Bill Text: NC H598 | 2015-2016 | Regular Session | Amended
Bill Title: Revise Rule 11/Allow Cure Before Sanctions
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-28 - Ref To Com On Rules and Operations of the Senate [H598 Detail]
Download: North_Carolina-2015-H598-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 598
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Short Title: Revise Rule 11/Allow Cure Before Sanctions. |
(Public) |
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Sponsors: |
Representatives Bishop, Stam, and Glazier (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Judiciary II. |
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April 9, 2015
A BILL TO BE ENTITLED
AN ACT amending G.S. 1A‑11, rule 11 of the north carolina rules of civil procedure, to provide that an attorney or party receive notice and a reasonable opportunity to cure a violation of the rule before sanctions may BE ordered by the court.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1A‑1, Rule 11(a), reads as rewritten:
"(a) Signing by Attorney. –
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 the
attorney's individual name, whose address shall be stated. A party who is
not represented by an attorney shall sign his the pleading,
motion, or other paper and state his or her address. Except when
otherwise specifically provided by rule or statute, pleadings need not be
verified or accompanied by affidavit. The signature of an attorney or party
constitutes a certificate by him the attorney or party that he or
she has read the pleading, motion, or other paper; that to the best of his
the attorney's or party's knowledge, information, and belief formed
after reasonable inquiry it is well grounded in fact and is warranted by
existing law or a good faith argument for the extension, modification, or
reversal of existing law, and that it is not interposed for any improper
purpose, such as to harass or to cause unnecessary delay or needless increase
in the cost of litigation. If
If a pleading, motion, or other paper is not signed,
it shall be stricken unless it is signed promptly after the omission is called
to the attention of the pleader or movant. If
If a pleading, motion, or other paper is signed in
violation of this rule, the court, upon motion or upon its own initiative,
shall impose upon the person who signed it, a represented party, or both, an
appropriate sanction, which may include an order to pay to the other party or
parties the amount of the reasonable expenses incurred because of the filing of
the pleading, motion, or other paper, including a reasonable attorney's fee.fee,
if after notice and a reasonable opportunity to cure the violation the person
who signed the motion, pleading, or other paper failed to do so."
SECTION 2. This act becomes effective October 1, 2015, and applies to pleadings, motions, and other papers filed on or after that date.
