Rule 38. Sanctions

(a) General Powers of the Court; Sanctions for Non-Compliance. The appellate court may dismiss an appeal or other appellate proceeding or impose other sanctions it deems appropriate, including attorney fees, for the failure to comply with any of its orders or these appellate rules, including for failure to prosecute the appeal, cause timely transmission of the record, or file an opening brief.

(b) Sanctions for Frivolous Appeal. If the appellate court determines that an appeal or cross-appeal is frivolous, it may award damages it deems appropriate, including attorney fees, and single or double costs to the appellee or cross-appellee.

Committee Notes

Source: Entire rule amended and effective June 23, 2014; entire rule and comment