Failure to comply with Rule 11 can result in sanction.

Failure to comply with Rule 11 can result in sanction.

• A. No sanction
• B. Monetary penalty
• C. Sanctions
• D. Dismissal

Answer: (C)

Rule 11 creates a duty for attorneys to sign pleadings and certify, after reasonable inquiry, that the claims have factual and legal support and are not being presented for improper purposes. When that certification is violated, the court has power to impose sanctions to deter and remedy the misconduct. Those sanctions aren’t limited to one form; they can take several shapes, including monetary payment of opposing counsel’s reasonable fees and other expenses, or nonmonetary measures, and in extreme cases may affect the pleadings themselves or the course of the case. Because Rule 11 sanctions cover a range of possible responses to improper filings, the correct understanding is that sanctions, in general, are available as a remedy. The other options are too narrow: a single monetary penalty or dismissal alone don’t capture the full range of consequences Rule 11 can authorize, and saying there is no sanction ignores the rule’s purpose to deter improper filings.

Rule 11 creates a duty for attorneys to sign pleadings and certify, after reasonable inquiry, that the claims have factual and legal support and are not being presented for improper purposes. When that certification is violated, the court has power to impose sanctions to deter and remedy the misconduct. Those sanctions aren’t limited to one form; they can take several shapes, including monetary payment of opposing counsel’s reasonable fees and other expenses, or nonmonetary measures, and in extreme cases may affect the pleadings themselves or the course of the case. Because Rule 11 sanctions cover a range of possible responses to improper filings, the correct understanding is that sanctions, in general, are available as a remedy. The other options are too narrow: a single monetary penalty or dismissal alone don’t capture the full range of consequences Rule 11 can authorize, and saying there is no sanction ignores the rule’s purpose to deter improper filings.