New York / Rules and policy
22 NYCRR 130-1.1a: Signing of papers
Signature and certification under Part 130
22 NYCRR 130-1.1a
What the text addresses
Section 130-1.1a requires signatures on papers served on another party or submitted to a court. An unsigned paper is subject to being stricken if the omission is not promptly corrected, absent good cause.
By signing, the attorney or party certifies knowledge, information and belief formed after an inquiry reasonable under the circumstances. The certification addresses frivolous contentions and, for initiating pleadings, the circumstances in which the matter was obtained. These are the existing signature duties discussed in the Advisory Committee’s AI memorandum.
From the official text
“Every pleading, written motion, and other paper, served on another party or filed or submitted to the court shall be signed by an attorney, or by a party if the party is not represented by an attorney, with the name of the attorney or party clearly printed or typed directly below the signature. Absent good cause shown, the court shall strike any unsigned paper if the omission of the signature is not corrected promptly after being called to the attention of the attorney or party.”
“By signing a paper, an attorney or party certifies that, to the best of that person’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances, (1) the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1(c) of this Subpart, and (2) where the paper is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom, and (ii) the matter was not obtained in violation of Part 1200. Rule 4.5 of this Title.”