5-4. What are the procedures for appellate court sanctions?

A. Appellate sanctions are only awarded by motion of a party or on the court's own motion. Sanctions requests may not be included in appellate briefs. The court will not consider a sanctions request that is only made in a party's brief. A party's motion for sanctions must be served and filed no later than 10 days after an appellant's reply brief is due. (Rule 8.276(e).)

B. Grounds include: taking a frivolous appeal, appealing solely to cause delay, unreasonably violating court rules or a court order, and filing an appendix that contains inaccurate copies of documents. (Rules 8.124(g), and 8.276(e)(1).)

C. The court will provide written notice to the parties if it is considering sanctions. Only then should the opposing party file an opposition to the sanctions motion. Any opposition must be served and filed within 10 days after the court gives such notice. (Rule 8.276(e)(3).) Oral argument on the sanctions motion usually is heard in conjunction with the appeal on the merits.