Rule 11 – Signing of Pleadings, Motions, and Other Papers; Sanctions.

May 14, 2021 | Domestic Relations, Family Law, Rhode Island

In accordance with Art. X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, every pleading, written motion, and other paper of a party represented by an attorney shall be personally signed by at least one (1) attorney of record in the attorney’s individual name and shall state the attorney’s address, email address, bar number, and telephone number. An attorney, however, need not sign answers to interrogatories or objections to requests for admission which have been signed by a party. A self-represented litigant shall personally sign the pleading, motion, or other paper and state the self-represented litigant’s address, email address (if electing to utilize the EFS), and telephone number.

A pleading which seeks a divorce, a divorce from bed and board, or separate maintenance shall be verified by the party seeking such relief. In all other actions, pleadings need not be verified or accompanied by an affidavit unless otherwise specifically required by rule or statute. The signature of an attorney, self-represented litigant, or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer’s knowledge, information, and belief formed after reasonable inquiry the pleading, motion, or other paper is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that pleading, motion, or other paper is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, unless signed promptly after the omission is called to the attention of the pleader or movant, or is signed with intent to defeat the purpose of this rule, the pleading, motion, or other paper shall be stricken. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, may impose upon the person who signed pleading, motion, or other paper, a represented party, or both, any 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 other paper, including a reasonable attorney’s fee.

R.I. Fam. Ct. R. Dom. Rel. P. 11