Rule · Federal Rules of Appellate Procedure

Rule 38. Frivolous Appeal — Damages and Costs

Federal Rules of Appellate Procedure § 38

Type: Rule
Source: Federal Rules of Appellate Procedure
Jurisdiction: Federal
Date: 2026-07-10
Topic: general

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

Rule38. 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.

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