(a) Damages for delay or frivolous appeal. Except in a first appeal of right in a criminal case, if the court determines that a motion made or appeal taken under these rules is either frivolous or for delay, it will award just damages, which may include single or double costs, as defined 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’s attorney.
(b) Definitions. For the purposes of these rules, a frivolous appeal, motion, brief, or other document is one that is not grounded in fact, not warranted by existing law, or not based on a good faith argument to extend, modify, or reverse existing law. An appeal, motion, brief, or other document interposed for the purpose of delay is one interposed for any improper purpose such as to harass, cause needless increase in the cost of litigation, or gain time that will benefit only the party filing the appeal, motion, brief, or other document.
(1) The court may award damages on any party’s request or on its own motion. A party may request damages under this rule only as part of the appellee’s motion for summary disposition under Rule 10, as part of the appellee’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 to show cause why such damages should not be awarded. The order to show cause will set forth the allegations that form the basis of the damages and permit at least ten days in which to respond unless otherwise ordered for good cause shown. The order to show cause may be part of the notice of oral argument.
(3) The court will not award damages without affording the party against whom damages may be awarded an opportunity to file a written objection. If a request for damages is included in a filing to which a response or reply is permitted by applicable rules or by a court order, any written objection to the request must be included in that response or reply. When applicable rules or a court order do not provide for a response or reply, the court will issue a notice affording the opposing party an opportunity to submit a written objection to the request for damages. Any hearing will be at the court’s discretion.