Frivolous Appeal—Damages and Costs

If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and 43 FEDERAL RULES OF APPELLATE PROCEDURE Rule 40 reasonable opportunity to respond, award just damages and single or double costs to the appellee. (As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998.)