§ 5.5.4 REASONABLY GROUNDED IN FACT AND LAW

JurisdictionArizona

§ 5.5.4 Reasonably Grounded In Fact and Law

Rule 11 places a "moral obligation" upon the attorney to satisfy himself or herself that there are good grounds for the action or defense. Boone v. Superior Court, 145 Ariz. 235, 241, 700 P.2d 1335, 1341 (1985). A party or attorney violates the rule by filing a paper when he or she knew, or should have known by investigating the facts and law, that a claim or defense was insubstantial, groundless, frivolous, or otherwise unjustified. Id. The amendment to Rule 11 expands on what was previously a more general requirement that after "reasonable inquiry," the lawyer certified that the pleading, motion...

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