The facts. Mom and Dad were married, had a child, and divorced. As part of the divorce, the parties reached a visitation arrangement that gave Mom primary custody of the child and Dad visitation. Mom later relocated to Costa Rica with the child. Mom made the decision to relocate unilaterally, without informing Dad and
Idaho Supreme Court Update: Carver v. Hornish
The facts. A father allegedly consented to a sham marriage for his minor daughter to evade the magistrate court’s jurisdiction over a custody dispute with his ex-wife. The mother requested expedited relief to stop the sham marriage, but the magistrate court did not enter an order stopping the father from consenting to the marriage
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),
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
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 consider changes to the reporter’s standard transcript. Attorneys who handle magistrate appeals involving child custody need to be aware of changes to Rules 11.1, 12.1, and 12.2.
There are other rule changes as well. Here are the highlights:
Continue Reading Amendments to the Idaho Appellate Rules address electronic briefs, standard transcripts in criminal appeals, and appealable judgments from the magistrate courts
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
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
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 shall not alter, repeal or amend any statute which otherwise provides for the award of attorney’s fees.” Since 1979, Idaho Rule of Civil Procedure 54(e)(2) has limited the Idaho courts’ discretion to award attorney fees under the statute to instances where a case was “brought, pursued or defended frivolously, unreasonably or without foundation.”
Not anymore. Under the standard announced in Hoffer, “prevailing parties in civil litigation have the right to be made whole for attorney fees they have incurred ‘when justice so requires.’” Id. at 20. The Court did not offer guidance on the meaning of “when justice so requires.” Because the new standard “may have profound effects on litigants,” it does not become effective until March 1, 2017. Id. at 21. But, notably, the new standard “will have prospective effect, applying to all cases that have not become final as of that date.” Id.
Continue Reading Idaho Supreme Court announces significant change to standard for attorney fees under Idaho Code § 12-121
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
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