(a) The Chief Administrator of the Courts, with the advice and consent of the Administrative Board of the Courts, shall adopt rules providing for costs and sanctions as follows:

1. (1) in civil actions and proceedings in any trial or appellate court in the Unified Court System: providing for the award of costs, including reasonable attorney's fees, or the imposition of financial sanctions, or both, for frivolous conduct in litigation by any party or attorney; and
2. (2) in actions and proceedings in any trial or appellate court in the Unified Court System: providing for the award of costs, including reasonable attorney's fees, or the imposition of financial sanctions, or both, upon an attorney, who, without good cause, fails to appear at a time and date scheduled for an action or proceeding to be heard before a designated court.

(b) The rules shall include:

1. (1) a definition of frivolous conduct (civil cases);
2. (2) the factors to be considered in determining whether costs or sanctions should be awarded or imposed;
3. (3) a provision that the awarding of costs or imposition of financial sanctions by a court may be upon motion or upon the court's own initiative;
4. (4) a maximum monetary limit on sanctions;
5. (5) the opportunity to be heard before costs or sanctions are awarded or imposed; and
6. (6) a requirement that reasons for the award of costs or imposition of sanctions be set forth in writing or on the record.