Tex. R. App. P. 45 · TWO. APPEALS FROM TRIAL COURT JUDGMENTS AND ORDERS
Damages for Frivolous Appeals in Civil Cases
Text — Updated with Amendments Effective February 6, 2026
If the court of appeals determines that an appeal is frivolous, it may — on motion of any party or on its own initiative, after notice and a reasonable opportunity for response — award each prevailing party just damages. In determining whether to award damages, the court must not consider any matter that does not appear in the record, briefs, or other papers filed in the court of appeals.
Notes and commentary — not rule text
Notes and Comments
Comment to 1997 change: This is former Rule 84. The limit on the amount of the sanction that may be imposed is repealed. A requirement of notice and opportunity to respond is added.
Source of truth
- Edition
- Updated with Amendments Effective February 6, 2026
- Official file
- https://www.txcourts.gov/media/1463134/texas-rules-of-appellate-procedure-02062026.pdf (PDF pages 79)
- Text hash
- sha256 77488e840290e44de1bfc7169ebc2d0c1a42362fd1c1bed35d193b67463c1f9e
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.