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

Part III: Pleadings and Motions · Last amended 2006 · Last verified July 16, 2026

In one sentenceRule 15-6-11 requires every pleading, motion, and paper to be signed by an attorney or an unrepresented party, treats that signature as a certification that the filing is not for an improper purpose and is legally and factually supported, and authorizes sanctions against anyone who violates that certification.

Full Text of Rule 15-6-11

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

(a) Signature required. 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 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 rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken 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 § 15-6-11(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 § 15-6-11(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 § 15-6-11(b). It shall be served as provided in § 15-6-5, 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 § 15-6-11(b) and directing an attorney, law firm, or party to show cause why it has not violated § 15-6-11(b) with respect thereto.
(2) Nature of Sanctions; 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 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 § 15-6-11(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. Sections 15-6-11(a) through 15-6-11(c) do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of §§ 15-6-26 through 15-6-37.
(e) Appeal to Supreme Court — Award of attorneys’ fees and costs on appeal. The Supreme Court shall consider all appeals pursuant to § 15-6-11(a) through § 15-6-11(d) without any presumption of the correctness of the trial court’s findings of fact and conclusions of law. Reasonable attorneys’ fees and costs shall be awarded to the successful party on appeal.
End

Plain-English Summary

Rule 15-6-11 makes the act of signing a filing carry real weight. Subdivision (a) requires every pleading, written motion, and other paper to be signed by at least one attorney of record, or by the party personally if unrepresented, with an address and phone number included. An unsigned paper is struck unless the omission is corrected promptly once it is flagged. Subdivision (b) then spells out what that signature certifies: that the filing is not presented for an improper purpose such as harassment or needless delay, that the legal contentions are warranted by existing law or a nonfrivolous argument to change it, that the factual contentions have or will likely have evidentiary support, and that any denials of fact are similarly warranted or reasonably based on a lack of information.

Subdivision (c) lets the court impose sanctions on an attorney, firm, or party who violates that certification, after notice and a chance to respond. Sanctions can be sought by motion — which must describe the specific conduct, be served separately from other requests, and give the other side 21 days to withdraw or correct the challenged filing before it can be presented to the court — or the court can raise the issue on its own by ordering a party to show cause. Subdivision (c) also limits what a sanction can be: it must be no more than what deters repetition, monetary sanctions cannot be imposed against a represented party for a violation tied to the legal-contentions certification, and monetary sanctions on the court’s own initiative require the show-cause order to issue before any voluntary dismissal or settlement.

The remaining subdivisions narrow the rule’s reach and address appeals. Subdivision (d) makes clear that this rule’s certification and sanctions regime does not apply to discovery disclosures, requests, responses, objections, and motions, which are governed instead by Rules 15-6-26 through 15-6-37. Subdivision (e) requires the Supreme Court to review any appeal of a sanctions ruling without presuming the trial court’s findings correct, and it requires an award of attorney’s fees and costs to the successful party on that appeal.

Frequently Asked Questions

Who has to sign a pleading or motion filed in South Dakota?

Rule 15-6-11(a) requires at least one attorney of record to sign, or the party personally if unrepresented, along with an address and phone number. An unsigned paper is struck unless the omission is corrected promptly after it is flagged.

What does signing a court filing certify under this rule?

Rule 15-6-11(b) treats the signature as certifying that the filing is not for an improper purpose, that its legal contentions are warranted by existing law or a nonfrivolous argument to change it, and that its factual contentions and denials have or will likely have evidentiary support.

How does a party ask the court to impose sanctions under this rule?

Rule 15-6-11(c)(1)(A) requires a separate motion describing the specific conduct, served on the opposing side, who then has 21 days to withdraw or correct the challenged filing before the motion can be filed with or presented to the court.

Can I be sanctioned with money damages just for making a legal argument the court later rejects?

Rule 15-6-11(c)(2)(A) bars monetary sanctions against a represented party specifically for a violation of the certification that legal contentions are warranted by existing law or a nonfrivolous argument to change it.

Does this rule apply to discovery disputes?

No. Rule 15-6-11(d) states that the certification and sanctions provisions in subsections (a) through (c) do not apply to disclosures and discovery requests, responses, objections, and motions, which are governed by Rules 15-6-26 through 15-6-37 instead.

Amendment History

(a)SDC 1939 & Supp 1960, § 33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, § 1; 2001, ch 296 (Supreme Court Rule 01-04); 2006, ch 279 (Supreme Court Rule 06-05).
(b)SDC 1939 & Supp 1960, § 33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, § 1; 2001 ch 297 (Supreme Court Rule 01-05); 2006, ch 280 (Supreme Court Rule 06-06).
(c)SDC 1939 & Supp 1960, § 33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, § 1; 2006, ch 281 (Supreme Court Rule 06-07).
(d)SDC 1939 & Supp 1960, § 33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, § 1; 2006, ch 282 (Supreme Court Rule 06-08).
(e)SL 2006, ch 283 (Supreme Court Rule 06-09).
Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source
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