Bulletin: NY000158

Dear Associates:

Attorneys (and pro se individuals) are now required to sign pleadings and papers, as a verification that the subject matter contained in the papers is not frivolous. (The rule had already established sanctions for frivolous matters and motions, and now increases the sanctions, as well.) This new signature rule was added by the Chief Administrator of the New York Unified Court System to 22 NYCRR Part 130, effective March 1, 1998.

There is no set rule for how to sign the papers, and a brochure put out by the Chief Administrator indicates that a single signature will suffice for a bound group of papers (such as a summons and complaint, or for a notice of motion and all the supporting affidavits, as examples).

There is no specific language for the verification of non-frivolity - in fact, nothing more than the signature of the attorney (or self-represented individual), with the signer's name typed beneath. If more than one paper is to be included under the signature, the signed paper should refer to all the documents. (One suggestion is to put the signature on an "action back" [and we thought the use of litigation backs was being discouraged?]) or cover sheet.

The signature requirement does not apply to town and village courts, small claims cases, certain Family Court matters, and criminal proceedings.

Title agencies may encounter this rule if handling the filing of the notice of pendency, summons and complaint in a foreclosure as an accommodation to foreclosure search customers. Please pass this bulletin on to your attorney clientele.