Fed. R. App. P. 38 — Frivolous Appeal—Damages and Costs

Federal Rules of Appellate Procedure · Version 2025-12-01 · Status: active · VII General Provisions

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Rule text

If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee.

Notes and Comments

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.)

Official source