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Rule 26. Signing Pleadings, Motions, and Other Documents; Representations to the Court; Sanctio...

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part II. Pleadings and Motions (Refs & Annos)
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 26
Formerly cited as AZ ST RFLP Rule 31
Rule 26. Signing Pleadings, Motions, and Other Documents; Representations to the Court; Sanctions
(a) Signature.
(1) Generally. Every pleading, written motion, and other document filed with the court or served must be signed by at least one attorney of record in the attorney's name, or by a party personally if the party is self-represented. The court must strike an unsigned document unless the omission is promptly corrected after being called to the filer's attention.
(2) Electronic Filings. A person may sign an electronically filed document by placing the symbol “/s/” on the signature line above the person's name. An electronic signature has the same force and effect as a signature on a document that is not filed electronically. The court may treat a document that was filed using a person's electronic filing registration information as a filing that was made or authorized by that person.
(3) Signing for Another Party. A person filing a document containing more than one place for a signature, such as a stipulation, may sign on behalf of another party only if the person has actual authority to do so. The person may indicate such authority either by attaching a document confirming that authority and containing the signatures of the other persons who have authority to consent for such parties, or, after obtaining a party's consent, by inserting “/s/ [the other party's or person's name] with permission” as any non-filing party's signature.
(b) Representations to the Court. By signing a pleading, motion, or other document, the attorney or party certifies that to the best of the person's knowledge, information, and belief formed after reasonable inquiry:
(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 non-frivolous 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) Generally. If a pleading, motion, or other document is signed in violation of this rule, the court--on motion or on its own--may impose on 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 document, including a reasonable attorney fee.
(2) Consultation. Before filing a motion for sanctions under this rule, the moving party must:
(A) attempt to resolve the matter by good faith consultation as provided in Rule 9(c); and
(B) if the matter is not satisfactorily resolved by consultation, provide the opposing party with written notice of the specific conduct that allegedly violates section (b). If the opposing party does not withdraw or appropriately correct the alleged violation(s) within 10 days after the written notice is served, the moving party may file a motion under subpart (c)(3).
(3) Motion for Sanctions. A motion for sanctions under this rule must:
(A) be made separately from any other motion;
(B) describe the specific conduct that allegedly violates section (b);
(C) be accompanied by a Rule 9(c) good faith consultation certificate; and
(D) attach a copy of the written notice provided to the opposing party under subpart (c)(2)(B).

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 26, AZ ST RFLP Rule 26
Current with amendments received through 08/15/2020.
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