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Rule 33. Damages for delay or frivolous appeal; recovery ofattorney fees.

(a) Damages for delay or frivolous appeal.Except in a first appeal of right in a criminal case, if the court determinesthat a motion made or appeal taken under these rules is either frivolous or fordelay, it will award just damages, which may include single or double costs, asdefined in Rule 34, and/or reasonable attorney fees, to the prevailing party.The court may order that the damages be paid by the party or by the party?sattorney.

(b) Definitions. For the purposes of theserules, a frivolous appeal, motion, brief, or other document is one that is notgrounded in fact, not warranted by existing law, or not based on a good faithargument to extend, modify, or reverse existing law. An appeal, motion, brief,or other document interposed for the purpose of delay is one interposed for anyimproper purpose such as to harass, cause needless increase in the cost oflitigation, or gain time that will benefit only the party filing the appeal,motion, brief, or other document.

(c) Procedures.

(1) The court may award damages on any party?s requestor on its own motion. A party may request damages under this rule only as partof the appellee?s motion for summary disposition under Rule 10, as part of theappellee?s brief, or as part of a party?s response to a motion or other document.

(2) If the award of damages is on the court?s motion,the court will issue to the party, the party?s attorney, or both an order toshow cause why such damages should not be awarded. The order to show cause willset forth the allegations that form the basis of the damages and permit atleast ten days in which to respond unless otherwise ordered for good causeshown. The order to show cause may be part of the notice of oral argument.

(3) The court will not award damages without affordingthe party against whom damages may be awarded an opportunity to file a writtenobjection. If a request for damages is included in a filing to which a responseor reply is permitted by applicable rules or by a court order, any written objectionto the request must be included in that response or reply. When applicablerules or a court order do not provide for a response or reply, the court willissue a notice affording the opposing party an opportunity to submit a writtenobjection to the request for damages. Any hearing will be at the court?sdiscretion.

Effective November 1, 2020