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RAP 11 Obligation of counsel and self-represented party; frivolous filings

Baldwin's Kentucky Revised Statutes AnnotatedRules of Appellate ProcedureEffective: January 1, 2023

Baldwin's Kentucky Revised Statutes Annotated
Rules of Appellate Procedure
Article III. General Provisions Applicable to Appeals
Effective: January 1, 2023
Kentucky Rules of Appellate Procedure Rule 11
RAP 11 Obligation of counsel and self-represented party; frivolous filings
(A) Obligation of Counsel and Self-Represented Parties.
(1) Every filing of a party represented by an attorney shall be signed by at least one attorney of record in that attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's filing and state the party's address. The signature of an attorney or party constitutes a certification that the signatory has read the filing, that to the best of the signatory's knowledge, information, and belief formed after reasonable inquiry it 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 it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
(2) If a filing is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the filer. If a filing is signed in violation of this rule, the court, upon motion or upon its own initiative, shall 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 unsigned document.
(B) Frivolous Filings. An appeal or motion is frivolous if the court finds that it is so totally lacking in merit that it appears to have been taken in bad faith. If an appellate court determines that an appeal or appellate filing is frivolous, it may impose an appropriate sanction, including but not limited to:
(1) Striking of filings or briefs or portions thereof;
(2) A dismissal of the appeal or denial of the motion;
(3) Awarding just monetary sanctions and single or double costs to the opposing party;
(4) Imposition of fines on counsel of not more than $1,000; and
(5) Such further remedies as are specified in any applicable rule.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 11, KY ST RAP Rule 11
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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