As mentioned in a recent post, a panel of law clerks from the Idaho Supreme Court and the Idaho Court of Appeals provided advice on the practice of appellate law, based on their experience as clerks, at the April meeting of the Idaho Appellate Practice Section of the Idaho State Bar. Here are some
A Panel of Law Clerks from the Idaho Supreme Court and Idaho Court of Appeals Gives Tips on Appellate Briefs
The Idaho Appellate Practice Section of the Idaho State Bar held its annual meeting on Thursday, April 9. As part of the meeting, a panel of law clerks from the Idaho Supreme Court and the Idaho Court of Appeals discussed what they have learned regarding the dos and don’ts of appellate practice during their clerkships.
Proposed Amendments to Idaho Court Rules Emphasize the Absolute Importance of Securing a Final Judgment and Fundamentally Change When a Party Can Obtain an I.R.C.P. 54(B) Certificate
We recently posted blog entries on the continuing saga of Idaho’s final judgment rule. See Feb. 9, 2015 Post; Feb. 12, 2014 Post. As discussed there, the Idaho Supreme Court has repeatedly emphasized that it will not hear an appeal unless a proper final judgment is entered under Idaho Rule of Civil Procedure (“I.R.C.P.”) 54(a). The Court has also proposed rule amendments to I.R.C.P. 54(a) and Idaho Appellate Rules (“I.A.R.”) 11, 11.1, and 17 that further emphasize the critical importance of securing a final judgment that complies with I.R.C.P. 54(a):
I.R.C.P. 54(a) – the proposed changes require a “partial judgment” or an “amended judgment” to also comply with the requirements for the contents of a “judgment.”
I.A.R. 11 – the proposed changes require a copy of the judgment or order appealed from to be attached to the notice of appeal.
I.A.R. 11.1 – the proposed changes require a copy of the judgment granting or denying a petition for adoption to be attached to the notice of appeal.
I.A.R. 17 – the proposed changes require the notice of appeal to “have attached to it a copy of the judgment or order appealed from.” The form of a notice of appeal must include the following language: “A copy of the judgment or order being appealed is attached to this notice, as well as a copy of the final judgment if this is an appeal from an order entered after final judgment.”
The Court has also proposed fundamental changes to I.R.C.P. 54(b)(1), as those changes limit when a trial court can enter a certificate of final judgment (also known as a “Rule 54(b) certificate”) in an action that is not fully resolved.
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The Idaho Supreme Court Refuses to Consider a Key Argument in an Appeal from the Idaho Industrial Commission Because Appellant Failed to Preserve Allegations of Error
LuAnn Shubert (“Shubert”) filed a workers’ compensation claim with the Idaho Industrial Commission (the “Commission”). Shubert’s claim was heard by a Commission referee, who excluded two of her exhibits during the hearing. For the most part, the referee denied her claim, and the Commission approved and adopted the referee’s findings of fact. Shubert appealed. One
In Two Recent Decisions, the Idaho Supreme Court Finds Attorney Fees On Appeal are Awardable Under Idaho Code § 12-117(1) when a Party Advances Arguments that Disregard the Plain Language of a Statute
The Idaho Supreme Court’s decisions in Jayo Development, Inc. v. Ada County Board of Equalization, 2015 Opinion No. 25 (Feb. 26, 2015) and Arnold v. City of Stanley, 2015 Opinion No. 23 (Feb. 26, 2015), add something for appellate attorneys to consider when involved in proceedings where a person is adverse to a
The Idaho Supreme Court Refuses to Consider a Request for Attorney Fees on Appeal Because the Party Seeking Fees Did Not Address the Request in the Argument Section of Its Appeal Brief
Nampa Education Ass’n v. Nampa School District. No. 131, 2015 Opinion No. 22 (Feb. 26, 2015), is yet another recent case involving a request for attorney fees under Idaho Code § 12-117. There the Idaho Supreme Court refused to consider the request because the Nampa Education Association, the prevailing party on appeal, failed to
Failing to Prepare and Present a Well-Grounded Appeal before the Idaho Supreme Court Could Result in an Award of Attorney Fees On Appeal Under Idaho § 12-121
State of Idaho v. Grathol, 2015 Opinion No. 17 (Feb. 11, 2015) provides guidance to appellate practitioners on when an award of attorney fees on appeal may be allowed under Idaho Code § 12-121. Grathol is an eminent domain case. An issue on appeal was whether the Idaho Transportation Department, as the condemnor, was
Following Its Order in Cook v. Arias, the Idaho Supreme Court Orders That Any Judgment Entered Before April 15, 2015, That Was Intended To Be Final But Does Not Comply With Idaho Rule Of Civil Procedure 54(A), Shall Be Treated As A Final Judgment
The saga regarding what is a final, appealable judgment under Idaho Rule of Civil Procedure 54(a) continued today. The Idaho Supreme Court entered the following order:
WHEREAS there are a number of judgments that have been previously entered that do not comply with Idaho Rule of Civil Procedure 54( a) or Idaho Rule of Family
In Cook v. Arias, the Idaho Supreme Court Again Addresses What is a Final, Appealable Judgment Under Idaho Rule of Civil Procedure 54(A)
In Cook v. Arias, Dkt. No. 41745 (Feb. 6, 2015), the Idaho Supreme Court issued an order that continues the Court’s jurisprudence on what constitutes a final judgment under Idaho Rule of Civil Procedure 54(a). Failing to heed the lessons in Cook can result in increased litigation costs and delay the resolution of cases on appeal and on remand. Cook involved an appeal from an order in a divorce action modifying child custody but is equally applicable to other civil cases. The Court dismissed the appeal because no final judgment was entered after the divorce trial.
Continue Reading In Cook v. Arias, the Idaho Supreme Court Again Addresses What is a Final, Appealable Judgment Under Idaho Rule of Civil Procedure 54(A)