Rule · Federal Rules of Appellate Procedure
Fed. R. App. P. 38 — Frivolous Appeal—Damages and Costs
Fed. R. App. P. 38
- Type
- Rule
- Source
- Federal Rules of Appellate Procedure
- Jurisdiction
- Federal
- Date
- 2026-10-22
- Current through
- Nov 3, 2026 (Office of the Law Revision Counsel)
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.
Citator
Fed. R. App. P. 38 — Frivolous Appeal—Damages and Costs is in force in the current edition of the Code, and nothing recorded condemns it.
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.