Rule 109 - Signatures on Documents Filed with the Courta.Signature. Every document that is filed with the court, except for exhibits, must be dated and signed by the party's attorney or by the party if the party has no attorney. ACJA § 1-901 governs how a person may sign a document filed through the person's electronic filing service provider account. "Electronic filing service provider" has the same meaning as provided in ACJA § 1-901. When two or more parties jointly file a document, each of these parties must sign it. However, if the document is filed through an electronic medium where only one electronic signature is allowed, all parties who submit the document are responsible for the document under Rule 109(b). Any document filed without being signed and dated may be stricken by the court. [ARCP 11(a)] b.Documents filed not in good faith, etc. A signature of an attorney or a party on any document confirms that the person who is signing has read the document; that, to the person's best knowledge, the statements in the document are truthful; and that the document is filed in good faith, and not to harass another party or to delay the lawsuit. If the court finds that a document was filed in violation of this rule, the court may impose a penalty permitted under Rule 127(d) on the person who signed it. [ARCP 11(a)] c."Verification" of a pleading. A document that is filed with the court is verified if a person has signed it under oath. If A.R.S. § 22-216 or any other law requires that a pleading be verified, the pleading must contain the following verification above the signature and date lines: "I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief."
A verified pleading must be verified by the party who files it or by an individual on behalf of a party if the individual is acquainted with the facts. [ARCP 9(i), 11(b)]
d.Affidavits; declarations under penalty of perjury. An affidavit is a statement that is sworn to before an authorized official such as a notary. When a party or person is required by these rules or by law to submit an affidavit, the party or person, instead of swearing before an official, may provide a signed statement under oath, which is shown by adding the following words at the end of the statement: "I declare under penalty of perjury that the foregoing is true and correct. Signed on the ___ day of __________, 20 ___."
The individual must place his or her signature directly below those words. [ARCP 80(i)]
Just. Ct. R. Civ. proc. 109
Adopted Aug. 30, 2012, effective 1/1/2013; amended August 24, 2023, effective 1/1/2024; amended August 22, 2024, effective 8/22/2024; amended December 3, 2024, effective 12/3/2024.