Section 9.16 Filing a Motion

• Library: App Ct Prac 2015 Supp

A. (§9.16) Filing a Motion

In those cases when counsel believes the appellant’s appeal or cross-appeal is frivolous, counsel should consider filing a motion for sanctions with the court. Sanctions may also be awarded in original writ proceedings as well. While the court has, on occasion, awarded sanctions sua sponte, it is in counsel’s best interests to consider filing a motion if counsel wants to bring the issue to the court’s attention. But counsel should be prudent in filing such a motion because they are applicable only in limited circumstances. Such motions should be reserved for cases where the...