RULE 16.
Rule 16. Signing of
Pleadings, Motions, and Other Documents; Sanctions
16.01 Signing of Pleadings, Motions, and Other DocumentsSubdivision 1.Party Represented by an Attorney.When a party is represented by an attorney, every pleading, motion, and other similar document filed with the court shall be personally signed by at least one attorney of record in the attorney’s individual name and shall state the attorney’s address, e-mail address, telephone number, and attorney registration number.Subd. 2.Party Not Represented by an Attorney.A party who is not represented by an attorney shall personally sign the pleading, motion, or other similar document filed with the court and shall state the party’s address, e-mail address if the party is a Registered User of the E-Filing System, and telephone number. If a party asserts that providing the address, e-mail address, and telephone number is not in the best interests of the child, the information may be provided to the court in a separate informational statement and shall not be accessible to the public or to the parties. Upon notice of motion and motion, the court may disclose the address, e-mail address, and telephone number as it deems appropriate. Service of a motion by a Registered User of the E-Filing System upon another Registered User shall be made in compliance with Rule 14.03 of the General Rules of Practice. All other service of a motion shall be made by personal service, U.S. mail, or e-mail or other electronic means agreed upon in writing by the person to be served.Subd. 3.Signing Constitutes Certification.Except when otherwise specifically provided by rule or statute, pleadings need not be verified by affidavit or accompanied by affidavit. The signature of an attorney or party constitutes a certification that:(a) the pleading, motion, or other document has been read;
(b) to the best of the signer’s knowledge, information, and belief, formed after reasonable inquiry, the pleading, motion, or other document is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and(c) it is not interposed for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of litigation.The filing, serving, or submitting of a document through the E-Filing System constitutes certification of compliance with the signature requirements of Rule 16.
(Amended effective September 1, 2012; amended effective July 1, 2015.)
Advisory
Committee Comment - 2012
Amendment
Rule 16.01, subdivision 3, is amended to add the last paragraph, which is intended to facilitate a pilot project on electronic filing and service, but is designed to be a model for the implementation of electronic filing and service if the pilot project is made permanent and statewide. The sole purpose of the amendment is to make explicit the status of “signatures” affixed to pleadings and other documents that are electronically filed and served. Whatever means are used to sign these documents, whether pen and ink, facsimile of a signature, or an indication that the document is signed (such as a “/s/ Pat Smith” notation), each will be treated the same way and deemed to be signatures for all purposes under the rule.
16.02 SanctionsIf a pleading, motion, affidavit, or other similar document is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, affidavit, or other similar document is signed in violation of this rule, the court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, including sanctions permitted pursuant to Rule 11 of the Minnesota Rules of Civil Procedure, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, affidavit, or other similar document, including reasonable attorney fees.
(Amended effective September 1, 2012; amended effective July 1, 2015.)