PRINTER'S NO. 1675
No. 1437 Session of 1989
INTRODUCED BY MORRIS, BRANDT, CHADWICK, HECKLER, FARGO, PITTS,
BUSH, NOYE, LANGTRY, BATTISTO, GAMBLE, WOZNIAK, COLAIZZO,
COY, TRICH, STAIRS AND MARKOSEK, MAY 22, 1989
REFERRED TO COMMITTEE ON JUDICIARY, MAY 22, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for dilatory
3 and frivolous motions, claims and defenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 2505. Dilatory or frivolous motions, claims and defenses.
9 (a) Certification.--On a pleading, motion or other paper
10 filed in an action, the signature of an attorney or party
11 constitutes a certification of all of the following:
12 (1) The attorney or party has read the document that is
13 being signed.
14 (2) To the best of the attorney's or party's knowledge,
15 information and belief formed after reasonable inquiry and
16 investigation, the document is well grounded in fact.
17 (3) Claims or defenses are warranted by existing law or
18 by a good faith argument for the extension, modification or
1 reversal of existing law. This paragraph applies only to a
2 signature by an attorney.
3 (4) The document is not being filed for purposes of
4 delay or of needless increase in the cost of the litigation.
5 (b) Lack of signature.--If a pleading, motion or other paper
6 filed in an action is not signed, it shall be stricken unless it
7 is signed promptly after the omission is called to the attention
8 of the party.
9 (c) False certification.--If a certification under
10 subsection (a) is false, the court, upon motion or upon its own
11 initiative, shall impose upon the person who signed the document
12 or a represented party, or both, an appropriate sanction. A
13 sanction under this subsection may include an order to pay to
14 the other party the amount of the reasonable expenses incurred
15 because of the filing, including a reasonable attorney fee.
16 Section 2. This act shall apply to documents signed after
17 the effective date of this act.
18 Section 3. This act shall take effect in 60 days.
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