N.D. R. Civ. P. 11

As amended through March 18, 2024

Rule 11 - Signing of Pleadings, Motions and Other Papers; Representations to Court; Sanctions

(a) Signature.

(1) In General. Every pleading, written motion, and other paper 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 paper must state the signer's address, electronic mail address for electronic service, and telephone number. If the signer is an attorney, the paper must contain the attorney's State Board of Law Examiners identification number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

(2) Notarization Not Required. Unless specifically required by court rule, a document filed with the court in a civil action is not required to be notarized. When any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, subscribed by the maker as true under penalty of perjury, and dated, in substantially the form set out at N.D.C.C. § 31-15-05.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper, whether by signing, filing, submitting, or later advocating it, an attorney or self-represented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(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 nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or 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 are reasonably based on belief or a lack of information.

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion, brief, and other supporting papers must be served under Rule 5, but must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. The respondent must have 10 days after a motion for sanctions is filed to serve and file an answer brief and other supporting papers. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3) On the Court's Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(d) Inapplicability to Discovery. This rule does not apply to disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37.

N.D. R. Civ. P. 11

Joint Procedure Committee Minutes of January 12, 2023, page 3; September 29, 2022, pages 15-16; April 26, 2019, pages 8-10; September 29-30, 2016, pages 20-22; September 24-25, 2015, pages 2-11; April 23-24, 2015, pages 16-25; January 29-30, 2015, page 22; April 25-26, 2013, page 16; September 24-25, 2009, pages 13-14; January 24, 2008, pages 2-7; October 11-12, 2007, pages 20-26; September 28-29, 1995, pages 2-3; April 27-28, 1995, pages 3-4; January 26-27, 1995, pages 8-10; September 29-30, 1994, pages 24-26; April 20, 1989, page 2; December 3, 1987, page 11; April 26, 1984, pages 25-26; January 20, 1984, pages 16-18; September 20-21, 1979, page 7; Rule 11, FRCivP.

EXPLANATORY NOTE

Rule 11 was amended, effective 3/1/1986; 3/1/1990; 3/1/1996; 3/1/1997; 8/1/2001; 3/1/2009; 3/1/2011; 3/1/2014; 8/1/2016; 3/1/2018; 9/15/2019; 3/1/2024.

Rule 11 governs to the extent Rule 11 and Rule 3.2, N.D.R.Ct., conflict. Rule 11 was revised, effective3/1/1996, in response to the 1993 revision of Rule 11, Fed.R.Civ.P. North Dakota's rule differs from the federal rule in the following respects: 1) North Dakota's rule requires attorneys to cite their State Board of Law Examiners identification number when signing papers; and 2) North Dakota's rule does not require allegations or denials to be specifically identified when immediate evidentiary support is lacking. Subdivision (a) was amended, effective3/1/2014, to specify that the e-mail address required in documents signed by an attorney or party is the signer's e-mail address for electronic service. Subdivision (a) was amended, effective 3/1/2018 to state that notarization is not generally required for documents filed in civil actions and to provide a method for using unsworn statements made under a penalty of perjury. Subdivision (a) was amended effective 9/15/2019, to remove language specifying the form of an unsworn declaration. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration. Former subdivision (e), which dealt with limited representation, was transferred to N.D.R.Ct. 11.9, effective 3/1/2024. Rule 11 was amended, effective3/1/2011, in response to the12/1/2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. ch. 31-15; §§ 28-26-01, 28-26-31.

N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers); N.D.R.Ct. 11.1 (Nonresident Attorneys); N.D.R.Ct. 11.9 (Limited Representation.