The Idaho Supreme Court is implementing rule changes that will impact, for the most part, intermediate appeals from the magistrate to district court. Idaho Rule of Civil Procedure (“I.R.C.P.”) 83(a) lists the judgments or orders rendered by a magistrate that can be appealed to the district court. Currently, Rule 83(a)(4) allows appeals of “[f]inal orders
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.
Continue Reading 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