Rules of Appellate Procedure

(Applicable to Civil Cases)

Rules of Appellate Procedure Appellate Procedure Rule 25: Damages for Delay

Effective Date: 07/01/1979
Updates: Amended December 22, 1978, effective January 15, 1979 Amended May 15, 1979, effective July 1, 1979

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Rule 25

If the appellate court shall determine that an appeal is frivolous, it may award just damages and single or double costs to the appellee, and such interest on the amount of the judgment as may be allowed by law.

Reporter's notes

(1979) Rule 25 is limited to civil cases.

(1973) Appellate Rule 25, taken from F.R.A.P. 38, allows the court to award damages and appropriate costs if it determines that an appeal was taken frivolously. See Oscar Gruss & Son v. Lumberman’s Mutual Casualty Co., 422 F.2d 1278, 1283-1284 (2d Cir.1970). This is new to Massachusetts practice.

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Updates: Amended December 22, 1978, effective January 15, 1979 Amended May 15, 1979, effective July 1, 1979

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