Do I have to sign all my documents?
Every document filed with the court and sent to the opposing counsel must be signed and contain the signer’s name and address. Your signature certifies:

• that you have read the document;

• that to the best of your knowledge, information and belief there is good ground to support the document; and

• that the filing of the document is not intended to delay any proceedings.

What happens if I don't sign my documents?
If a document is not signed, or if it is signed with a dishonest purpose, it may be stricken as false and the case may proceed as if the document was never filed. If you willfully violate this rule, you may be subjected to a penalty, which might include a court order that you pay the opposing party’s expenses and reasonable attorney fees related to the filing of the document. You can also be sanctioned if scandalous or indecent matter is included in the document.

Rule 11 is important for anyone filing a document with a court, and it is meant to assure that both parties file with the court only documents that are proper. In almost every court action, one side prevails and the other does not. The losing side is not automatically subject to court sanctions for losing, but the winning side is not immune from sanctions under Rule 11.

What if Rule 11 is not followed?
You cannot file a complaint based only on a claimed violation of Rule 11, but the court must hold a hearing to determine whether Rule 11 has been violated and, if so, what the penalty should be. The trial court has the authority to impose sanctions based on Rule 11, including an award of reasonable attorney fees. You cannot defend yourself by saying that you relied upon the advice of an attorney when filing your claim or asserting your defense, when you are now representing yourself.

In addition, if a court finds that a party has been harmed by another party’s frivolous conduct, the court can award court costs, reasonable attorney fees and other reasonable expenses related to the pending court case. (Ohio Revised Code Section 2323.51) Frivolous conduct is something:

• done only to harass or injure another party in the case or for another improper purpose, including causing unnecessary delay or needlessly increasing the cost of litigation;

• not warranted under existing law, can’t be supported by a good faith argument or an extension, modification, reversal of existing law or the establishment of new law;

• that consists of allegations that have no evidence to support them or are not likely to have support after further investigation; or

• that consists of denials that aren’t supported by the evidence or aren’t reasonably based on a lack of information or belief.

This content was created by the Ohio State Bar Foundation's 2006 Fellows Class - Keys to the Courtroom Project.