Rule 38. Frivolous Appeal—Damages and Costs

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TITLE 28 App. > FEDERAL > TITLE > Rule 38. Frivolous Appeal Damages and Costs Rule 38. Frivolous Appeal—Damages and Costs 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

Links Federal Rules of Appellate Procedure I. Applicability of Rules 1. Scope of Rules 2. Suspension of Rules II. Appeal From a Judgment or Order of a District Court 3. Appeal as of Right—How Taken 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case (Abrogated) 4. Appeal as of RightWhen Taken 5. Appeal by Permission 5.1. Appeal by Leave under 28 U.S.C. § 636(c)(5) (Abrogated) 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel 7. Bond for Costs on Appeal in a Civil Case 8. Stay or Injunction Pending Appeal 9. Release in a Criminal Case 10. The Record on Appeal 11. Forwarding the Record 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record III. Review of a Decision of the United States Tax Court 13. Review of a Decision of the Tax Court 14. Applicability of Other Rules to the Review of a Tax Court Decision IV. Review or Enforcement of an Order of an Administrative Agency, Board, Commission, or Officer 15. Review or Enforcement of an Agency Order—How Obtained; Intervention 15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding 16. The Record on Review or Enforcement 17. Filing the Record 18. Stay Pending Review 19. Settlement of a Judgment Enforcing an Agency Order in Part 20. Applicability of Rules to the Review or Enforcement of an Agency Order V. Extraordinary Writs 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs VI. Habeas Corpus; Proceedings in Forma Pauperis 22. Habeas Corpus and Section 2255 Proceedings 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding 24. Proceeding in Forma Pauperis VII. General Provisions 25. Filing and Service 26. Computing and Extending Time 26.1. Corporate Disclosure Statement 27. Motions 28. Briefs 28.1. Cross-Appeals 29. Brief of an Amicus Curiae 30. Appendix to the Briefs 31. Serving and Filing Briefs 32. Form of Briefs, Appendices, and Other Papers 32.1. Citing Judicial Dispositions 33. Appeal Conferences 34. Oral Argument 35. En Banc Determination 36. Entry of Judgment; Notice 37. Interest on Judgment 38. Frivolous Appeal—Damages and Costs 39. Costs 40. Petition for Panel Rehearing 41. Mandate: Contents; Issuance and Effective Date; Stay 42. Voluntary Dismissal 43. Substitution of Parties 44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party 45. Clerk’s Duties 46. Attorneys 47. Local Rules by Courts of Appeals 48. Masters

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Rule 38. Frivolous Appeal—Damages and Costs

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