Civil Rule 11 sanctions

Under Civil Rule 11, a Court has the power to sanction an attorney who improperly signs a document filed with the Court by requiring them to pay reasonable costs and expenses, including attorney fees, incurred by the other party as a result of the improperly signed document.

“The signature . . . of an attorney constitutes a certificate by the . . . attorney that the . . . attorney has read the pleading . . . , and that to the best of the . . . attorney’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances . . . it is not interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.” CR 11(a)(3). “[I]f a pleading . . . is signed in violation of this rule, the court, upon motion . . . , may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or legal memorandum, including a reasonable attorney fee.” Id.

The purpose behind CR 11 is to deter baseless filings and to curb abuses of the judicial system.  Courts employ an objective standard in evaluating an attorney’s conduct, and the appropriate level of pre-filing investigation is tested by inquiring what was reasonable to believe at the time the pleading was submitted.  Practitioners who perceive a possible violation of CR 11 must bring it to the offending party’s attention as soon as possible.  This gives them an opportunity to mitigate the sanction by amending or withdrawing the offending paper, and fulfills the primary purpose of the rule, which is to deter litigation abuses.