Signing pleadings and motions

Under 2200.32 the filing party or the party's representative must sign all pleadings and motions.

• The rule explicitly requires either the party itself or someone authorized to represent that party to sign the document.
• A signature by a representative is treated as a representation that the representative is authorized to act for the party.

Under 2200.32 a representative's signature constitutes a representation that the representative is authorized to represent the party or parties on whose behalf the pleading is filed.

• This statement means the signer is affirming they have the authority to act for the party and may be held accountable if that representation is false.

Under 2200.32 the signature certifies that the signer has read the pleading, motion, or other document and, after reasonable inquiry, that the signer’s knowledge, information, and belief support its contents.

• The rule places an obligation on the signer to have reviewed the document and formed the stated beliefs after making a reasonable inquiry into the facts.

Under 2200.32 the signer certifies that, to the best of their knowledge and after reasonable inquiry, the pleading is well grounded in fact and is warranted by existing law or is a good-faith argument for changing the law.

• This covers both claims that follow existing law and requests that ask the Commission to extend, modify, or reverse existing law, provided a good-faith legal basis exists.

Under 2200.32 the signer certifies that the document is not filed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase litigation costs.

• Filing for an improper purpose is expressly prohibited and can be subject to sanctions if the certification is false.

Under 2200.32 the signing party or the party's representative may be subject to sanctions if they sign in violation of the rule.

• The rule makes both the signer and the party they represent potentially liable for sanctions arising from a false or improper signature.

Under 2200.32 sanctions for signing in violation of the rule are set forth in 2200.101 and 2200.104.

• You should consult those sections for the specific types of sanctions and procedures the Commission may use.

Under 2200.32 yes — a signature by a party representative constitutes a representation that the representative understands the rules and orders of the Commission and its Judges apply equally to attorney and non-attorney representatives.

• This makes clear that non-attorney representatives are held to the same procedural standards as attorneys.

Under 2200.32 a non-attorney may sign pleadings or motions if they are the party's authorized representative, but the signature still carries the same certifications and responsibilities as an attorney's signature.

• The representative (attorney or non-attorney) must be authorized to act for the party and must meet the rule's requirements about reading the document, making reasonable inquiry, and avoiding improper purposes.

Under 2200.32 a representative should confirm authorization, read the document carefully, perform a reasonable factual inquiry, verify the legal basis or a good-faith argument for changing the law, and ensure the filing is not for an improper purpose.

• Following those steps helps satisfy the rule’s certification requirements and reduces the risk of sanctions under 2200.101 and 2200.104.

Under 2200.32 the signer must state that, to the best of their knowledge, information, and belief formed after reasonable inquiry, the allegations are well grounded in fact; the rule does not require direct personal knowledge of every fact.

• The standard is what the signer believes after making a reasonable inquiry into the facts, not absolute personal firsthand knowledge of everything asserted.

Under 2200.32 a signer should promptly file an appropriate corrective filing (for example, an amended pleading or a notice of correction) and explain the basis for the correction to minimize any misleading effect.

• Acting quickly to correct errors helps address concerns about the original certification and can reduce the likelihood of sanctions described in 2200.101 and 2200.104.

Under 2200.32 "reasonable inquiry" means the signer should make an appropriate factual and legal check of the issues in the pleading before certifying it; the rule itself requires the belief be formed after such an inquiry but does not prescribe a fixed checklist.

• If you need more detailed Commission guidance on what constitutes adequate inquiry in a particular situation, consult Commission decisions and practice guides; also follow the practical steps described in the rule to document your inquiry.

Under 2200.32 the rule itself does not address website postings, but OSHA's Letter of Interpretation explains that OSHA posts major settlement agreements on its website while most settlement agreements are not posted but remain subject to FOIA; the letter also notes that 2200.100(c) requires settlement agreements to be posted in the same manner as citations and notices of contest.

• See OSHA’s Letter of Interpretation at OSHA website citation postings | September 27, 2004 for the Agency’s explanation of posting practices and FOIA implications.

Under 2200.32 signing without authorization means the representative made a false representation and both the signing party or representative may be subject to sanctions.

• Sanctions available are described in 2200.101 and 2200.104, so unauthorized signing can lead to disciplinary or procedural consequences.

Under 2200.32 attorneys and non-attorney representatives are treated the same: a signature by either constitutes the same certifications and obligations.

• The rule explicitly states that representatives must understand the Commission’s rules and orders apply equally to attorneys and non-attorneys.