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
I.R.C.P. 54(a)
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.
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
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)