Del. Fam. Ct. Civ. R. 11

(a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of

record in the attorney’s individual name, or, if the party is not represented by an attorney,

shall be signed by the party. Each paper shall state the signer’s address and telephone

number, if any. Except when otherwise specifically provided by statute or rule, pleadings

need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless

it is corrected promptly after the omission of the signature is called to the attention of the

attorney or party.

(b) Representations to Court. By representing to the Court (whether by signing, filing,

submitting, or later advocating) a pleading, written motion, or other paper, 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—

(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;

(2) the claims, defenses, and other legal contentions therein 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;

(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

(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.

(1) How Initiated.

(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’s fees incurred in presenting or opposing the motion. Absent

exceptional circumstances, a law firm shall be held jointly responsible for violations

committed by its partners, associates, and employees.

(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).

(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’s fees

and other expenses incurred as a direct result of the violation.

(A) Monetary sanctions may not be awarded against a represented party for a violation of

subdivision (b)(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.

(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 sanctions imposed.

(d) Inapplicability to discovery. Subdivisions (a) through (c) of this rule do not apply to

disclosures and discovery requests, responses, objections, and motions that are subject to the

provisions of Rules 26 through 37.