In response to the Idaho Supreme Court’s controversial decision in Hoffer v. Shappard, 160 Idaho 868, 380 P.3d 681 (2016), the Idaho legislature amended Idaho Code § 12-121 (effective March 1, 2017). The statute now reads:
In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. This section shall not alter, repeal or amend any statute that otherwise provides for the award of attorney’s fees.
In response to the change, the Idaho Supreme Court recently announced an amendment to Idaho Rule of Civil Procedure 54, adding the following provision as Rule 54(e)(2):
Pursuant to Idaho Code Section 12-121. Pursuant to the statutory amendment effective March 1, 2017, attorney fees under Idaho Code Section 12-121 may be awarded by the court only when it finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation, which finding must be in writing and include the basis and reasons for the award. No attorney fees may be awarded pursuant to Idaho Code Section 12-121 on a default judgment.
Rule 54(e)(2) is effective retroactively as of March 1, 2017. You can read the full amendment here: https://isc.idaho.gov/rules/Amendment_of_IRCP_54_03.01.17.pdf.