|1997 Rules of Appellate Procedure|
|Rule 53||Rule 54||Rule 55||Rule 56||Rule 57||Rule 58||Rule 59||Rule 60|
|Rule 61||Rule 62||Rule 63||Rule 64||Rule 65|
RULE 62. DAMAGES FOR FRIVOLOUS APPEALS
If the Supreme Court determines that a direct appeal or a petition for review is frivolous, it may on motion of any party or on its own initiative, after notice and a reasonable opportunity for response award to 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 or the Supreme Court.
Notes and Comments
Comment to 1997 change: This is former Rule 182(b). The rule is changed from allowing a sanction when an appeal filed for delay and without sufficient cause to allowing a sanction when the appeal is frivolous. A requirement for notice and an opportunity to respond is included.
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Last modified: March 25, 2010