Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 20 - STATE CORPORATION COMMISSION RULES OF PRACTICE AND PROCEDURE › Part I - General Provisions › Section 5VAC5-20-20 - Good faith pleading and practice

Current through Register Vol. 40, No. 24, July 15, 2024
Every pleading, written motion, or other document presented
					 for filing by a party represented by an attorney shall be signed by at least
					 one attorney of record in the attorney's individual name, and the attorney's
					 mailing address and telephone number, and where available, telefax number and
					 email address, shall be stated. An individual not represented by an attorney
					 shall sign the individual's pleading, motion, or other document, and shall
					 state the individual's mailing address and telephone number. A partnership not
					 represented by an attorney shall have a partner sign the partnership's
					 pleading, motion, or other document, and shall state the partnership's mailing
					 address and telephone number. A nonlawyer may only represent the interests of
					 another before the commission in the presentation of facts, figures, or factual
					 conclusions, as distinguished from legal arguments or conclusions. In the case
					 of an individual or entity not represented by counsel, each signature shall be
					 that of the individual or a qualified officer or agent of the entity. Documents
					 signed pursuant to this rule need not be under oath unless so required by
					 statute.
The commission allows electronic filing. Before filing
					 electronically, the filer shall complete an electronic document filing
					 authorization form, establish a filer authentication password with the Clerk of
					 the State Corporation Commission and otherwise comply with the electronic
					 filing procedures adopted by the commission. Upon establishment of a filer
					 authentication password, a filer may make electronic filings in any case. All
					 documents submitted electronically must be capable of being printed as paper
					 documents without loss of content or appearance.
The signature of an attorney or party constitutes a
					 certification that (i) the attorney or party has read the pleading, motion, or
					 other document; (ii) to the best of the attorney's or party's knowledge,
					 information, and belief formed after reasonable inquiry, the pleading, motion
					 or other document 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 (iii) the pleading, motion or other document is not interposed for any
					 improper purpose, such as to harass or to cause unnecessary delay or needless
					 increase in the cost of litigation. A pleading, written motion, or other
					 document will not be accepted for filing by the Clerk of the Commission if it
					 is not signed.
An oral motion made by an attorney or party in a commission
					 proceeding constitutes a representation that the motion (i) 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 (ii) is not
					 interposed for any improper purpose, such as to harass or to cause unnecessary
					 delay or needless increase in the cost of litigation.
Statutory Authority
§§ 12.1-13 and 12.1-25 of the Code of Virginia.