Idaho Appellate Practice

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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.

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…

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…

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 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

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…

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, or the exclusive remedy provision. Recently, in two closely watched cases, Marek v. Hecla, Limited, 2016 Opinion 132 (November 18, 2016) and Barrett v. Hecla Mining Co., 2016 Opinion 133 (November 18, 2016), the Idaho Supreme Court provided guidance on a narrow exception to this provision under Idaho Code § 72-209(3). Section 72-209(3) allows an employee to pursue common law claims against an employer in a narrow circumstance: “where the injury or death is proximately caused by the willful or unprovoked physical aggression of the employer, its officers, agents, servants or employees.”
Continue Reading Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

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Welcome to the Stoel Rives Appellate Law blog, dedicated to providing those in appellate law practices regular updates on significant decisions from courts of appeal within our regions of practice. It is our goal to build out this blog to be a handy resource for both keeping up to date on new decisions and quickly locating information about past decisions.