Printable Format60-211. Signing of pleadings, motions and other papers; representations to the court; sanctions. (a) Signature. Every pleading, written motion and other paper must be signed by at least one attorney of record in the attorney's name, or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, telephone number and fax number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.
(b) Representations to the court. By presenting to the court a pleading, written motion or other paper, whether by signing, filing, submitting or later advocating it, an attorney or unrepresented party certifies that to the best of the person's knowledge, information and belief formed after an inquiry reasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of litigation;
(2) 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;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subsection (b) has been violated, the court may impose an appropriate sanction on any attorney, law firm or party that violated the statute or is responsible for a violation committed by its partner, associate or employee. The sanction may include an order to pay to the other party or parties that* reasonable expenses, including attorney's fees, incurred because of the filing of the pleading, motion or other paper. A motion for sanctions under this section may be served and filed at any time during pendency of the action, but must be filed not later than 14 days after the entry of judgment.
(d) Inapplicability to discovery. Subsections (a) through (c) do not apply to disclosures and discovery requests, responses, objections and motions that are subject to the provisions of K.S.A. 60-226 through 60-237, and amendments thereto.
(e) Applicability to the state. The state of Kansas, including an agency or political subdivision thereof, is subject to this section.
(f) Monetary sanctions against inmate. If the court imposes monetary sanctions on an inmate in the custody of the secretary of corrections, the secretary is authorized to disburse any money in the inmate's account to pay the sanctions.
History: L. 1963, ch. 303, 60-211; amended by Supreme Court order dated July 28, 1976; L. 1982, ch. 241, § 2; L. 1986, ch. 215, § 1; L. 1997, ch. 173, § 6; L. 2010, ch. 135, § 78; L. 2011, ch. 48, § 6; July 1.
Source or prior law:
G.S. 1868, ch. 80, §§ 107 through 114; L. 1886, ch. 61, § 1; L. 1909, ch. 182, §§ 109 through 116; L. 1911, ch. 227, § 1; R.S. 1923, 60-728 through 60-735.
Revisor's Note:
* The word "that" should have been "the" instead.
Cross References to Related Sections:
Form of pleadings, see 60-210.
General rules of pleadings, see 60-208.
Pleadings allowed, forms of motions, see 60-207.
Pleadings under workers compensation act, see 44-536a.
Law Review and Bar Journal References:
Commented upon prior to legislative enactment, George Templar, 31 J.B.A.K. 167 (1962).
Signing in lieu of verification, Marlin M. Volz, 11 K.L.R. 203, 207, 208 (1962).
"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 531 (1984).
"Recovery of Attorney Fees—An Historical Perspective," Ron Leslie, 53 J.K.B.A. 154 (1984).
"Comparative Negligence. New Rules of Pleading and Burden of Proof," Vol. IX, Special Issue, J.K.T.L.A. 28 (1985).
"Physician Countersuits," Wayne T. Stratton, 90, No. 1, Kan.Med. 6, 7 (1989).
"Rule 11 Sanctions: The Special Problem of Local Counsel," Steve A. Leben, 58 J.K.B.A. No. 6, 17, 18, 19 (1989).
"Sanctions Against Lawyers," Tim Alvarez, J.K.T.L.A., Vol. XIII, No. 1, 7, 8 (1989).
"Settlements & Verdicts," Robin Maxon, XIV J.K.T.L.A. No. 5, 26 (1991).
"Restoring the Common in the Law: A Proposal for the Elimination of Rules Prohibiting the Citation of Unpublished Decisions in Kansas and the Tenth Circuit," Mark D. Hinderks and Steve A. Leben, 31 W.L.J. 155, 188 (1992).
"Ethics and the Government Lawyer," Bruce W. Kent, 62 J.K.B.A. No. 2, 30, 33 (1993).
"Frivolous Litigation, Discretionary Sanctioning and a Safe Harbor: The 1993 Revision of Rule 11," Karen Kessler Cain, 43 K.L.R. 207, 208, 228, 229, 230 (1994).
"Plaintiff's Guide To Court Awarded Attorney Fees," Gerald W. Scott and Mark A. Scott, J.K.T.L.A. Vol. XVII, No. 6, 4 (1994).
"Property Law: The Termite Legacy in Real Estate—Caveat Inspector[Horsch v. Terminix International Co., 865 P.2d 1044 (Kan. Ct. App. 1993)]," Eric S. Heath, 34 W.L.J. 614, 616, 625 (1995).
"The Fork in the Road: A Practitioner's Guide to the 1997 Changes in the Code of Civil Procedure," J. Nick Badgerow, 66 J.K.B.A. No. 5, 32 (1997).
"Caveat plaintiff: Congress has defederalized private securities litigation," Steven A. Ramirez, 67 J.K.B.A. No. 9, 16 (1998).
"A practitioner's guide to summary judgment Part 1," Robert W. Parnacott, 67 J.K.B.A. No. 10, 36 (1998).
"An Update to Consumer's Guide to Court-Awarded Attorney Fees," Mark A. Scott, J.K.T.L.A. Vol. XXII, No. 1, 7 (1998).
"An ounce of Prevention...," Robert W. Parnacott, 68 J.K.B.A. No. 10, 36 (1999).
"The Lawyers' Creed of Professionalism: Some Observations from the Field," J. Nick Badgerow, 69 J.K.B.A. No. 2, 24 (2000).
"The Misapplication of Comparative Negligence: An Argument for the Use of Joint and Several Liability in Gun Control," Michele M. O'Malley, 40 W.L.J. 334 (2001).
"Legal Malpractice in Kansas: Principles and Examples," Monte Vines, 72 J.K.B.A. No. 10, 16, 22 (2003).
"Non-SEC Whistle-Blowing Obligations of Lawyers Who Represent Organizations," John M. Burman, 46 W.L.J. 127 (2006).
"'Byte' Me! Protecting Your Backside in an Electronic Discovery World (Not Just For Litigators)," Kathy Perkins, Dave Deppe, 76 J.K.B.A. No. 3, 22 (2007).
"Recovery of Attorney's Fees in Kansas," Jerry D. Fairbanks, 77 J.K.B.A. No. 4, 20 (2008).
"ESI Comes to the K.S.A.: Kansas Adopts Federal Civil Procedure Rules on Electronic Discovery," J. Nick Badgerow, 77 J.K.B.A. No. 7, 30 (2008).
"Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009).
Attorney General's Opinions:
Uniform electronic transaction act does not authorize the use of unsworn electronic digitally signed complaint or supporting affidavit; court rule exception. 2008-4.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-728 to 60-735 and the 1961 Supp. thereto.
1. Mentioned in determining procedure for disqualification of judge under K.S.A. 1971 Supp. 20-311d. Hulme v. Woleslagel, 208 K. 385, 392, 493 P.2d 541.
2. Section applied; service of process sufficient under 82a-724. Frontier Ditch Co. v. Chief Engineer of Water Resources, 1 K.A.2d 186, 190, 563 P.2d 509.
3. Failure to comply with section noted; tort action; liability of municipalities for acts of employees determined; abolition of certain governmental immunity. Gorrell v. City of Parsons, 223 K. 645, 646, 576 P.2d 616.
4. Attorney violated this section in signing a motion for a new trial containing material known to be false; disbarred. State v. Phelps, 226 K. 371, 376, 377, 378, 379, 380, 381, 598 P.2d 180.
5. A person adjudicated incapacitated with respect to his person and estate does not possess requisite capacity to file divorce action. Brice-Nash v. Brice-Nash, 5 K.A.2d 332, 335, 615 P.2d 836.
6. Civil rights action appealing disbarment; constitutional right to due process not violated. Phelps v. Kansas Supreme Ct., 662 F.2d 649 (1981).
7. Absent abuse of discretion, assessment of attorney fees will not be disturbed on appeal. Cornett v. Roth, 233 K. 936, 945, 666 P.2d 1182 (1983).
8. Cited in opinion holding both requirements of 60-2007(b) must be met before attorney fees and expenses can be assessed. Smith v. Dunn, 11 K.A.2d 343, 346, 720 P.2d 1137 (1986).
9. Cited; attorney fees assessed against plaintiff's counsel for pursuing punitive damages unreasonable and in bad faith (60-2007) examined. Rood v. Kansas City Power & Light Co., 243 K. 14, 21, 755 P.2d 502 (1988).
10. Trial court's discretion in granting sanctions for plaintiff's lack of good cause and good faith to modify law examined. Summers v. Montgomery Elevator Co., 243 K. 393, 398, 757 P.2d 1255 (1988).
11. Purpose of sanction statute (60-2007) as penalty for willful misuses of judicial process determined. Southgate Bank v. Fidelity & Deposit Co. of Maryland, 14 K.A.2d 454, 459, 794 P.2d 310 (1990).
12. Monetary sanctions against one not authorized to practice law denied on grounds of ignorance and misunderstanding. State ex rel. Stephan v. Williams, 246 K. 681, 692, 793 P.2d 234 (1990).
13. Attorney fees to defendants denied at trial; plaintiff prevailed on appeal. Noel v. Pizza Hut, Inc., 15 K.A.2d 225, 240, 805 P.2d 1244 (1991).
14. Absent abuse of discretion, trial court's sanctions ruling will not be disturbed on appeal; attorney fees assessment examined. Reyna v. General Group of Companies, 15 K.A.2d 591, 595, 596, 814 P.2d 961 (1991).
15. 1986 statutory amendment discussed; evidence supporting sanctions against plaintiff's attorney or attorney fees and costs incurred by defendants examined. Fankhauser v. Bank IV Emporia, 251 K. 217, 833 P.2d 1002 (1992).
16. Cited; statute incorrectly cited held not reversible error. New Dimensions Products, Inc. v. Flambeau Corp., 17 K.A.2d 852, 860, 844 P.2d 768 (1993).
17. Under facts stated, trial court erred in determining pleading had no reasonable basis in fact and lacked good faith. Giblin v. Giblin, 253 K. 240, 255, 854 P.2d 816 (1993).
18. Whether sanctions were warranted because plaintiff's claim allegedly lacked any factual or legal support examined. In re Hesston Corp., 254 K. 941, 987, 992, 870 P.2d 17 (1994).
19. Whether trial court's decision to award fees was premature examined. Ellis v. Berry, 19 K.A.2d 105, 109, 867 P.2d 1063 (1994).
20. Cited; whether trial court abused discretion in awarding attorney fees examined. State v. Kendig, 19 K.A.2d 128, 143, 865 P.2d 218 (1994).
21. Whether court erred by dismissing case because out-of-state attorney violated statutory appearance requirements examined. Architectural & Engineered Products Co. v. Whitehead, 19 K.A.2d 378, 380, 869 P.2d 766 (1994).
22. Allegations of answer demonstrated party had sufficient facts to plead counterclaim. United States Fidelity & Guaranty Co. v. Maish, 21 K.A.2d 885, 894, 908 P.2d 1329 (1995).
23. Trial court's failure to specify any pleading motion for sanctions referred to constituted reversible error. In re Marriage of Stockham, 23 K.A.2d 197, 199, 928 P.2d 104 (1996).
24. Argument unsupported by case law but not so far outside realm of debate as to warrant sanctions. In re Estate of Winslow, 23 K.A.2d 670, 671, 677, 934 P.2d 1001 (1997).
25. Substantial competent evidence supported imposition of sanctions and revocation of attorney's pro hac vice admission. Subway Restaurants, Inc. v. Kessler, 266 K. 433, 438, 970 P.2d 526 (1998).
26. Trial court cannot order habeas corpus petitioner to reimburse attorney fees of court-appointed counsel. Walker v. State, 26 K.A.2d 410, 411, 988 P.2d 283 (1999).
27. Trial court imposition of sanctions against attorney for filing frivolous lawsuit upheld. Bus. Opportunities Unlimited, Inc. v. Envirotech Heat. & Cooling, Inc., 26 K.A.2d 616, 617, 620, 992 P.2d 1250 (1999).
28. Verbal admonishment of counsel by trial court, without award of attorney fees, is within discretion of court. Wood v. Groh, 269 K. 420, 7 P.3d 1163 (2000).
29. Imposition of sanctions against plaintiff reversed; defendant has to raise discharge in bankruptcy as affirmative defense in district court action. Chanute Production Credit Ass'n v. Schicke, 27 K.A.2d 769, 9 P.3d 561 (2000).
30. Court abused its discretion in imposing sanctions against plaintiffs. Vondracek v. Mid-State Co-Op, Inc., 32 K.A.2d 98, 79 P.3d 197 (2003).
31. Attorney accepting sanction of trial court may not take inconsistent position on appeal. State v. Murphy, 278 K. 228, 91 P.3d 1232 (2004).
32. Imposition of sanctions affirmed - it wasn't the defendant's horse. Evenson Trucking Co. v. Aranda, 280 K. 821, 127 P.3d 292 (2006).
33. Cited in request for 30-day extension for service of process. Finley v. Estate of DeGrazio, 285 K. 202, 170 P.3d 407 (2007).
34. Defendant's response did not need to be verified by the corporation. Picard v. Sugar Valley Lakes Homes Ass'n, 37 K.A.2d 210, 219, 151 P.3d 850 (2007).
35. Mentioned; legislature cannot intrude into attorney general's duties as officer of the courts. State ex rel. Morrison v. Sebelius, 285 K. 875, 887, 179 P.3d 366 (2008).
36. Cited; court imposes sanctions on former attorney general relating to records taken from attorney general's office. Comprehensive Health of Planned Parenthood v. Kline, 287 K. 372, 420, 197 P.3d 370 (2008).
37. Statutory requirements met for sanctions under the facts of case. McCabe v. Hoch, 42 K.A.2d 747, 216 P.3d 720 (2009).
38. Award of attorney fees upheld; appellate attorney fees partially awarded. Mercy Regional Health Center v. Brinegar, 43 K.A.2d 156, 223 P.3d 311 (2010).
39. Unsigned pleading is a technical defect and a chance should be given to correct it. Christenson Media Group v. Lang Industries, 782 F.Supp.2d 1213 (D. Kan. 2011).
40. District court did not abuse discretion in imposing sanctions against father for use of inflammatory language against guardian ad litem in motion for return of fee deposit. In re Marriage of Bergmann and Sokol, 49 K.A.2d 45, 305 P.3d 664 (2013).