When a partnership or other unincorporated association is the party under a common name the verification may be made by a member or officer thereof.
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When a corporation is a party the verifications may be made by any officer or agent thereof. Affidavits or verifications authorized or permitted under these Rules shall be written statements or declarations by a party or his attorney of record or of a witness, sworn to or affirmed before an officer authorized to administer oaths, that the affiant knows the facts stated to be true of his own knowledge, except as to those matters stated on information and belief and as to those matters that he believes them to be true.
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This Rule 11(b) retains the requirements of Circuit Court Rule 7, and represents no change in State or Federal practice. If a pleading, motion, or other paper is signed in violation of this Rule, the court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion or other paper, including a reasonable attorney's fee. If a pleading, motion or other paper is not signed or does not comply with this Rule, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. There is no duty of consultation on motions to dismiss, for summary judgment, for new trial, or judgment NOV, or on motions in Family Court for temporary relief pursuant to Family Court Rule 21, or in real estate foreclosure cases, or with pro se litigants. The written or electronic signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion or other paper that to the best of his knowledge, information and belief there is good ground to support it and that it is not interposed for delay.Īll motions filed shall contain an affirmation that the movant's counsel prior to filing the motion has communicated, orally or in writing, with opposing counsel and has attempted in good faith to resolve the matter contained in the motion, unless the movant's counsel certifies that consultation would serve no useful purpose, or could not be timely held.
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Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. A party who is not represented by an attorney shall sign his pleading, motion or other paper and state his address. Every pleading, motion or other paper of a party represented by an attorney shall be signed in his individual name by at least one attorney of record who is admitted to practice law in South Carolina, and whose address and telephone number shall be stated.