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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 limited to 28 days.
  • For expedited appeals, such as appeals in family law cases brought under Idaho Appellate Rules 11.1 and 12.1, extensions of time to file a brief are usually not granted. See I.A.R. 12.2(e).
  • Briefs before the Idaho Supreme Court and Court of Appeals are limited to 50 pages; the front and back covers, the table of contents, and table of authorities are included in that page count. See I.A.R. 34(a). Motions for an overlength brief seeking between 51 and 60 pages are typically granted by the Clerks’ office. Motions seeking more than 60 pages are addressed by the Idaho Supreme Court.
  • If the Idaho Supreme Court grants a permissive appeal under Idaho Appellate Rule 12, the party seeking to appeal must still file a notice of appeal in the district court.

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

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:

  • The Idaho Supreme Court is still working with a vendor on an electronic appellate filing system. The date of the launch is still in flux.
  • Until the new system is operational, there is no electronic filing with the Idaho Supreme Court and Court of Appeals. There are three exceptions, however. The Courts will accept the following documents via email: (1) an electronic brief pursuant to Idaho Appellate Rule 34.1 (an electronic brief is in addition to paper copies of the brief); (2) correspondence, such as oral argument notices; and (3) first motions for an extension of time to file a brief.
  • The average time from notice of appeal to a decision in civil cases before the Idaho Supreme Court is 465 days. For the Idaho Court of Appeals, the average time is 380 days. According to Steve Kenyon, those times stay remarkably consistent.
  • The average time from notice of appeal to oral argument before the Idaho Supreme Court is 12 months. The quickest time to oral argument is nine months.

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 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…

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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.