RULE 38.  FRIVOLOUS CIVIL APPEALS—DAMAGES AND COSTS

(a)   Frivolous Appeals; Costs. If the Supreme Court determines that an appeal is frivolous, it may impose monetary sanctions.

(b)   Frivolous Appeals; Attorney Fees as Costs.  When an appeal has frivolously been taken or been processed in a frivolous manner; when circumstances indicate that an appeal has been taken or processed solely for purposes of delay, when an appeal has been occasioned through respondent’s imposition on the court below; or whenever the appellate processes of the court have otherwise been misused, the court may, on its own motion, require the offending party to pay, as costs on appeal, such attorney fees as it deems appropriate to discourage like conduct in the future.

[As amended; effective July 1, 2009.]