Under Rule 11(b)(3), what does a lawyer certify about a factual statement in a pleading?

• A. It is solely based on the client's memory
• B. It must be sworn by the client
• C. It is proven beyond a reasonable doubt
• D. It is supported by evidentiary content or would be after discovery

Answer: (D)

Rule 11(b)(3) asks the attorney to certify that the factual statements in the pleading have evidentiary support or will likely have such support after discovery, based on the attorney’s reasonable inquiry. This certification is made by the lawyer, not by swearing the client, and it does not require proof beyond a reasonable doubt. It also isn’t limited to the client’s memory; it hinges on the existence of or potential evidence to back up the allegations. Therefore, the correct understanding is that the factual contentions are supported by evidentiary content or would be after discovery.