Rule 8.276. Sanctions
Cal. Rules of Court, rule 8.276
Current text effective January 1, 2008.
#(a) Grounds for sanctions
On motion of a party or its own motion, a Court of Appeal may impose sanctions, including the award or denial of costs under rule 8.278, on a party or an attorney for:
#(1) Taking a frivolous appeal or appealing solely to cause delay;
#(2) Including in the record any matter not reasonably material to the appeal's determination;
#(3) Filing a frivolous motion; or
#(4) Committing any other unreasonable violation of these rules.
(Subd (a) amended and relettered effective January 1, 2008; adopted as subd (e); previously amended effective January 1, 2007.)
#(b) Motions for sanctions
#(1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.
#(2) If a party files a motion for sanctions with a motion to dismiss the appeal and the motion to dismiss is not granted, the party may file a new motion for sanctions within 10 days after the appellant's reply brief is due.
(Subd (b) amended and lettered effective January 1, 2008; adopted as part of subd (e); previously amended effective January 1, 2007.)
#(c) Notice
The court must give notice in writing if it is considering imposing sanctions.
(Subd (c) amended and lettered effective January 1, 2008; adopted as part of subd (e); previously amended effective January 1, 2007.)
#(d) Opposition
Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent. An opposition may not be filed unless the court sends such notice.
(Subd (d) amended and lettered effective January 1, 2008; adopted as part of subd (e); previously amended effective January 1, 2007.)
#(e) Oral argument
Unless otherwise ordered, oral argument on the issue of sanctions must be combined with oral argument on the merits of the appeal.
(Subd (e) amended and lettered effective January 1, 2008; adopted as part of subd (e); previously amended effective January 1, 2007.)
#History
Rule 8.276 amended effective January 1, 2008; repealed and adopted as rule 27 effective January 1, 2003; previously amended and renumbered effective January 1, 2007.
What this rule requires
Filing Timing and Cure Windows
A party must file a motion for sanctions before any order dismissing the appeal and no later than 10 days after the appellant's reply brief is due.
The rule's wording
(1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.
(2) If a party files a motion for sanctions with a motion to dismiss the appeal and the motion to dismiss is not granted, the party may file a new motion for sanctions within 10 days after the appellant's reply brief is due.
Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent. An opposition may not be filed unless the court sends such notice.
Service and Proof of Service Rules
A party must serve a motion for sanctions before any order dismissing the appeal and no later than 10 days after the appellant's reply brief is due.
The rule's wording
(1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.
Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent. An opposition may not be filed unless the court sends such notice.
Pre-Motion Conference Requirements
Unless otherwise ordered, oral argument on the issue of sanctions must be combined with oral argument on the merits of the appeal.
Document Filing Requirements
A party's motion for sanctions must include a declaration supporting any monetary sanction sought.
The rule's wording
(1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.
The court must give notice in writing if it is considering imposing sanctions.
Official text: courts.ca.gov , checked October 19, 2026.