State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_11

Rule 11. Signing andverification of pleadings.

(a)        Signing byAttorney. – Every pleading, motion, and other paper of a party represented byan attorney shall be signed by at least one attorney of record in hisindividual name, whose address shall be stated. A party who is not representedby an attorney shall sign his pleading, motion, or other paper and state hisaddress. Except when otherwise specifically provided by rule or statute,pleadings need not be verified or accompanied by affidavit. The signature of anattorney or party constitutes a certificate by him that he has read thepleading, motion, or other paper; that to the best of his knowledge,information, and belief formed after reasonable inquiry it is well grounded infact and is warranted by existing law or a good faith argument for theextension, modification, or reversal of existing law, and that it is notinterposed for any improper purpose, such as to harass or to cause unnecessarydelay or needless increase in the cost of litigation. If a pleading, motion, orother paper is not signed, it shall be stricken unless it is signed promptlyafter the omission is called to the attention of the pleader or movant. If apleading, motion, or other paper is signed in violation of this rule, thecourt, upon motion or upon its own initiative, shall impose upon the person whosigned it, 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, motion, orother paper, including a reasonable attorney's fee.

(b)        Verification ofpleadings by a party. – In any case in which verification of a pleading shallbe required by these rules or by statute, it shall state in substance that thecontents of the pleading verified are true to the knowledge of the personmaking the verification, except as to those matters stated on information andbelief, and as to those matters he believes them to be true. Such verificationshall be by affidavit of the party, or if there are several parties united ininterest and pleading together, by at least one of such parties acquainted withthe facts and capable of making the affidavit. Such affidavit may be made bythe agent or attorney of a party in the cases and in the manner provided insection (c) of this rule.

(c)        Verification ofpleadings by an agent or attorney. – Such verification may be made by the agentor attorney of a party for whom the pleading is filed, if the action or defenseis founded upon a written instrument for the payment of money only and theinstrument or a true copy thereof is in the possession of the agent orattorney, or if all the material allegations of the pleadings are within thepersonal knowledge of the agent or attorney. When the pleading is verified bysuch agent or attorney, he shall set forth in the affidavit:

(1)        That the action ordefense is founded upon a written instrument for the payment of money only andthe instrument or a true copy thereof is in his possession, or

(2)        a.         Thatall the material allegations of the pleadings are true to his personalknowledge and

b.         The reasons why theaffidavit is not made by the party.

(d)        Verification bycorporation or the State. – When a corporation is a party the verification maybe made by any officer, or managing or local agent thereof upon whom summonsmight be served; and when the State or any officer thereof in its behalf is aparty, the verification may be made by any person acquainted with the facts. (1967,c. 954, s. 1; 1985 (Reg. Sess., 1986), c. 1027, s. 55.)