Rule 11 - [Effective 1/1/2025] Signing of pleadings, motions and other documents ; representations to court; sanctions(a) Signature. Every pleading, written motion and other document shall be signed by at least one attorney of record in the attorney's own name, or by a party personally if the party is Each not represented. The document shall state the signer's address, e-mail address and phone number, and The West Virginia State Bar identification number, if any. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by affidavit. The court shall strike an unsigned document unless the omission is promptly corrected after being called to the attorney's or party's attention. (b) Representations to court. By presenting to the court a pleading, motion or other paper- whether by signing, filing, submitting, or later advocating an attorney or unrepresented party certifies 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 purpose, such as to harass, cause unnecessary delay, or needlessly increase in the cost of litigation;(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for the extending, modifying or reversing existing law or the establishing new law;(3) the factual contentions have evidentiary support or, if specifically so identified, will likely 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 belief or lack of information.(c) Sanctions.(1)In general. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may impose an appropriate sanction upon any attorney, law firm or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates and employees.(2)Motion for sanctions. A motion for sanctions shall be made separately from other motions and shall describe the specific conduct alleged to violate Rule 11(b). The motion shall be served under Rule 5, but it shall not be filed with the clerk or be presented to the court if the challenged document claim, defense, contention, allegation or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets . If warranted, the court may award to the prevailing party reasonable expenses and attorney fees, and other expenses.(3)On the court's initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b)(4)Nature of sanction; limitations. A sanction imposed under this rule shall be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include, nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable expenses and attorney fees directly resulting from the violation.(5)Limitations on monetary sanctions. The court shall not impose a monetary sanction: (A) against a represented party for violating Rule 11(b)(2); or(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.(6)Requirements for an order. An order imposing sanctions shall describe the sanctioned conduct and explain the basis for the sanctions imposed.(d) Inapplicability to discovery. This rule does not apply to disclosures, discovery requests, responses, objections and motions under Rules 26 through 37.Amended effective 1/1/2025.