Which of the following is NOT one of the four requirements under Rule 11(b)(1-4) for factual contentions?

• A. The claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law
• B. The factual contentions have evidentiary support or will likely have evidentiary support after a reasonable opportunity for investigation
• C. The denials of factual contentions are warranted on the evidence or belief or lack of information
• D. The claims must be undisputed

Answer: (D)

Rule 11 requires four assurances when filing pleadings: first, the legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing that law or for establishing new law; second, the factual contentions have evidentiary support or will likely have after a reasonable opportunity for investigation; third, the denials of factual contentions are warranted on the evidence or belief or lack of information; and fourth, the denials of legal contentions are warranted by existing law or a nonfrivolous argument for extending, modifying, or reversing existing law. The statement that the claims must be undisputed is not a requirement. Pleadings can include contested or disputed claims as long as they meet the evidentiary and legal-warranty standards above.