60-211.Signing of pleadings, motions and other papers; sanctions.(a) Every pleading, motion and other paper provided for by this articleofa party represented by anattorney shall be signed byat least one attorney of record in the attorney's individual name, and theattorney's addressand telephone number shall be stated. A pleading, motion or other paperprovided for by this articleof a party who is not represented byan attorney shall be signed by the party and shall state the party's address.Except whenotherwise specifically provided by rule or statute, pleadings need notbe verified or accompanied by an affidavit.
(b) The signature of a personconstitutes a certificate by theperson that the person has read the pleading, motion or other paperand that tothe best of the person's knowledge, information andbelief formed after an inquiryreasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass orto cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses and other legal contentions therein are warrantedby existing law or by a nonfrivolous argument for the extension, modificationor reversal of existing law or the establishment of new law;
(3) the allegations and other factual contentions have evidentiary supportor, if specifically so identified, are likely to have evidentiary support aftera reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, ifspecifically so identified, are reasonably based on a lack of information orbelief.
(c) If a pleading, motion or other paper provided for by thisarticle is not signed it shall be stricken unless it is signedpromptly after the omission is called to the attention of the pleader ormovant. If a pleading, motion or other paper provided for by this articleis signed in violation ofthis section, the court, upon motion or upon its own initiative upon noticeand after opportunity to be heard, shall impose upon the person who signedit or a represented party, or both, an appropriate sanction, which mayinclude an order to pay to the other party or parties the amount of thereasonable expenses incurred because of the filing of the pleading, motionor other paper, including reasonable attorney fees.A motion for sanctions under this section may be served and filed at any timeduring the pendency of the action but not later than 10 days after the entry ofjudgment.
(d) Subsections (a) through (c) do not apply to disclosures and discoveryrequests, responses, objections and motions that are subject to the provisionsof K.S.A. 60-226 through 60-237 and amendments thereto.
(e) The state of Kansas, or any agency thereof, and all politicalsubdivisions of the state shall be subject to the provisions of this section inthe same manner as any other party.
(f) If the court imposes monetary sanctions on an inmate in the custody ofthe secretary of corrections, the secretary is hereby authorized to disburseany money in the inmate's account to pay such sanctions.
History: L. 1963, ch. 303, 60-211; amended by Supreme Court orderdated July 28, 1976;L. 1982, ch. 241, § 2; L. 1986, ch. 215, § 1;L. 1997, ch. 173, § 6; July 1.
60-211.Signing of pleadings, motions and other papers; sanctions.(a) Every pleading, motion and other paper provided for by this articleofa party represented by anattorney shall be signed byat least one attorney of record in the attorney's individual name, and theattorney's addressand telephone number shall be stated. A pleading, motion or other paperprovided for by this articleof a party who is not represented byan attorney shall be signed by the party and shall state the party's address.Except whenotherwise specifically provided by rule or statute, pleadings need notbe verified or accompanied by an affidavit.
(b) The signature of a personconstitutes a certificate by theperson that the person has read the pleading, motion or other paperand that tothe best of the person's knowledge, information andbelief formed after an inquiryreasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass orto cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses and other legal contentions therein are warrantedby existing law or by a nonfrivolous argument for the extension, modificationor reversal of existing law or the establishment of new law;
(3) the allegations and other factual contentions have evidentiary supportor, if specifically so identified, are likely to have evidentiary support aftera reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, ifspecifically so identified, are reasonably based on a lack of information orbelief.
(c) If a pleading, motion or other paper provided for by thisarticle is not signed it shall be stricken unless it is signedpromptly after the omission is called to the attention of the pleader ormovant. If a pleading, motion or other paper provided for by this articleis signed in violation ofthis section, the court, upon motion or upon its own initiative upon noticeand after opportunity to be heard, shall impose upon the person who signedit or a represented party, or both, an appropriate sanction, which mayinclude an order to pay to the other party or parties the amount of thereasonable expenses incurred because of the filing of the pleading, motionor other paper, including reasonable attorney fees.A motion for sanctions under this section may be served and filed at any timeduring the pendency of the action but not later than 10 days after the entry ofjudgment.
(d) Subsections (a) through (c) do not apply to disclosures and discoveryrequests, responses, objections and motions that are subject to the provisionsof K.S.A. 60-226 through 60-237 and amendments thereto.
(e) The state of Kansas, or any agency thereof, and all politicalsubdivisions of the state shall be subject to the provisions of this section inthe same manner as any other party.
(f) If the court imposes monetary sanctions on an inmate in the custody ofthe secretary of corrections, the secretary is hereby authorized to disburseany money in the inmate's account to pay such sanctions.
History: L. 1963, ch. 303, 60-211; amended by Supreme Court orderdated July 28, 1976;L. 1982, ch. 241, § 2; L. 1986, ch. 215, § 1;L. 1997, ch. 173, § 6; July 1.
60-211.Signing of pleadings, motions and other papers; sanctions.(a) Every pleading, motion and other paper provided for by this articleofa party represented by anattorney shall be signed byat least one attorney of record in the attorney's individual name, and theattorney's addressand telephone number shall be stated. A pleading, motion or other paperprovided for by this articleof a party who is not represented byan attorney shall be signed by the party and shall state the party's address.Except whenotherwise specifically provided by rule or statute, pleadings need notbe verified or accompanied by an affidavit.
(b) The signature of a personconstitutes a certificate by theperson that the person has read the pleading, motion or other paperand that tothe best of the person's knowledge, information andbelief formed after an inquiryreasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass orto cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses and other legal contentions therein are warrantedby existing law or by a nonfrivolous argument for the extension, modificationor reversal of existing law or the establishment of new law;
(3) the allegations and other factual contentions have evidentiary supportor, if specifically so identified, are likely to have evidentiary support aftera reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, ifspecifically so identified, are reasonably based on a lack of information orbelief.
(c) If a pleading, motion or other paper provided for by thisarticle is not signed it shall be stricken unless it is signedpromptly after the omission is called to the attention of the pleader ormovant. If a pleading, motion or other paper provided for by this articleis signed in violation ofthis section, the court, upon motion or upon its own initiative upon noticeand after opportunity to be heard, shall impose upon the person who signedit or a represented party, or both, an appropriate sanction, which mayinclude an order to pay to the other party or parties the amount of thereasonable expenses incurred because of the filing of the pleading, motionor other paper, including reasonable attorney fees.A motion for sanctions under this section may be served and filed at any timeduring the pendency of the action but not later than 10 days after the entry ofjudgment.
(d) Subsections (a) through (c) do not apply to disclosures and discoveryrequests, responses, objections and motions that are subject to the provisionsof K.S.A. 60-226 through 60-237 and amendments thereto.
(e) The state of Kansas, or any agency thereof, and all politicalsubdivisions of the state shall be subject to the provisions of this section inthe same manner as any other party.
(f) If the court imposes monetary sanctions on an inmate in the custody ofthe secretary of corrections, the secretary is hereby authorized to disburseany money in the inmate's account to pay such sanctions.
History: L. 1963, ch. 303, 60-211; amended by Supreme Court orderdated July 28, 1976;L. 1982, ch. 241, § 2; L. 1986, ch. 215, § 1;L. 1997, ch. 173, § 6; July 1.
