Category: Idaho Appellate Practice Blog


The Stoel Rives’ Idaho Appellate Practice Blog provides regular updates on appellate practice before the Idaho appellate courts. Our goal is to build a resource on the procedures, rules, and practices of handling appeals before the Idaho Supreme Court and Idaho Court of Appeals. We intend to provide updates on new decisions, rule changes, and other matters of interest effecting practice before Idaho’s appellate courts.

The summaries of the cases on the blog are prepared by Christopher Pooser, who practices in Stoel Rives’ Boise, Idaho, office.

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Reminder: Amendments to the Idaho Appellate Rules and Idaho Rules of Civil Procedure go into effect July 1, 2017

In May, we wrote about amendments to the Idaho Appellate Rules that go into effect July 1, 2017. You can link to the blog post here. The changes impact I.A.R. 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. Key amendments address the submission of electronic briefs (they are now mandatory), the … Continue Reading

Cases of First Impression Part Three: Statute of Limitations for Foreclosure

In Baughman v. Wells Fargo Bank, 2017 Opinion 50 (May 26, 2017) (slip op.), the Supreme Court addressed a matter of first impression related to the statute of limitations in Idaho Code § 5-214A. In this case, the plaintiffs filed suit to prevent foreclosure by arguing that the foreclosure proceeding was barred by the statute … Continue Reading

Cases of First Impression Part Two: Limits of Sovereign Immunity

This Spring, the Idaho Supreme Court issued several opinions addressing issues of first impression. Below are the highlights from a second opinion addressing such an issue, Tucker v. State. In Tucker v. State, 2017 Opinion 38 (Apr. 28, 2017) (slip op.), as a matter of first impression, the Supreme Court concluded that sovereign immunity does … Continue Reading

Idaho Supreme Court Addresses Issues of First Impression

This Spring, the Idaho Supreme Court issued several opinions addressing issues of first impression. Below are the highlights from one of these opinions, Westover v. Cundick. We’ll discuss the other cases that have addressed new issues in the coming weeks. In Westover v. Cundick, 2017 Opinion 33 (Apr. 14, 2017) (slip op.), the Supreme Court … Continue Reading

Amendments to the Idaho Appellate Rules address electronic briefs, standard transcripts in criminal appeals, and appealable judgments from the magistrate courts

The Idaho Supreme Court recently announced amendments to Idaho Appellate Rules 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. The changes go into effect July 1, 2017. Attorneys handling appeals before the Supreme Court should note that the submission of electronic briefs will be mandatory. Criminal appellate attorneys will want to … Continue Reading

Idaho Supreme Court amends Idaho Rule of Civil Procedure 54 to address changes to Idaho Code § 12-121

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 … Continue Reading

Idaho Supreme Court Justice candidates are announced

Today the Idaho Judicial Council announced 15 candidates for the position of Idaho Supreme Court Justice. The position was created with the retirement of Justice Daniel Eismann. The candidates include one Idaho Court of Appeals judge, six district court judges, and eight practicing lawyers. They are: BEVAN, G. RICHARD, is a District Judge of the … Continue Reading

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise limits employers’ liability in exchange for providing sure and speedy relief for injured workers and is encapsulated in Idaho Code § 72-209, … Continue Reading

Idaho Supreme Court announces significant change to standard for attorney fees under Idaho Code § 12-121

The Idaho Supreme Court announced a new standard for an award of attorney fees under Idaho Code § 12-121. See Hoffer v. Shappard, 2016 Opinion No. 105 (Idaho Sept. 28, 2016). Section 12-121 reads: “In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties, provided that this section … Continue Reading

Objections to Attorney Fees Must Be Particular to Avoid Waiving Issue On Appeal

The Idaho Supreme Court recently instructed that to preserve issues regarding the reasonableness of attorney fee awards for appeal, objections must be stated with particularity in a motion to disallow costs. In Fagen, Inc. v. Rogerson Flats Wind Park, LLC, 2016 Opinion No. 8 (Jan. 26, 2016), following judgment, the plaintiff filed a memorandum of … Continue Reading

The Idaho Supreme Court proposes amendments to Idaho Appellate Rule 5, Special Writs and Proceedings

Idaho Appellate Rule 5 sets forth procedures for special writs and other proceedings over which the Idaho Supreme Court has original jurisdiction. The Court recently proposed adding five new subsections to the rule.  The amendments address the form of the Court’s denial of a petition for a writ of mandamus or prohibition or issuance of … Continue Reading

The Idaho Supreme Court and Court of Appeals Announce Their Spring Terms for 2016

The Idaho Supreme Court and Idaho Court of Appeals announced their respective 2016 Spring Terms in the January 2016 edition of The Advocate.  Of note, the Supreme Court does not have hearings scheduled in March and will travel to Coeur d’Alene and Lewiston in April, to Idaho Falls and Pocatello in May, and to Twin … Continue Reading

The Idaho Supreme Court Just Awarded Your Client Attorney Fees on Appeal; Don’t Forget to Timely File a Memorandum of Costs

Two recent cases before the Idaho Supreme Court highlight the procedure—and the importance of following the procedure—for securing an award of attorney fees on appeal. The first case is City of Challis v. Consent of the Governed Caucus, 2015 Opinion No. 92 (Sept. 25, 2015). There, the Court awarded attorney fees and costs to the … Continue Reading

Notes from ‘An Appellate Practice CLE’ – Part 2: motions for an extension of time, motions for an overlength brief, avoiding delays in appeals, cross-appeals, and more

In a post earlier this week, I relayed notes and practice pointers on Idaho appellate practice gathered from An Appellate Practice CLE, held on October 9, 2015. Here are some additional notes from the CLE: First motions for an extension of time to file a brief are granted 99.99% of the time. Typically, extensions are … Continue Reading

An award of attorney fees under Idaho Code § 12-120(3) may be proper in an action for declaratory or injunctive relief

Must a party seek to “recover” on a commercial transaction before attorney fees are allowed under Idaho Code § 12-120(3)? Stated differently, does an action for declaratory or injunctive relief preclude attorney fees under the statute? The Idaho Supreme Court addressed those questions in Idaho Transportation Department v. Ascorp, Inc., 2015 Opinion No. 94 (Sept. … Continue Reading

The Idaho Supreme Court and Court of Appeals announce oral argument calendars for October and November

The Idaho Supreme Court and Court of Appeals announced their oral argument calendars for the 2015 Fall Term. Official notice was published in the October edition of The Advocate. Case summaries can be found here for the Idaho Supreme Court and here for the Idaho Court of Appeals. Idaho Supreme Court Oral Argument Calendar October There … Continue Reading

Notes from An ‘Appellate Practice CLE’ – Part 1: electronic filing, average times for disposition of civil appeals, amended judgments, and more

On October 9, 2015, the Idaho Appellate Practice Section (IAPS) and the University of Idaho College of Law hosted An Appellate Practice CLE in Boise, Idaho. Steve Kenyon, the Clerk of the Idaho Supreme Court and Court of Appeals, spoke on a variety of matters concerning appeals before Idaho’s highest courts. Here are some updates, … Continue Reading

Idaho Supreme Court reiterates that circumstantial evidence can create a genuine issue of material fact on summary judgment

In Krinitt v. Idaho Department of Fish and Game, 2015 Opinion No. 89 (Sept. 25, 2015), the Idaho Supreme Court reversed a district court’s grant of summary judgment in favor of a defendant. The decision is a good illustration of the relevance of circumstantial evidence on summary judgment and a basic summary judgment standard: all … Continue Reading

Idaho Appellate Practice Section releases Idaho Appellate Handbook

On October 9, 2015, the Idaho Appellate Practice Section released the fourth edition of the Idaho Appellate Handbook. The Handbook contains 14 chapters focused on Idaho appellate practice. It is provided as a searchable PDF with hyperlinks to statute, rule, and case law citations. The Handbook’s chapters are: CHAPTER I         Introduction to the Idaho Appellate … Continue Reading

If a Trial Court Bases a Ruling on Alternative Grounds, Challenge Each Ground on Appeal

It is quite common for a trial court to base a ruling on alternative, independent grounds. It is also quite common for the Idaho Supreme Court to affirm the trial court’s ruling because the appellant fails to challenge one of the alternative grounds. That was the situation in La Bella Vita, LLC v. Shuler et … Continue Reading
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