Under Rule 11, which best describes the evidentiary requirement for factual contentions?

• A. Must have evidentiary support at the time of filing
• B. The factual contentions have evidentiary support or will likely have after reasonable opportunity for further investigation or discovery
• C. Belief suffices
• D. Must be supported by documents only

Answer: (B)

Rule 11 requires that the factual contentions in a pleading be supported by evidentiary material or be likely to have such support after a reasonable opportunity for discovery. The key idea is the reasonable inquiry standard: you must check the facts to the extent reasonably possible, but you may rely on evidence you expect to obtain through discovery rather than having everything in hand at the filing. This allows discovery to fill gaps, as long as it’s reasonable to believe that evidence will emerge. Belief alone isn’t enough, and the requirement isn’t limited to documents; evidence can come from affidavits, testimony, or other admissible forms.