners, associates, or employees.

(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denial is withdrawn or appropriately corrected within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 some 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.