Miss. R. App. P. 38

As amended through March 21, 2024

Rule 38 - Damages for Frivolous Appeal

In a civil case to which Miss. Code Ann. 11-3-23(1991)does not apply, if the Supreme Court or Court of Appeals shall determine that an appeal is frivolous, it shall award just damages and single or double costs to the appellee.

Miss. R. App. P. 38

Advisory Committee Historical Note

Effective January 1, 1995, Miss.R.App.P. 38 replaced Miss.Sup.Ct.R. 38, embracing proceedings in the Court of Appeals. 644-647 So.2d LXXVIII (West Miss.Cases 1994).

Comment

Unlike Fed. R. App. P. 38, this rule applies only to civil appeals, and does not apply to criminal cases. The rule applies when an appeal is frivolous. There is no requirement that the appeal have resulted in delay.

The damages to be awarded may include attorneys' fees and other expenses incurred by an appellee. Interest is treated separately and is governed by Rule 37.

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