If the Supreme Court determines that a direct appeal or a petition for review is frivolous, it may — on motion of any party or on its own initiative, after notice and a reasonable opportunity for response — award to each prevailing party just damages. In determining whether to award damages, the Court must not consider any matter that does not appear in the record, briefs, or other papers filed in the court of appeals or the Supreme Court.
Official Notes and Commentary
Comment to 1997 change: This is former Rule 182(b). The rule is changed from allowing a sanction when an appeal “filed for delay and without sufficient cause” to allowing a sanction when the appeal is “frivolous.” A requirement for notice and an opportunity to respond is included.