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Miss. R. App. P. 38

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 38 Damages for Frivolous Appeal

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Rule Text

In a civil case 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.

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 a civil appeal that has no real legal basis, the appeals court can punish them for wasting everyone's time and money. If the court decides the appeal was frivolous, meaning it had no honest chance of winning, the court will order the person who filed it to pay damages to the other side.

The court can also make the person pay extra court costs, either the normal amount doubled or some other fair amount the court decides on. This rule exists to stop people from filing appeals just to delay a case or annoy the other side. If you win a case at trial and the other person appeals just to drag things out without a real legal argument, this rule gives you a way to recover money for the trouble and expense they caused you.

Committee Notes

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.

← Previous Rule 37: Interest on Judgments Next → Rule 39: Execution of Judgment in Criminal Cases