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

Last amended October 28, 2019 · Last verified July 3, 2026

In one sentenceRule 11 requires every pleading and motion to be signed, certifies that the signer investigated the filing in good faith, and lets the court impose sanctions for a violation after notice and a chance to respond.

Full Text of Rule 11

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

(a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party. Documents filed through JEFS or JIMS shall be signed as provided by Rule 5 of the Hawai‘i Electronic Filing and Service Rules. Any document prepared by an attorney for an unrepresented party shall comply with Rule 11.1(c) of these Rules. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken by the clerk unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.

(b) Representations to court. By presenting 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) of this Rule 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) of this Rule 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) of this Rule. It shall be served as provided in Rule 5 of these Rules, 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) of this Rule and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) of this Rule 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) of this Rule, the sanction may consist of, or include, directives of a nonmonetary 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) of this Rule.

(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 of these Rules.

End

Amendment History

Amended July 26, 1990, effective September 1, 1990

further amended December 7, 1999, effective January 1, 2000

further amended September 17, 2019, effective September 17, 2019

further amended October 31, 2019, effective nunc pro tunc October 28, 2019

Plain-English Summary

Rule 11 requires every pleading, written motion, and other paper to be signed, by at least one attorney of record, or by the party if unrepresented, and it treats that signature, filing, or later advocacy as a certification. The signer represents that, after a reasonable inquiry, the filing isn't presented for an improper purpose like harassment or delay, that its legal contentions are warranted by existing law or a nonfrivolous argument to change it, and that its factual assertions and denials have or are likely to have evidentiary support.

When the court finds a violation after notice and a chance to respond, it may sanction the responsible attorneys, firms, or parties. A sanctions motion must be made separately, describe the violation, and go through a 21-day safe-harbor period before it can be filed, giving the other side a chance to withdraw or correct the challenged filing; the court can also raise the issue on its own initiative. Any sanction is limited to what deters repetition, monetary sanctions against a represented party are off the table for a violation of the legal-contentions certification, and Rule 11 does not reach discovery disclosures, requests, responses, or motions, which Rules 26 through 37 govern instead.

Frequently Asked Questions

What does signing a pleading or motion certify under Rule 11?

That after a reasonable inquiry, the filing isn't presented for an improper purpose, its legal contentions are warranted by existing law or a nonfrivolous argument to change it, and its factual assertions and denials have or are likely to have evidentiary support.

What is the "safe harbor" period before a Rule 11 sanctions motion can be filed?

Rule 11(c)(1)(A) requires the motion to be served on the other side first and gives them 21 days, or another period the court sets, to withdraw or correct the challenged filing before the motion can be filed with the court.

Does Rule 11 apply to discovery motions and responses?

No. Rule 11(d) excludes disclosures and discovery requests, responses, objections, and motions, which are instead governed by Rules 26 through 37.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 11). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: Rule 11 sanctionscertification of pleadingssigning pleadings and motionssafe harbor before sanctions motion