Rule 34 - Frivolous Appeals; Sanctions(a) A court of the appellate division may, on its own initiative or motion of a party, impose a sanction against a party or attorney or both when the court determines that an appeal or any proceeding in an appeal was frivolous because of one or more of the following:(1) the appeal was not well-grounded in fact and was not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law;(2) the appeal was taken or continued for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;(3) a petition, motion, brief, record, or other item filed in the appeal was grossly lacking in the requirements of propriety, grossly violated appellate court rules, or grossly disregarded the requirements of a fair presentation of the issues to the appellate court.(b) A court of the appellate division may impose one or more of the following sanctions: (1) dismissal of the appeal;(2) monetary damages including, but not limited to,a. single or double costs,b. damages occasioned by delay,c. reasonable expenses, including reasonable attorney fees, incurred because of the frivolous appeal or proceeding;(3) any other sanction deemed just and proper.(c) A court of the appellate division may remand the case to the trial division for a hearing to determine one or more of the sanctions under subdivisions (b)(2) or (b)(3) of this rule.(d) If a court of the appellate division remands the case to the trial division for a hearing to determine a sanction under subsection (c) of this rule, the person subject to sanction shall be entitled to be heard on that determination in the trial division.287 N.C. 671; 368 N.C. 1067; 324 N.C. 613; 350 N.C. 858; 354 N.C. 609; 363 N.C. 901; 379 N.C. 694.
Amended October 13, 2021, effective 1/1/2022; amended June 18, 2024, effective 6/18/2024.