{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2011","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2011","heading":"Signing of pleadings","body":"SIGNING OF PLEADINGS\n\nA. SIGNATURE. Every pleading, written motion, and other paper\n\nshall be signed by at least one attorney of record in the individual\n\nname of the attorney, whose Oklahoma Bar Association identification\n\nnumber shall be stated, or, if the party is not represented by an\n\nattorney, shall be signed by the party. Each paper shall state the\n\naddress of the signer and telephone number, if any. Except when\n\notherwise specifically provided by rule or statute, pleadings need\n\nnot be verified or accompanied by affidavit. An unsigned paper\n\nshall be stricken unless the omission of the signature is corrected\n\npromptly after being called to the attention of the attorney or\n\nparty.\n\nB. REPRESENTATIONS TO COURT. By presenting to the court,\n\nwhether by signing, filing, submitting, or later advocating, a\n\npleading, written motion, or other paper, an attorney or\n\nunrepresented party is certifying that to the best of the person's\n\nknowledge, information, and belief, formed after an inquiry\n\nreasonable under the circumstances:\n\n1. It is not being presented for any improper or frivolous\n\npurpose, such as to harass or to cause unnecessary delay or needless\n\nincrease in the cost of litigation;\n\n2. The claims, defenses and other legal contentions therein are\n\nwarranted by existing law or by a nonfrivolous argument for the\n\nextension, modification, or reversal of existing law or the\n\nestablishment of new law;\n\n3. The allegations and other factual contentions have\n\nevidentiary support or, if specifically so identified, are likely to\n\nhave evidentiary support after a reasonable opportunity for further\n\ninvestigation or discovery; and\n\n4. The denials of factual contentions are warranted on the\n\nevidence or, if specifically so identified, are reasonably based on\n\na lack of information or belief.\n\nC. SANCTIONS. If, after notice and a reasonable opportunity to\n\nrespond, the court determines that subsection B of this section has\n\nbeen violated, the court shall, subject to the conditions stated\n\nbelow, impose an appropriate sanction upon the attorneys, law firms,\n\nor parties that have violated subsection B of this section or are\n\nresponsible for the violation.\n\n1. HOW INITIATED.\n\na. By Motion. A motion for sanctions under this rule\n\nshall be made separately from other motions or\n\nrequests and shall describe the specific conduct\n\nalleged to violate subsection B of this section. It\n\nshall be served as provided in Section 2005 of this\n\ntitle, but shall not be filed with or presented to the\n\ncourt unless, within twenty-one (21) days after\n\nservice of the motion or such other period as the\n\ncourt may prescribe, the challenged paper, claim,\n\ndefense, contention, allegation, or denial is not\n\nwithdrawn or appropriately corrected. If warranted,\n\nthe court may award to the party prevailing on the\n\nmotion the reasonable expenses and attorneys fees\n\nincurred in presenting or opposing the motion. Absent\n\nexceptional circumstances, a law firm shall be held\n\njointly responsible for violations committed by its\n\npartners, associates, and employees.\n\nb. On Court's Initiative. On its own initiative, the\n\ncourt may enter an order describing the specific\n\nconduct that appears to violate subsection B of this\n\nsection and directing an attorney, law firm, or party\n\nto show cause why it has not violated subsection B of\n\nthis section with respect thereto.\n\n2. NATURE OF SANCTIONS; LIMITATIONS. A sanction imposed for\n\nviolation of this section shall be limited to what is sufficient to\n\ndeter repetition of such conduct or comparable conduct by others\n\nsimilarly situated. Subject to the limitations in subparagraphs a,\n\nb and c of this paragraph, the sanction may consist of, or include,\n\ndirectives of a nonmonetary nature, an order to pay a penalty into\n\ncourt, or, if warranted for effective deterrence, an order directing\n\npayment to the movant of some or all of the reasonable attorneys\nrepetition of such conduct or comparable conduct by others\n\nsimilarly situated. Subject to the limitations in subparagraphs a,\n\nb and c of this paragraph, the sanction may consist of, or include,\n\ndirectives of a nonmonetary nature, an order to pay a penalty into\n\ncourt, or, if warranted for effective deterrence, an order directing\n\npayment to the movant of some or all of the reasonable attorneys\n\nfees and other expenses incurred as a direct result of the\n\nviolation.\n\na. Monetary sanctions shall not be awarded against a\n\nrepresented party for a violation of paragraph 2 of\n\nsubsection B of this section.\n\nb. Monetary sanctions shall not be awarded on the court's\n\ninitiative unless the court issues its order to show\n\ncause before a voluntary dismissal or settlement of\n\nthe claims made by or against the party which is, or\n\nwhose attorneys are, to be sanctioned.\n\nc. Monetary sanctions shall be awarded for any violations\n\nof paragraph 1 of subsection B of this section. The\n\nsanctions shall consist of an order directing payment\n\nof reasonable costs, including attorney fees, incurred\n\nby the movant with respect to the conduct for which\n\nthe sanctions are imposed. In addition, the court may\n\nimpose any other sanctions authorized by this\n\nparagraph.\n\n3. ORDER. When imposing sanctions, the court shall describe\n\nthe conduct determined to constitute a violation of this section and\n\nexplain the basis for the sanction imposed.\n\nD. INAPPLICABILITY TO DISCOVERY. This section does not apply\n\nto disclosures and discovery requests, responses, objections, and\n\nmotions that are subject to the provisions of Sections 3226 through\n\n3237 of this title.\n\nE. DEFINITION. As used in this section, \"frivolous\" means the\n\naction or pleading was knowingly asserted in bad faith or without\n\nany rational argument based in law or facts to support the position\n\nof the litigant or to change existing law.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3621c54438ff1d45c3c46279f88c9bbabfa9709ee07da3c79fa9263ac5b8bac1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2010","next":"us-ok/okla.-stat.-tit.-12-12-2011.1"},"notice":"GroundRules: Original legal text. Not legal advice."}