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Rule 38 Damages for frivolous appeal.

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Rule Text

In civil cases, if the appellate court shall determine on motion or ex mero motu that an appeal is frivolous, it may award just damages and single or double costs to the appellee.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If someone files an appeal in a civil case that has no real legal merit, the appeals court can punish them for wasting everyone's time. The court can do this on its own, or the other side can ask for it through a motion.

The punishment can include making the person who filed the frivolous appeal pay money damages to the other side. The court can also make them pay the regular court costs, or even double those costs. This rule exists to stop people from filing appeals just to delay a case or annoy the other side when there's no good legal reason to appeal in the first place.

If you're thinking about appealing a civil case, this rule is a good reason to make sure your appeal has real legal grounds. Filing an appeal just to buy time or frustrate the other party can end up costing you more money in the long run.

Committee Notes

Committee Comments

Rule 38 is broader than former Supreme Court Rule 17 which applied only where the appeal was brought for delay. It covers all situations where the appeal is brought either for delay or for any frivolous reason, or where oral argument is demanded frivolously or for delay alone. The term “frivolous appeals” is intended to be broader than the title to the counterpart FRAP Rule 38 which speaks of “damages for delay”, and encompasses delay as well as any other frivolous appeal which may justify the imposition of the sanctions permitted by the rule. Sayre v. Dickerson, 275 Ala. 371, 155 So.2d 327, and other cases like it will not be followed.

Since the appellant will have borne the costs of preparing the original record and the appendix, the imposition of double costs could be significant. Of course, certain costs are payable to the appellate court, but these are typically minor in total amount.

← Previous Rule 37: Interest on judgments. Next → Rule 39: Petitions for writ of certiorari - Review of decisions of courts of appeal.

Cross-References

Referenced By (1)

Ala. R. App. P. Rule 2

This Rule Set

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Last updated: October 2026

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