§ 5.5.1 RULE 11

• Jurisdiction: Arizona

§ 5.5.1 Rule 11

Rule 11 was substantially amended effective January 1, 2017, as part of a general overhaul of the Rules of Civil Procedure designed in part to conform more closely to the federal Rules. Generally speaking, the substantive standards for awarding sanctions under Rule 11 remain the same under the amended rule, and thus the interpretive cases addressing the earlier version of the Rule will likely have continuing vitality.

Previously, sanctions were addressed in Rule 11(a), which stated:

Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The rule in equity that the averments of an answer under oath must be overcome by the testimony of two witnesses or of one witness sustained by corroborating circumstances is abolished. The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer'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...