KANSAS STATUTES AND CODES

44-536a. Signing of pleadings, motions and other papers; liability for frivolous filings.

44-536a

Chapter 44.--LABOR AND INDUSTRIES Article 5.--WORKERS COMPENSATION

44-536a. Signing of pleadings, motions and other papers; liability forfrivolous filings.(a) Every pleading, motion and other paper provided for by theworkers compensation act ofany party, who is represented by anattorney, shall be signed byat least one attorney of record in the attorney's individual name, and theattorney's addressand telephone number shall be stated. A pleading, motion or other paperprovided for by the workers compensation actof any party who is not represented byan attorney shall be signed by the party and shall state the party's address.

(b) Except whenotherwise specifically provided by rule and regulation of the director,pleadings need notbe verified or accompanied by an affidavit. The signature of a personconstitutes a certificate by theperson (1) that the person has read the pleading, (2) that tothe best of the person's knowledge, information andbelief formed afterreasonable inquiry, the pleading is well grounded in fact and is warranted byexistinglaw or a good faith argument for the extension, modification or reversal ofexisting law, and (3) that the pleading is not imposed for any improperpurpose, such asto harass or to cause unnecessary delay or needless increase in the cost ofresolving disputed claims for benefits.

(c) If any pleading, motion or other paper provided for by the workerscompensation actis not signed, such pleading, motion or other paper shall not be accepted andshall be void unless it is signedpromptly after the omission is called to the attention of the pleader ormovant.

(d) If a pleading, motion or other paper provided for by the workerscompensation actis signed in violation ofthis section, the administrative law judge, director or board, upon motion orupon its own initiative upon noticeand after opportunity to be heard, shall impose upon the person who signedsuch pleading or a represented party, or both, an appropriate sanction, whichmayinclude an order to pay to the other party or parties the amount of thereasonable expenses incurred because of the filing of the pleading, motionor other paper, including reasonable attorney fees.

History: L. 1993, ch. 286, § 20; July 1.