§ 11.2.10 Award of Attorneys' Fees As Appellate Sanctions.

• Jurisdiction: Arizona

§ 11.2.10 Award of Attorneys’ Fees As Appellate Sanctions. Pursuant to ARCAP 25, when an appeal or a motion is frivolous or filed solely for the purpose of delay, or when any party has violated the appellate rules, the appellate court may impose upon the offending attorneys or parties reasonable penalties or damages, including attorneys’ fees. See ABC Supply, Inc. v. Edwards, 191 Ariz. 48, 56-57, 952 P.2d 286, 294-95 (App. 1996) (amended). While appellate courts traditionally use their authority to impose sanctions under ARCAP 25 with “great reservation,” Ariz. Tax Research Ass’n v. Dep’t of Revenue, 163 Ariz. 255, 258, 787 P.2d 1051, 1054 (1989), the court of appeals has stated its belief that the judiciary should be active in imposing sanctions on counsel whose conduct is wholly unreasonable, see ABC Supply, 191 Ariz. at 55, 952 P.2d at 293.

An appeal should be held to be frivolous when it is prosecuted for an improper motive (e.g., to harass a respondent or delay the effect of an adverse...