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Rule 11 of the Federal Rules of Civil Procedure imposes a threshold prefiling investigation that, while appearing straightforward, might leave doubt about what satisfies the requisite inquiry. Under Rule 11, there is an affirmative duty to investigate both as to law and as to fact before a complaint is filed.
SUPERIOR COURT CIVIL RULES (CR) CR 11 - SIGNING AND DRAFTING OF PLEADINGS, MOTIONS, AND LEGAL. MEMORANDA; 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.
All Affidavits must be notarized in all circumstances, as the notary is witnessing the signature of the individual who is swearing under penalty of perjury.
Rule 11(b) requires attorneys to make reasonable inquires to determine that their pleadings motions, and other papers presented to the court are ?not being presented for any improper purpose, such as to harass, cause unnecessary , or needlessly increase the cost of litigation;? that their ?claims, defenses, and other ...
The term ?to the best of my knowledge and belief? is used in affidavits and court documents to indicate that statements being made are not knowingly false. Assuming your client signs a document under ?knowledge and belief?, does he have a duty to verify the truth or accuracy of his statements?
A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty.