Amendments to Idaho Appellate Rules 11, 11.1, 17, 28, 30, 34.1 and 118 went into effect January 1, 2016. Here is an overview of the amendments:
I.A.R. 11. Appealable judgments and orders. The rule now requires a copy of the final judgment or order to be attached to the notice of appeal.
I.A.R. 11.1.
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:
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
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
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, reminders, and other points of interest:
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 disputed facts must be liberally construed and all reasonable inferences must be drawn in favor of the non-moving party.
The case involved a wrongful death action stemming from a helicopter crash. The plaintiff’s son flew employees of the Idaho Department of Fish and Game to survey salmon spawning on the Selway River. The helicopter crashed, and an investigation revealed that a clipboard of one of the Department’s employees struck the tail rotor, causing the crash. The plaintiff claimed the accident was caused by the negligence of the Department or its employees.Continue Reading Idaho Supreme Court reiterates that circumstantial evidence can create a genuine issue of material fact on summary judgment
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
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 al., 2015 Opinion No. 65 (July 13, 2015). There, the trial court struck supplemental briefing on two independent grounds: first, based on procedure, and second, based on a court order. But on appeal the appellant only challenged the first ground.
Continue Reading If a Trial Court Bases a Ruling on Alternative Grounds, Challenge Each Ground on Appeal
The Idaho Supreme Court and Idaho Court of Appeals amended their respective 2015 Fall Terms. Official notice of the amended terms was published in the August edition of The Advocate. The amended terms look like this:
Idaho Supreme Court Regular Fall Term for 2015
Coeur d’Alene ………………………………………………………. August 26, 27
Moscow ………………………………………………………………. August 28
The Idaho State Bar recently published the August edition of The Advocate. The August edition was sponsored by the Idaho Appellate Practice Section and includes the following articles on appellate practice: