Which of the following best describes the timing of evidentiary support for factual contentions under Rule 11?

• A. It must have evidentiary support or be likely to have after reasonable opportunity for further investigation or discovery
• B. It must exist at the time of filing
• C. It is not required for denials
• D. It must be supported by documents only

Answer: (A)

Rule 11 requires that when a pleading is signed, the factual contentions have evidentiary support or will likely have such support after reasonable opportunity for further investigation or discovery. This means you don’t have to have every fact proven at the moment of filing; you may rely on information your client knows and on evidence you expect to obtain through discovery, as long as it would be reasonable to obtain it. The requirement also covers denials, which must be supported by evidence or a reasonable belief that such evidence will be obtained. The rule isn’t limited to documents, and it isn’t satisfied only by having everything in hand at filing.