Del. Super. 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) with respect thereto.

(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 non monetary 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 attorneys’ 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 sanction 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.