Berk v. Choy · ¶31

Even if Rule 11 incorporates some state affidavit laws, it does not incorporate this one. Rule 11 governs the conduct of those who practice before courts: the “attorney of record” or the “party personally if the party is unrepresented.” Ibid. It requires the attorney or pro se party to certify, after “reasonable” inquiry, that the legal and factual representations made to the court are warranted. Rule 11(b). The sentence on which defendants rely simply “acknowledges” that although Rule 11 generally puts the onus on the attorney or pro se party to vouch for representations, “in some situations represented parties are required by rule or statute to verify pleadings or sign affidavits.” Business Guides, Inc. v. Chromatic Communications Enterprises, Inc., 498 U. S. 533, 542 (1991) (emphasis added); see, e. g., Fed. Rule Civ. Proc. 23.1 (requiring complaints in shareholder derivative actions…

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