Category: Idaho Appellate Practice

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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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

The Idaho Supreme Court and Court of Appeals Amend 2015 Fall Terms

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 Boise … Continue Reading

The August Edition of The Advocate Focuses on Appellate Practice

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: To Appeal or Not Appeal: That is the Question, by Christine Salmi The Benefits of Engaging an Experienced and Skilled Appellate Lawyer, by Christopher … Continue Reading

Beware—if Your Appeal Asks the Idaho Supreme Court to Reweigh the Evidence, You May Be Subject to an Award of Attorney Fees on Appeal

In a recent post, we discussed Chavez v. Stokes, 2015 Opinion No. 64 (July 7, 2015), and the new standard of review governing the reasonableness of medical treatment in workers’ compensation cases. Chavez is also noteworthy for another reason: the Idaho Supreme Court granted attorney fees on appeal to the respondent worker because the employer’s … Continue Reading

Is the Reasonableness of Medical Treatment in Workers’ Compensation Cases a Question of Law or a Question of Fact for the Purposes of Appellate Review?

In Chavez v. Stokes, 2015 Opinion No. 64 (July 7, 2015), the Idaho Supreme Court overturned prior precedent holding that the reasonableness of medical treatment in workers’ compensation cases is a question of law subject to free review. According to the Court, the Idaho Industrial Commission’s determination of reasonableness should be reviewed as a finding … Continue Reading

The Idaho Supreme Court Applies February 12, 2015 Order to Treat Non-Appealable Order as a Final Judgment

Earlier this year, we addressed the Idaho Supreme Court’s frustration with the trial courts’ continuing failure to enter final judgments in compliance with Idaho Rule of Civil Procedure 54(a). See posts here and here. As a result, on February 12, 2015, the Court issued an order stating that “any judgment, decree or order entered before … Continue Reading

New Decision Illustrates When the Idaho Supreme Court Will Address Legal Issues That Were Not Addressed by the Trial Court

Every now and then, the Idaho Supreme Court will address issues that, although not addressed by the trial court, may arise on remand. The Court has that authority under Idaho Code § 1-205, which states: “[I]f a new trial be granted, the court shall pass upon and determine all the questions of law involved in … Continue Reading

Idaho Supreme Court Awards Attorney Fees to a Prevailing Party Where Contempt Proceedings Were Dismissed Without Prejudice

Can there be a prevailing party when an action is voluntarily dismissed without prejudice?  According to the Idaho Supreme Court, the answer is yes.  Charney v. Charney, 2015 Opinion No. 59 (June 23, 2015), is a decision that should serve as a note of caution for Idaho litigators. Two months following their divorce, Dennis Charney … Continue Reading

Changes to the Idaho Appellate Rules Go into Effect on July 1, 2015

Amendments to Rules 11 and 12.4 of the Idaho Appellate Rules go into effect on July 1, 2015. The amendments relate to appeals from the Idaho Industrial Commission. I.A.R. 11 addresses appellate judgments and orders. The amendments add a new provision, Rule 11(d)(2), that allows an immediate appeal “[f]rom any order of the Industrial Commission … Continue Reading

The Idaho Supreme Court and Court of Appeals Announce Fall Terms for 2015

The Idaho Supreme Court and Idaho Court of Appeals published official notice of their respective 2015 Fall Terms in the June/July edition of The Advocate. The terms look like this: Idaho Supreme Court Regular Fall Term for 2015 Coeur d’Alene ……………………………………………………………………… August 25, 26, 27 Moscow ……………………………………………………………………………… August 28 Boise (Boise State University) …………………………………………………. September … Continue Reading

Does a Judge’s Personal Background Matter in Appellate Decision-Making?

The extent to which a judge’s personal background influences his or her decision-making is a matter of debate. Before being appointed to the United States Supreme Court, Sonia Sotomayor remarked that “[p]ersonal experiences affect the facts that judges choose to see” and gave a speech declaring that the ethnicity and sex of a judge “may … Continue Reading

A Recent Idaho Supreme Court Decision Shows the Care Litigants Must Take to Adequately Present Their Case at Trial and on Appeal

The Idaho Supreme Court recently issued an opinion that reveals the critical importance of case preparation. See Hilliard v. Murphy Land Company, LLC, No. 42093-2014 (May 21, 2015). In Hilliard, millions of dollars were at stake. The plaintiffs sold their farm to the defendant. Three million dollars of the sale price was placed in trust … Continue Reading

Idaho Supreme Court Can Award Attorney Fees Under a Federal Statute Even if Federal Courts Cannot

The Idaho Supreme Court recently made clear that its authority to award attorney fees under a federal statute is not constrained by United States Supreme Court precedent. In James v. City of Boise, 2015 Opinion No. 49 (May 21, 2015), the Court affirmed the judgment of the district court dismissing the plaintiff’s complaint seeking to … Continue Reading

Need Reversal Rates or Other Data from the United States Courts of Appeal? Review the Statistical Tables at www.uscourts.gov.

I have been drafting an article on appellant advocacy for the August edition of the Idaho State Bar’s The Advocate. As part of my research, I reviewed statistical data from the United States Courts of Appeal available at www.uscourts.gov. The website compiles statistics, by circuit, on appeals commenced, terminated, and pending in detailed tables identified … Continue Reading

Idaho Supreme Court and Idaho Court of Appeals’ May Calendars and Helpful Appellate Practice Links

The Idaho Supreme Court has released its May calendar [link http://www.isc.idaho.gov/appeals-court/isc-calendar]. It will be hearing arguments in Boise on May 4, 6, and 8, in Idaho Falls on May 12, and in Pocatello on May 13. For the hearings in Boise, you can watch the arguments via live streaming through the above link. The Idaho … Continue Reading

The Idaho Supreme Court Awards Attorney Fees on Appeal Under Idaho Code § 12-121 Against a Respondent Who Faced a Deferential Standard of Review.

When key issues are left to the sound discretion of the trial court, and the trial court carefully weighs the evidence in deciding those issues, should the party on the wrong side of the decision appeal? That is a difficult and recurring question facing appellants. A recent Idaho Supreme Court decision suggests that appellate attorneys … Continue Reading
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