W.R.C.P.Ch.C. 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, telephone number, and attorney number, if any.

Unless a rule or statute specifically states otherwise, a pleading need not be

verified or accompanied by an affidavit. The chancery 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 Chancery Court. By presenting to the chancery

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 chancery 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contention, or denial is withdrawn or appropriately corrected within 14 days

after service or within another time the chancery 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 Chancery Court’s Initiative. On its own, the chancery 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 chancery 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.