5th Cir. R. 42.2 — Frivolous and Unmeritorious Appeals — TX · BenchPath
5th Cir. R. 42.2 — Frivolous and Unmeritorious Appeals
High confidence· verified September 26, 2026Local Rules
Summary
5th Cir. R. 42.2 — Frivolous and Unmeritorious Appeals: the court's own rule, verbatim from RULES and INTERNAL OPERATING PROCEDURES OF THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT (December 2025), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Fifth Circuit alongside the Federal Rules of Appellate Procedure.
Requirement
If upon the hearing of any
interlocutory motion or as a result of a review under 5TH CIR. R. 34, it appears to the court that
the appeal is frivolous and entirely without merit, the appeal will be dismissed.
Source of truth
If upon the hearing of any
interlocutory motion or as a result of a review under 5TH CIR. R. 34, it appears to the court that
the appeal is frivolous and entirely without merit, the appeal will be dismissed.