Oklahoma § 12-2011

§ 12-2011.

Signing of pleadings.

SIGNING OF PLEADINGS

A. SIGNATURE. Every pleading, written motion, and other paper

shall be signed by at least one attorney of record in the individual

name of the attorney, whose Oklahoma Bar Association identification

number shall be stated, or, if the party is not represented by an

attorney, shall be signed by the party. Each paper shall state the

address of the signer and telephone number, if any. Except when

otherwise specifically provided by rule or statute, pleadings need

not be verified or accompanied by affidavit. An unsigned paper

shall be stricken unless the omission of the signature is corrected

promptly after being called to the attention of the attorney or

party.

B. REPRESENTATIONS TO COURT. By presenting to the court,

whether by signing, filing, submitting, or later advocating, a

pleading, written motion, or other paper, an attorney or

unrepresented party is certifying that to the best of the person's

knowledge, information, and belief, formed after an inquiry

reasonable under the circumstances:

1. It is not being presented for any improper or frivolous

purpose, such as to harass or to cause unnecessary delay or needless

increase in the cost of litigation;

2. The claims, defenses and other legal contentions therein are

warranted by existing law or by a nonfrivolous argument for the

extension, modification, or reversal of existing law or the

establishment of new law;

Oklahoma Statutes - Title 12. Civil Procedure

3. The allegations and other factual contentions have

evidentiary support or, if specifically so identified, are likely to

have evidentiary support after a reasonable opportunity for further

investigation or discovery; and

4. The denials of factual contentions are warranted on the

evidence or, if specifically so identified, are reasonably based on

a lack of information or belief.

C. SANCTIONS. If, after notice and a reasonable opportunity to

respond, the court determines that subsection B of this section has

been violated, the court shall, subject to the conditions stated

below, impose an appropriate sanction upon the attorneys, law firms,

or parties that have violated subsection B of this section or are

responsible for the violation.

1. HOW INITIATED.

a.

By Motion. A motion for sanctions under this rule

shall be made separately from other motions or

requests and shall describe the specific conduct

alleged to violate subsection B of this section. It

shall be served as provided in Section 2005 of this

title, but shall not be filed with or presented to the

court unless, within twenty-one (21) days after

service of the motion or such other period as the

court may prescribe, the challenged paper, claim,

defense, contention, allegation, or denial is not

withdrawn or appropriately corrected. If warranted,

the court may award to the party prevailing on the

motion the reasonable expenses and attorneys fees

incurred in presenting or opposing the motion. Absent

exceptional circumstances, a law firm shall be held

jointly responsible for violations committed by its

partners, associates, and employees.

b.

On Court's Initiative. On its own initiative, the

court may enter an order describing the specific

conduct that appears to violate subsection B of this

section and directing an attorney, law firm, or party

to show cause why it has not violated subsection B of

this section with respect thereto.

2. NATURE OF SANCTIONS; LIMITATIONS. A sanction imposed for

violation of this section shall be limited to what is sufficient to

deter repetition of such conduct or comparable conduct by others

similarly situated. Subject to the limitations in subparagraphs a,

b and c of this paragraph, the sanction may consist of, or include,

directives of a nonmonetary nature, an order to pay a penalty into

court, or, if warranted for effective deterrence, an order directing

payment to the movant of some or all of the reasonable attorneys

fees and other expenses incurred as a direct result of the

violation.

Oklahoma Statutes - Title 12. Civil Procedure

a.

Monetary sanctions shall not be awarded against a

represented party for a violation of paragraph 2 of

subsection B of this section.

b.

Monetary sanctions shall not be awarded on the court's

initiative unless the court issues its order to show

cause before a voluntary dismissal or settlement of

the claims made by or against the party which is, or

whose attorneys are, to be sanctioned.

c.

Monetary sanctions shall be awarded for any violations

of paragraph 1 of subsection B of this section. The

sanctions shall consist of an order directing payment

of reasonable costs, including attorney fees, incurred

by the movant with respect to the conduct for which

the sanctions are imposed. In addition, the court may

impose any other sanctions authorized by this

paragraph.

3. ORDER. When imposing sanctions, the court shall describe

the conduct determined to constitute a violation of this section and

explain the basis for the sanction imposed.

D. INAPPLICABILITY TO DISCOVERY. This section does not apply

to disclosures and discovery requests, responses, objections, and

motions that are subject to the provisions of Sections 3226 through

3237 of this title.

E. DEFINITION. As used in this section, "frivolous" means the

action or pleading was knowingly asserted in bad faith or without

any rational argument based in law or facts to support the position

of the litigant or to change existing law.

Added by Laws 1984, c. 164, § 11, eff. Nov. 1, 1984. Amended by

Laws 1985, c. 277, § 8, eff. Nov. 1, 1985; Laws 1987, c. 78, § 4,

eff. Nov. 1, 1987; Laws 1994, c. 343, § 11, eff. Sept. 1, 1994; Laws

2004, c. 368, § 10, eff. Nov. 1, 2004; Laws 2013, 1st Ex. Sess., c.

4, § 2, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex. Sess., c. 4,

§ 3, emerg. eff. Sept. 10, 2013; Laws 2022, c. 224, § 2, eff. Nov.

1, 2022.

NOTE: Laws 2009, c. 228, § 14 was held unconstitutional by the

Oklahoma Supreme Court in the case of Douglas v. Cox Retirement

Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed

by Laws 2013, 1st Ex. Sess., c. 4, § 1, emerg. eff. Sept. 10, 2013.