Rule 11 – Signing of Pleadings, Motions, or Other Documents

May 14, 2021 | Civil Procedure, Ohio

Every pleading, motion, or other document of a party represented by an attorney shall be signed by at least one attorney of record in the attorney’s individual name, whose address, attorney registration number, telephone number, facsimile number, if any, and business e-mail address, if any, shall be stated. A party who is not represented by an attorney shall sign the pleading, motion, or other document and state the party’s address. A party who is not represented by an attorney may further state a facsimile number or e-mail address for service by electronic means under Civ.R. 5(B)(2)(f). Except when otherwise specifically provided by these rules, pleadings, as defined by Civ.R. 7(A), need not be verified or accompanied by affidavit. The signature of an attorney or pro se party constitutes a certificate by the attorney or party that the attorney or party has read the document; that to the best of the attorney’s or party’s knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a document is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the document had not been served. For a willful violation of this rule, an attorney or pro se party, upon motion of a party or upon the court’s own motion, may be subjected to appropriate action, including an award to the opposing party of expenses and reasonable attorney fees incurred in bringing any motion under this rule. Similar action may be taken if scandalous or indecent matter is inserted.

Ohio. Civ.R. 11

Effective:July 1, 1970; amended effective July 1, 1994,July 1, 1995;July 1, 2001;July 1, 2012.

Staff Note (July 1, 1995 Amendment)

Rule 11. Signing of Pleadings, Motions, or Other Papers

The amendment of this rule that took effect July 1, 1994 contained two errors that the 1995 amendment corrects. First, in the next-to-last sentence, the word “a” was erroneously omitted and is reinserted as the second word of the sentence by this amendment. Second, the last sentence, which was contained in the original version of this rule, was erroneously omitted from the 1994 amendment and is restored with this amendment.

Staff Note (July 1, 2001 Amendment)

Civil Rule 11 Signing of Pleadings, Motions, or Other Documents

The amendments to this rule were part of a group of amendments that were submitted by the Ohio Courts Digital Signatures Task Force to establish minimum standards for the use of information systems, electronic signatures, and electronic filing. The substantive amendment to this rule was the addition of the requirement that an attorney’s telefax number and e-mail address, if any, be on all documents. Also, “document” was substituted for “paper” in the title and in two places in the text, for consistency with other Rules of Civil Procedure.

As part of this electronic filing and signature project, the following rules were amended effective July 1, 2001: Civil Rules 5, 11, and 73; Criminal Rule 12; Juvenile Rule 8; and Appellate Rules 13 and 18. In addition, Rule 26 of the Rules of Superintendence for Courts of Ohio was amended and Rule of Superintendence 27 was added to complement the rules of procedure. Superintendence Rule 27 establishes a process by which minimum standards for information technology are promulgated, and requires that courts submit any local rule involving the use of information technology to a technology standards committee designated by the Supreme Court for approval.

Staff Note (July 1, 2012 Amendment)

Rule 11 has been amended to permit a party who is not represented by an attorney to designate a facsimile number or e-mail address for purposes of service by electronic means.

The amendment also highlights that the term “pleading” as used in the Ohio Rules of Civil Procedure refers to the six specific documents listed in Civ.R. 7(A), and does not refer to other documents filed or served in the action.