Rule 9.410 — Sanctions

Rule 9.410 — Sanctions

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(a) Court’s Motion. After 10 days’ notice, on its own motion, the court may impose sanctions for any violation of these rules, or for the filing of any proceeding, motion, brief, or other paper that is frivolous or in bad faith. Such sanctions may include reprimand, contempt, striking of briefs or pleadings, dismissal of proceedings, costs, attorneys’ fees, or other sanctions.

(b) Motion by a Party.

  1. (1) Applicability. Any contrary requirements in these rules notwithstanding, the following procedures apply to a party seeking an award of attorneys’ fees as a sanction against another party or its counsel pursuant to general law.
  2. (2) Proof of Service. A motion seeking attorneys’ fees as a sanction shall include an initial certificate of service, pursuant to rule 9.420(d) and subdivision (3) of this rule, and a certificate of filing, pursuant to subdivision (4) of this rule.
  3. (3) Initial Service. A copy of a motion for attorneys’ fees as a sanction must initially be served only on the party against whom sanctions are sought. That motion shall be served no later than the time for serving any permitted response to a challenged paper or, if no response is permitted as of right, within 15 days after a challenged paper is served or a challenged claim, defense, contention, allegation, or denial is made at oral argument. A certificate of service that complies with rule 9.420(d) and that reflects service pursuant to this subdivision shall accompany the motion and shall be taken as prima facie proof of the date of service pursuant to this subdivision. A certificate of filing pursuant to subdivision (4) of this rule shall also accompany the motion, but should remain undated and unsigned at the time of the initial service pursuant to this subdivision.
  4. (4) Filing and Final Service. If the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected within 21 days after initial service of the motion under subdivision (3), the movant may file the motion for attorneys’ fees as a sanction with the court (a) no later than the time for service of the reply brief, if applicable, or (b) no later than 45 days after initial service of the motion, whichever is later. The movant shall serve upon all parties the motion filed with the court. A certificate of filing which complies in substance with the form below, and which shall be dated and signed at the time of final service pursuant to this subdivision, shall be taken as prima facie proof of such final service.

    I certify that on . . . . .(date). . . . . , a copy of this previously served motion has been furnished to .....(court)..... by .....hand delivery/mail/other delivery source..... and has been furnished to .....(name or names)..... by .....hand delivery/mail/other delivery source......

    /s/ .
    Attorney for .....(name of party).....
    .....(address, e-mail address, and phone number).....
    Florida Bar No. ...............

  5. (5) Response. A party against whom sanctions are sought may serve 1 response to the motion within 10 days of the final service of the motion. The court may shorten or extend the time for response to the motion.

Penalties for Misconduct: This rule gives the appellate court the power to impose sanctions (penalties) on a party or their lawyer for violating the rules, or for filing something that is frivolous or in bad faith.

(a) By the Court's Own Initiative: The court, on its own, can impose sanctions after giving 10 days' notice. Sanctions can range from a simple reprimand to striking a brief, dismissing the entire appeal, or ordering the payment of costs and attorney's fees.

(b) By Motion of a Party (The "Safe Harbor" Rule): If one party wants to seek attorney's fees as a sanction against another, they must follow a specific two-step process:

  1. Initial Service (The Warning Shot): First, the party must serve the motion for sanctions *only* on the opposing party they are accusing of misconduct. They do **not** file it with the court at this time.
  2. 21-Day "Safe Harbor": The accused party then has **21 days** to withdraw or correct the frivolous filing or argument. If they fix the problem within this "safe harbor" period, the motion for sanctions cannot be filed with the court.
  3. Filing with the Court: If the problem is not fixed after 21 days, the moving party can then file the motion with the court and serve it on all parties, seeking sanctions.

This procedure is designed to discourage frivolous filings by giving parties a chance to correct their mistakes before facing penalties from the court.

Rule 9.400 Rule 9.420
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