Responding to "Frivolous" Penalties or Accusations, Form #05.027

•  Sample
•  PDF in member subscriptions
• Member Subscriptions

---

Blacks Law Dictionary, Sixth Edition, 1990, p. 668:

Frivolous.  Of little weight or importance.  A pleading is "frivolous" when it is clearly insufficient on its face and does not controvert the material points of the opposite pleading, and is presumably interposed for mere purposes of delay or to embarrass the opponent.  A claim or defense is frivolous if a proposent can present no rational argument based upon the evidence or law in support of that claim or defense.  Liebowitz v. Aimexco Inc., Col.App., 701 P.2d 140, 142.  Frivolous pleadings may be amended to proper form or ordered stricken under federal and state rules of civil procedure." 

[Blacks Law Dictionary, Sixth Edition, 1990, p. 668]

---

Wilcox v. C.I.R., 848 F.2d. 1007 (C.A.9,1988)

An appeal is frivolous if the result is obvious, or the arguments of error are wholly without merit. DeWitt v. Western Pac. R.R., 719 F.2d 1448, 1451 (9th Cir.1983). This court has previously held that all of the contentions which Wilcox raises are frivolous or wholly without merit. See Carter, 784 F.2d at 1009; Nunley, 758 F.2d at 373; Rockwell, 512 F.2d at 887.

[Wilcox v. C.I.R., 848 F.2d. 1007 (C.A.9,1988)]