1997 Rules of Appellate Procedure

Rule 21	Rule 22	Rule 23	Rule 24	Rule 25	Rule 26	Rule 27	Rule 28	Rule 29	Rule 30
Rule 31	Rule 32	Rule 33	Rule 34	Rule 35	Rule 36	Rule 37	Rule 38	Rule 39	Rule 40
Rule 41	Rule 42	Rule 43	Rule 44	Rule 45	Rule 46	Rule 47	Rule 48	Rule 49	Rule 50
Rule 51

RULE 45. DAMAGES FOR FRIVOLOUS APPEALS IN CIVIL CASES

If the court of appeals determines that an appeal is frivolous, it may — on motion of any party or on its own initiative, after notice and a reasonable opportunity for response — award each prevailing party just damages. In determining whether to award damages, the court must not consider any matter that does not appear in the record, briefs, or other papers filed in the court of appeals.

Notes and Comments
Comment to 1997 change: This is former Rule 84. The limit on the amount of the sanction that may be imposed is repealed. A requirement of notice and opportunity to respond is added.

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