Pennsylvania § 8355 - Certification of pleadings, motions and other papers.

§ 8355. Certification of pleadings, motions and other papers.

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 individual name and his address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion or other paper and state his 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 certification by him that he has read the pleading, motion or other paper; that, to the best of his knowledge, information and belief, 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 in bad faith or for any improper purpose, such as to harass another, to maliciously injure another or to cause unnecessary delay or increase in the cost of litigation. 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 a pleading, motion or other paper is signed in violation of this section, the court shall award to the successful party costs and reasonable attorney fees and may, in addition, impose a civil penalty which shall not exceed $10,000. Such costs, fees and civil penalty shall be in addition to any other judgment awarded to the successful party and shall be imposed upon the person who signed the pleading, motion or other paper, or a represented party, or both. This section is in addition to and shall not be construed to limit any other remedies or sanctions provided by law.

(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)

1990 Amendment. Act 6 added section 8355.

Suspension by Court Rule. Section 8355 was suspended by Pennsylvania Rule of Civil Procedure No. 1023(d), adopted March 11, 1991. Rule 1023 was rescinded April 22, 2002, effective July 1, 2002.

Section 8355 was suspended by Pennsylvania Rule of Civil Procedure No. 1023.1(e), adopted April 22, 2002.