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Rule 11.Signing of pleadings, motions, and other papers: Representations to Court, sanctions

Part III: Pleadings and Motions · Last amended January 1, 1995 · Last verified July 28, 2026

In one sentenceRule 11 requires every pleading, motion, and paper to be signed by an attorney or an unrepresented party, makes signing a certification that the filing isn't for an improper purpose and has legal and factual support, and lets the court impose sanctions for violations after notice and a chance to respond.

Full Text of Rule 11

Text sizeJump to: (a) (b) (c) (d)

(a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer’s address and telephone number, if any. Except when otherwise specifically provided by statute or rule, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless it is corrected promptly after the omission of the signature is called to the attention of the attorney or party.
(b) Representations to Court. By representing to the Court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying 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 or to cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to 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 a lack of information or belief.
(c) Sanctions. If, after notice and a reasonable opportunity to respond, the Court determines that subdivision (b) has been violated, the Court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.
(1) How initiated.
(A) By motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the Court unless, within 21 days after service of the motion (or such other period as the Court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the Court may award to the party prevailing on the motion the reasonable expenses and attorney’s fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.
(B) On Court’s initiative. On its own initiative, the Court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.
(2) Nature of sanction: Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a non monetary nature, 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 some or all of the reasonable attorneys’ fees and other expenses incurred as a direct result of the violation.
(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).
(B) Monetary sanctions may not be awarded on the Court’s initiative unless the Court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.
(3) Order. When imposing sanctions, the Court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.
(d) Inapplicability to discovery. Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 26 through 37.
End

Amendment History

Amended, effective Nov. 1, 1984; Nov. 1, 1989; Jan. 1, 1991; Jan. 1, 1995.

Plain-English Summary

Rule 11(a) requires at least one attorney of record to sign every pleading, motion, and other paper in that attorney's own name, or, if the party has no attorney, the party must sign personally. Each paper must state the signer's address and phone number if the signer has one. Pleadings don't need to be verified or accompanied by an affidavit unless a statute or rule specifically requires it. An unsigned paper gets stricken unless it's corrected promptly once the omission is brought to the signer's attention.

Rule 11(b) is the certification at the heart of the rule. By signing, filing, submitting, or later advocating a pleading, motion, or paper, the attorney or unrepresented party certifies -- after an inquiry reasonable under the circumstances -- that the filing isn't presented for an improper purpose like harassment or needless delay; that its legal contentions are warranted by existing law or a nonfrivolous argument to extend, modify, or reverse it; that its factual contentions have evidentiary support, or are likely to after reasonable investigation or discovery; and that its denials of factual contentions are warranted by the evidence or reasonably based on a lack of information.

Rule 11(c) lets the court impose sanctions once it determines, after notice and a reasonable chance to respond, that Rule 11(b) has been violated. Sanctions can be sought by a separate motion describing the specific conduct at issue, but that motion can't be filed unless the challenged paper or contention isn't withdrawn or corrected within 21 days after service (or another period the court sets) -- a built-in safe harbor. The court can also act on its own initiative by ordering a party to show cause. Any sanction is limited to what's needed to deter repetition, monetary sanctions generally can't be imposed on a represented party for a violation tied to legal contentions, and the court must describe the violation and explain the sanction it imposes.

Rule 11(d) makes clear that all of this -- the signing and certification requirements and the sanctions regime -- doesn't apply to disclosures and discovery requests, responses, objections, and motions, which are instead governed by Rules 26 through 37.

Frequently Asked Questions

Who has to sign a pleading or motion in Delaware Superior Court?

Rule 11(a) requires at least one attorney of record to sign in that attorney's individual name, or, if the party has no attorney, the party must sign it directly. The paper must also state the signer's address and phone number if available.

What am I certifying when I sign a pleading under Rule 11?

Rule 11(b) makes signing a certification, after reasonable inquiry, that the filing isn't for an improper purpose, that its legal contentions are warranted by existing law or a nonfrivolous argument to change it, that its factual contentions have or are likely to have evidentiary support, and that its denials are warranted by the evidence or a reasonable lack of information.

Can the other side move for sanctions against me right away?

Not immediately. Rule 11(c)(1)(A) requires the motion to be served first, and it can't be filed with the court unless the challenged paper or contention isn't withdrawn or corrected within 21 days after service, or another period the court sets.

Can I be ordered to pay the other side's attorney's fees as a Rule 11 sanction?

Possibly, but with limits. Rule 11(c)(2) limits any sanction to what's sufficient to deter repetition, and monetary sanctions generally can't be awarded against a represented party for a violation involving unwarranted legal contentions.

Does Rule 11 apply to discovery requests and responses?

No. Rule 11(d) states that the signing, certification, and sanctions provisions of Rule 11 don't apply to disclosures and discovery requests, responses, objections, and motions, which are governed by Rules 26 through 37 instead.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source
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