Which statement best describes Rule 11's effect on drafting documents?

• A. It has no effect on draft filings
• B. It requires representations to be supported by law and facts and not for improper purpose
• C. It only applies to state court
• D. It only applies to trial transcripts

Answer: (B)

Rule 11 requires that when you draft and present papers to the court, you certify that the content is grounded in existing law or a nonfrivolous argument for extending or modifying it, and that the factual contentions have evidentiary support or will likely have such support after discovery. It also prohibits filings made for improper purposes, such as to harass or delay. This certification accompanies pleadings, motions, and other papers signed by an attorney or by a represented party, and sanctions can follow if the certification is violated. There is a safe harbor allowing withdrawal or correction of the challenged portion within a short period before sanctions are imposed. So the best description of Rule 11’s effect on drafting documents is that it requires representations to be supported by law and facts and not for improper purposes.