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Fla. R. App. P. 9.410

Sanctions

activein force · 2026-09-01 – presentact-effective-date

(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 document

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) 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) 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 (b)(3) of this rule, and a certificate of

filing, pursuant to subdivision (b)(4) of this rule.

(3) Initial Service. A motion for attorneys’ fees as a

sanction must initially be served only on the party against whom

sanctions are sought. Initial service shall be made in conformity

with the requirements of Florida Rule of General Practice and

Judicial Administration 2.516. That motion shall be served no later

than the time for serving any permitted response to a challenged

document or, if no response is permitted as of right, within 20 days

after a challenged document 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 (b)(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) Filing and Final Service. If the challenged document,

claim, defense, contention, allegation, or denial is not withdrawn or

appropriately corrected within 21 days after initial service of the

motion under subdivision (b)(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 that 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......

(5) Response. A party against whom sanctions are

sought may serve 1 response to the motion within 15 days of the

final service of the motion. The court may shorten or extend the

time for response to the motion.

History

Committee Notes 1977 Amendment. This rule replaces former rule 3.17. This rule specifies the penalties or sanctions that generally are imposed, but does not limit the sanctions available to the court. The only change in substance is that this rule provides for 10 days notice to the offending party before imposition of sanctions. 2010 Amendment. Subdivision (b) is adopted to make rule 9.410 consistent with section 57.105, Florida Statutes (2009).

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
5ef2e6118e24553b2539140660707cfa3406d56deac7aa74a45233fced17cc86
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Fla. R. App. P. 9.410 — Sanctions · binding.law