§ 308.7 - Good faith certification.  


Latest version.
  • § 308.7 Good faith certification.

    (a) General requirement. Every filing or submission of record following the issuance of a notice shall must be signed by at least one counsel of record in his or her the counsel's individual name and shall must state that counsel's mailing address, electronic mail address, and telephone number. A party who acts as his or her the party's own counsel shall sign his or her must sign that person's individual name and state his or her address that person's mailing address, electronic mail address, and telephone number on every filing or submission of record. Electronic signatures may be used to satisfy the signature requirements of this section.

    (b) Effect of signature.

    (1) The signature of counsel or a party shall will constitute a certification that: The the counsel or party has read the filing or submission of record; to the best of his or her the counsel's or party's knowledge, information, and belief formed after reasonable inquiry, the filing or submission of record 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 the filing or submission of record is not made for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

    (2) If a filing or submission of record is not signed, the administrative law judge shall ALJ will strike the filing or submission of record, unless it is signed promptly after the omission is called to the attention of the pleader or movant.

    (c) Effect of making oral motion or argument. The act of making any oral motion or oral argument by any counsel or party constitutes a certification that to the best of his or her the counsel's or party's knowledge, information, and belief formed after reasonable inquiry, his or her the counsel's or party's statements are well-grounded in fact and are warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and are not made for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.