DELICTUAL RESPONSIBILITY STUDY GUIDE
COMPLETE QUESTIONS AND SOLUTIONS
⫸ Certification of Pleadings - By signing a pleading, a lawyer certifies
that he has read it, and to the best of his knowledge, information, and
belief formed after a reasonable inquiry ...
(1) that the pleading is not being used for any improper purpose, such as
to harass, delay, or increase costs
(2) that it is warranted by existing law, or by a nonfrivolous argument for
the extension, modification, or reversal of existing law
(3) that all allegations have evidentiary support, or are likely to have
evidentiary support after further inquiry, and
(4) that each denial is warranted by the evidence, or reasonably based on
lack of information or belief.
⫸ Pleadings Subject to Attorney's Certification - (1) Pleadings
(2) Answers
(3) Written Motions
(4) Exceptions
, ⫸ Sanctions for Breach of Attorney's Certification - The judge may
impose upon the person who made the certification, or the represented
party, or both, an appropriate sanction, included an order to pay the other
attorney reasonable expenses and attorney fees incurred as a result of the
pleading.
⫸ Sanctions for Violating an Order to Compel - Failing to comply with
a motion to compel within 15 days may result on one or more of the
following:
(1) finding the matters subject to the inquiry established in favor of the
opposing party
(2) prohibiting the non-compliant party from using designated evidence
(3) striking pleadings
(4) rendering a default judgment
(5) enter an order of contempt
(6) ordering that the noncompliant party, his attorney, or both to pay
reasonable expenses and attorney's fees caused by the failure to reply.
⫸ Motion for an Order Requiring Payment of Expenses - Available for
any act of contempt or obstruction, intentional or negligent, for which
the opposing party has incurred expenses and/or fees.
INSUFFICIENT ANSWER