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CR 11 Signing of pleadings, motions, and other papers; sanctions

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
III Pleadings and Motions
CR 11. Signing of Pleadings, Motions, and Other Papers; Sanctions
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 11
CR 11 Signing of pleadings, motions, and other papers; sanctions
Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address. Except when otherwise specifically provided by Rule or statute, pleadings need not be verified or accompanied by affidavit. The rule in equity that the averments of an answer under oath must be overcome by the testimony of two witnesses or of one witness sustained by corroborating circumstances is abolished. The signature of an attorney or party constitutes a certification by him that he has read the pleading, motion or other paper; that to the best of his 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. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper 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 pleading, motion, or other paper, including a reasonable attorney's fee. The Court shall postpone ruling on any Rule 11 motions filed in the litigation until after entry of a final judgment.

Credits

HISTORY: Amended by Order 89-1, eff. 8-28-89; prior amendments eff. 1-1-84, 4-1-63; adopted eff. 7-1-53
Rules Civ. Proc., Rule 11, KY ST RCP Rule 11
Current with amendments received through August 1, 2020.
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