Idaho Appellate Rules

These rules shall be known and cited as the "Idaho Appellate Rules" (I.A.R.). These rules shall take effect on July 1, 1977, and thereafter all laws and rules of appellate procedure in the Supreme Court in conflict therewith shall be of no further force or effect. These rules shall govern all proceedings pending in the Supreme Court on the effective date or thereafter commenced, but shall not control as to the time for filing a notice of appeal if the judgment or order appealed from was entered before July 1, 1977, in which case the time for appeal shall be as provided by law on June 30, 1977. 

(Adopted March 25, 1977, effective July 1, 1977; amended June 15, 1987, effective November 1, 1987.)

(a)  Scope. These rules shall govern all appeals and petitions for special  writs or proceedings in the Supreme Court. 

(b)  Definitions. For purposes of these rules: 

(1)  "District court" shall include the district courts of all judicial  districts but shall not include the magistrates divisions thereof. 

(2)  "Appellant" shall include "petitioner." 

(3)  "Respondent" shall mean the adverse party not initially seeking  affirmative relief. 

(4)  "Petition" shall include "complaint" or "application." 

(5)  "Administrative agency" shall include only the Public Utilities  Commission and the Industrial Commission. 

(6)  "Transcript" shall mean the reporter's transcript. 

(7)  "Record" shall mean the clerk's or agency's record. 

(8)  "Clerk" shall mean the clerk of the district court, or the secretary  or designated clerk, if any, of the Industrial Commission or the Public  Utilities Commission. 

(Adopted March 25, 1977, effective July 1, 1977.)

Appellate review by bill of exceptions is hereby abolished. Writs of certiorari or writs of review shall be processed in the same manner as writs of prohibition as provided in these rules. 

(Adopted March 25, 1977, effective July 1, 1977.)

Any party aggrieved by an appealable judgment, order or decree, as defined in these rules, of a district court, the Public Utilities Commission or the Industrial Commission may appeal such decision to the Supreme Court as provided in these rules. 

(Adopted March 25, 1977, effective July 1, 1977.)

(a) Special Writs. Any person may apply to the Supreme Court for the issuance of any extraordinary writ or other proceeding over which the Supreme Court has original jurisdiction. Except for petitions for writs filed by incarcerated persons and petitions for writs of habeas corpus, petitions for writs and motions seeking to intervene in such petitions shall contemporaneously be served by mail on all affected parties, including the real party in interest. There shall be no response to applications filed pursuant to this rule unless the Supreme Court requests a party to respond to the application before granting or denying the same. The Supreme Court shall process petitions for such special writs as are established by law in the manner provided in this rule.

(b) Challenge to a final redistricting plan.  In accord with Article III, Section 2(5) of the Idaho Constitution, any registered voter, any incorporated city or any county in this state, may file an original action challenging a congressional or legislative redistricting plan adopted by the Commission on Reapportionment.  Such challenges shall be filed within 35 days of the filing of the final report with the office of the Secretary of State by the Commission.  

(c) Filing Fee--Briefs. Special writs shall issue only upon petitions verified by the party beneficially interested therein and upon briefs in support thereof filed with the Clerk of the Supreme Court with payment of the appropriate filing fee. No filing fee shall be required with a petition for writ of habeas corpus which is filed in connection with a criminal case or post-conviction relief proceeding. Petitioner shall file the original petition and brief with the Clerk of the Supreme Court.  No copies are required. 

(d) Procedure for Issuance of Writs. Special writs, except writs of habeas corpus, shall issue as herein provided. The Supreme Court acting through three (3) or more members, or by two (2) or more members when the Court is in recess, may issue a writ directing the respondent to act in accordance with the writ, or to appear or respond at the time fixed in the writ to show cause why the relief requested in the petition should not be granted. The court may enter an order providing for briefing and oral argument prior to issuance of a writ or an order to show cause. If such an order is entered, briefing shall be conducted in the manner outlined in the order as supplemented by these rules. The briefs shall be in the form prescribed by Rule 32(e). A majority of the entire Court, may also direct the respondent to so act, or to refrain from acting, as directed in the writ, pending hearing and upon such conditions as the Court may impose. Upon its issuance, a copy of the petition, brief and writ shall immediately be served upon all affected parties including the real party in interest as concerns the requested relief, which real party must be named in the petition and the writ. Service shall be made in the manner and within the time limit set by the Court. Appearance in response to the writ by any interested party shall be by verified answer and by brief. If no appearance is made, the Court may grant any requested relief justified by the petition. If appearance is made, the Court may schedule the matter for oral argument or decide the matter on the record. Issues of fact, if any, shall be determined in the manner ordered by the Court.

(e) Denial of Writ or Issuance of Peremptory Writ.  If the Court denies a petition for a writ of mandamus or prohibition or issues a peremptory writ, the order denying the petition or the peremptory writ, as the case may be, shall be a separate document that only states the relief ordered.  It shall not include a record of prior proceedings; the Court’s legal reasoning, findings of fact, or conclusions of law; or the report of a master.

(f) Memorandum of Costs.  No later than fourteen (14) days after the issuance of an order denying the petition or granting a peremptory writ, the prevailing party may file a memorandum of costs.  Such memorandum must state that to the best of the party’s knowledge and belief the items are correct and that the costs claimed are in compliance with this rule.  A memorandum of costs mailed to the Court shall be deemed filed upon the date of mailing.  Failure to file a memorandum of costs within the period prescribed by this rule shall be a waiver of the right to costs.

(g) Costs Allowed.  Unless otherwise ordered by the Court, the costs allowed shall include:

1.  Court filing fee.

2.  Actual fees for service of the petition or any document in the action whether served by a public officer or other person.

3.  Expenses or charges of certified copies of documents admitted as evidence in a hearing or the trial of the action.

4.  The cost of a master appointed by the Court.

5.  Reasonable costs of the preparation of exhibits admitted in evidence in a hearing or trial of the action, but not to exceed the sum of $500 for all of such exhibits of each party. 

6.  Witness fees of $20.00 per day for each day in which a witness, other than a party or expert, testifies in the trial of the action.

7.  Travel expenses of witnesses who travel by private transportation, other than a party, who testify in the trial of the action, computed at the rate of $.30 per mile, one way, from the place of residence, whether it be within or without the state of Idaho; travel expenses of witnesses who travel other than by private transportation, other than a party, computed as the actual travel expenses of the witness not to exceed $.30 per mile, one way, from the place of residence of the witness, whether it be within or without the state of Idaho.

8.  Cost of reporter’s transcript of a trial before a master in the action, including the cost of computer-searchable disks filed with the Supreme Court under Rule 26.1(c), but excluding the cost of all other disks.

9.  Reasonable expert witness fees for an expert who testifies at a deposition or at the trial of the action not to exceed the sum of $2,000 for each expert witness for all appearances.

10.  Charges for reporting and transcribing of a deposition taken in preparation for trial of an action, whether or not read into evidence in the trial of an action.  

11.  Reasonable attorney’s fees, which may include paralegal fees and the reasonable cost of automated legal research (Computer Assisted Legal Research).  The claim for attorney fees as costs shall be supported by a statement of the legal basis for the award and an affidavit of the attorney stating the basis and method of computation of the attorney fees claimed.  The allowance of attorney fees by the court under this rule is not to be construed as fixing the fees between attorney and client.

(h) Objections to Costs.  No later than fourteen (14) days after the date of service of the memorandum of costs, any party may object to the claim for costs of another party by filing and serving on the adverse party an objection to part or all of such costs, stating the reasons in support thereof.  An objection to costs shall be deemed filed upon mailing and shall be heard and determined by the Court as an objection to the application for costs.

(i)  Petitions for Writ of Habeas Corpus. Petitions for writs of habeas corpus shall be processed as provided by law.

(Adopted March 25, 1977, effective July 1, 1977; amended March 19, 2009, effective July 1, 2009; amended November 20, 2012, effective January 1, 2013; amended and effective January 21, 2016; amended and effective January 24, 2019; amended April 28, 2021; effective July 1, 2021.)

The original title of an action or proceeding, with the names of the parties in the same order, shall be retained on appeal by adding the designations of "appellant" and "respondent."  In special proceedings the party prosecuting shall be designated the "petitioner" and the adverse party, if any, the "respondent."  In an appeal in which there is no adverse party named in the title, there shall be added the name of the party prosecuting the appeal designated as "appellant."  In an appeal from a decision or order of the Idaho Public Utilities commission filed by an intervenor in the original proceedings, the petitioner or applicant in the original proceedings shall be made a party to the appeal, and designated as a "respondent".  The district court or administrative agency may be order correct the title of an appeal or cross-appeal at any time before the clerk's or agency's record is lodged as provided in Rule 29.  The Supreme Court may amend a title of an appeal or proceeding before it at any time.  All motions, petitions and other documents filed with the court should be typed on 8 1/2 x 11 inch paper.  Prisoners incarcerated or detained in a state prison or county jail may file documents that are legibly hand-printed in black ink, in whole or in part, that otherwise conform to the requirements of these rules. Once a Supreme Court case number is assigned, all motions, briefs and other documents filed shall specify both the Supreme Court case number and the district court docket number, including county, or agency docket number from which the case originated.  The original case number should appear below the Supreme Court case number.  

(Adopted March 25, 1977, effective July 1, 1977; amended March 24, 1982, effective July 1, 1982; amended March 30, 1984, effective July 1, 1984; amended March 20, 1985, effective July 1, 1985; amended January 30, 2001, effective July 1, 2001; amended November 20, 2012, effective January 1, 2013.)

Upon the death or disability of a party to a proceeding governed by these  rules, or upon the assignment, transfer, or the accession to the interest  or office of party to a proceeding governed by these rules by another  person, the representative, or successor in interest of such party shall  file a notification of substitution of party and serve the same on all  parties to the proceeding or appeal. The substitution shall be effective  unless an objection thereto is made within fourteen (14) days of service,  by a motion to disallow such substitution, in the manner provided for  motions under Rule 32.   

(Adopted March 25, 1977, effective July 1, 1977; amended April 11, 1979, effective July 1, 1979.)

 Any person or entity who is a real party in interest to an appeal or proceeding governed by these rules or whose interest would be affected by the outcome of an appeal or proceeding under these rules may file a verified petition with the Supreme Court asking for leave to intervene as a party to the appeal or proceeding and serve a copy thereof upon all parties to the appeal or proceeding. The petition shall be processed as a motion in  accordance with Rule 32 of these rules, and if the Supreme Court finds that such petitioning person or entity is a real party in interest or would be  affected by the outcome of the appeal or proceeding, the Court may, in its discretion, grant leave to the petitioning party to intervene as a party  appellant or respondent. In exercising its discretion, the Court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights. If leave to intervene is granted such petitioning party shall thereafter be a party to the appeal or proceedings for all purposes under these rules.     

(Adopted April 11, 1979, effective July 1, 1979; amended May 1, 2024, effective July 1, 2024.)

(a) When Permitted. An attorney, or person or entity through an attorney, may appear as amicus curiae in any proceeding by request of the Supreme Court; or by leave of the Supreme Court upon written motion served upon all parties. 

(b) Motion for Leave to File. The motion must be accompanied by the proposed brief and set forth the interest of the movant in the appeal or proceeding and the name of the party in whose support the amicus curiae would appear. The motion shall also state whether leave is sought to file an amicus curiae brief or participate in oral argument, or both. 

(c) Contents and Form. An amicus brief must comply with Rule 36.  In addition to the requirements of Rule 36, the cover must identify the party or parties supported and indicate whether the brief supports affirmance or reversal.  An amicus brief need not comply with Rule 35, but it must include the following:

(1) a table of contents, with page references;

(2) a table of cases (alphabetically arranged), statutes, and other authorities, with page references;

(3) a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file;

(4) a statement that indicates whether:

 (i) a party’s counsel authored the brief in whole or in part;

(ii) a party or a party’s counsel contributed money that was intended to fund preparing or submitting the brief; and

(iii) a person or entity - other than the amicus curiae, its members, or its counsel - contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person or entity; and

(5) an argument, which may be preceded by a statement of the case and which need not include a statement of the applicable standard of review.

(d) Time for Filing.  An amicus curiae must file its brief, accompanied by a motion for leave to file, no later than seven (7) days after the initial brief of the party being supported is filed.  An amicus curiae that does not support either party must file its brief no later than seven (7) days after the appellant’s initial brief is filed.  The court may grant leave for later filing, specifying the time within which an opposing party may answer.

(e) Objections.  Any objection to the appearance of an amicus curiae must be made by motion within 14 days of service of the motion for leave to file in the manner provided for motions under Rule 32. 

(f) Reply Brief. Except by the court’s permission, an amicus curiae may not file a reply brief.

(g) Oral Argument. An amicus curiae may participate in oral argument only with the court’s permission.

(h) Order. Leave to appear as amicus curiae shall be by written order of the Supreme Court which shall specify the manner of appearance by the amicus curiae attorney. 

(Adopted March 25, 1977, effective July 1, 1977; amended April 18, 1983, effective July 1, 1983; amended March 23, 1990, effective July 1, 1990; amended April 28, 2022, effective July 1, 2022.)

Upon written motion of a licensed Idaho attorney, at least 14 days before a hearing or argument, and upon order of the Supreme Court an attorney not licensed in Idaho may be permitted to appear and argue before the Supreme Court in association with such Idaho licensed attorney.  The motion, or a supporting statement, shall certify that the attorney not licensed in Idaho is a licensed attorney in good standing in another specific state or jurisdiction and shall otherwise be in substantially the form found in Idaho Bar Commission Rule 227(j).  If an attorney has been granted pro hac vice admission pursuant to Idaho Bar Commission Rule to appear in any case, then the attorney may continue to appear in that case before the Supreme Court without obtaining an order pursuant to this rule. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 28, 1986, effective July 1, 1986; amended November 20, 2012, effective January 1, 2013; amended April 28, 2022, effective July 1, 2022.)

The Supreme Court shall hold terms of Court as provided by the Idaho constitution, the statutes of the state of Idaho and the rules of the Supreme Court, and will hear appeals and petitions in accordance with the following procedure:   

(a)  Terms of Court. The Supreme Court will hold terms of Court as required by the Idaho Constitution and such other terms as may be set by the Court.  In addition, the Supreme Court may set cases individually for hearing or argument. Changes in the terms of Court may be made by order of the Supreme Court.   

(b)  Hearing Appeals Outside of Terms of Court. The Court may set and hear appeals and petitions before a quorum of the Court at any time and at any  place within the state of Idaho.   

(c)  Register of Actions. The Clerk shall number consecutively and enter all cases in a Register of Actions in the order of the filing with the  Supreme Court of the initial document in each proceeding. All cases will be heard in the division and in the order in which they come at issue, unless  otherwise ordered. Provided, the Clerk shall, upon order of the Court, transfer the appeal filed in any division to a special calendar of the  Court of expedited appeals for hearing in Boise or at such other place as  the Court may order.   

(d)  Divisions and Calendars. There shall be five appellate divisions in the state and calendars of appeals as follows:   

(1)  The Coeur d'Alene division calendars shall contain all appeals filed in the counties of the First Judicial District.   

(2)  The Lewiston division calendars shall contain all appeals filed in the counties of the Second Judicial District.   

(3)  The Boise division calendars shall contain all appeals filed in the counties of the Third and Fourth Judicial Districts. 

(4)  The Twin Falls division calendars shall contain all appeals filed in the counties of the Fifth Judicial District.   

(5)  The Pocatello division calendars shall contain all appeals filed in the counties of the Sixth and Seventh Judicial District.   

(e)  Expedited Calendar. There shall be an additional calendar of expedited appeals and petitions for hearing in Boise or at such other place as  ordered by the Court, and the Clerk shall transfer such appeals and  petitions from any of the above divisions to the expedited calendar as  directed by the Court. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 26, 1992, effective July 1, 1992.)

An appeal as a matter of right may be taken to the Supreme Court from the following judgments and orders, a copy of which must be attached to the notice of appeal:

(a) Civil Actions.  From the following judgments and orders of a district court in a civil action:

(1)  Final judgments, as defined in Rule 54(a) of the Idaho Rules of Civil Procedure, including judgments of the district court granting or denying peremptory writs of mandate and prohibition. 

(2)  Decisions by the district court dismissing, affirming, reversing or remanding an appeal. 

(3)  Judgments made pursuant to a partial judgment certified by the trial court to be final as provided by Rule 54(b), I.R.C.P. 

(4)  Any order or judgment of contempt. 

(5)  An order granting or refusing a new trial, including such orders which contain a conditional grant or denial of a new trial subject to additur and remittitur. 

(6)  An order granting or denying a motion for judgment notwithstanding the verdict. 

(7)  Any order made after final judgment including an order denying a motion to set aside a default judgment, but excluding an order granting a motion to set aside a default judgment. A copy of the final judgment must also be attached to the notice of appeal.

(8)  Any order expressly made appealable by statute.

(9)  A district court order designating a person a vexatious litigant pursuant to Idaho Court Administrative Rule 59, in which case the notice of appeal may be filed with either the district court clerk or the Clerk of the Supreme Court.

(b)  Probate Proceedings. From any interlocutory or final judgment or order made after final judgment of a district court in a probate proceeding, whether original or appellate, which is or would be appealable from the magistrates division to the district court by statute or these rules. 

(c)  Criminal Proceedings. From the following judgments and orders of the district court in a criminal action, whether or not the trial court retains jurisdiction:

     (1)  Final judgments of conviction. 

     (2)  An order granting or denying a withheld judgment on a verdict or plea of guilty. 

     (3)  An order granting a motion to dismiss an information or complaint. 

     (4)  Any order or judgment, whenever entered and however denominated, terminating a criminal action, provided that this provision shall not authorize a new trial in any case where the constitutional guarantee against double jeopardy would otherwise prevent a second trial. 

     (5)  Any order, however denominated, reducing a charge of criminal conduct over the objection of the prosecutor. 

     (6)  Any judgment imposing sentence after conviction, except a sentence imposing the death penalty which shall not be appealable until the death warrant is issued as provided by statute. 

     (7)  An order granting a motion to suppress evidence. 

     (8)  An order granting or denying a motion for new trial.  

     (9) Any order made after judgment affecting the substantial rights of the defendant or the state.

      (10)  Decisions by the district court on criminal appeals from a magistrate, either dismissing the appeal or affirming, reversing or remanding. 

     (11) Any order or judgment of contempt.

(d)  Administrative Proceedings - Industrial Commission.

      (1) From any final decision or order of the Industrial Commission or from any final decision or order upon rehearing or reconsideration by the administrative agency.

      (2) From any order of the Industrial Commission deciding compensability that the Commission has determined should be immediately appealable   pursuant to Rule 12.4. Any appeal from the order must be taken within fourteen (14) days from the date file stamped by the Industrial Commission on the     written determination that the order should be immediately appealable.  The appeal shall be expedited as set forth in Rule 12.4.  The failure to appeal the   order on compensability pursuant to this subsection shall not preclude consideration of the order in an appeal taken pursuant to subsection (1) of this rule.

(e)  Administrative Proceedings - Public Utilities Commission. From any decision or order of the Public Utilities Commission which is appealable to the Supreme Court by statute. 

(f)  Administrative Proceedings - Judicial Review of Agency Decisions. From any final decision or order of the district court on judicial review of an agency decision.

(g)  Cross-appeals and additional issues on appeal. - After an appeal has been filed from a judgment or order specified above in this rule, a timely cross-appeal may be filed from any interlocutory or final judgment order or decree. If no affirmative relief is sought by way of reversal, vacation or modification of the judgment, order or decree, an issue may be presented by the respondent as an additional issue on appeal under Rule 35(b)(4) without filing a cross-appeal. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended March 24, 1982, effective July 1, 1982; amended March 30, 1984, effective July 1, 1984; amended March 20, 1985, effective July 1, 1985; amended March 28, 1986, effective July 1, 1986; amended June 15, 1987; effective November 1, 1987; amended March 20, 1991, effective July 1, 1991, amended March 9, 1999, effective July 1, 1999; amended January 30, 2001, effective July 1, 2001; amended March 21, 2007, effective July 1, 2007, amended March 29, 2010, effective July 1, 2010; amended November 20, 2012, effective January 1, 2013; amended June 20, 2013, effective July 1, 2013; amended April 23, 2015, effective July 1, 2015; amended September 1, 2015, effective January 1, 2016; amended May 1, 2024, effective July 1, 2024.)

(a) As a Matter of Right.  An appeal from the following final judgments, as defined in Rule 54(a), must be taken from the magistrate court to the Supreme Court:

     (1) a final judgment that grants or denies a petition for termination of parental rights, or

     (2) a final judgment that grants or denies a petition for adoption.

(b) By Permission.  When permission has been granted pursuant to Rule 12.1, an appeal from the following may be taken to the Supreme Court:

     (1) a final judgment, as defined in Rule 802 of the Idaho Rules of Family Law Procedure, or an order made after final judgment, involving the custody of a minor, or

     (2) those orders or decrees of the magistrate court in a Child Protective Act proceeding specified in section 16-1625, Idaho Code, or 

     (3) a final judgment, as defined in Rule 54(a) of the Idaho Rules of Civil Procedure, or an order made after final judgment, in a guardianship proceeding arising under Title 15, Chapter 5 of the Idaho Code.

(Effective July 1, 2009, amended March 29, 2010, effective July 1, 2010; amended September 1, 2015, effective January 1, 2016; repealed and a new rule adopted on May 5, 2017, effective July 1, 2017; amended April 28, 2022, effective April 28, 2022; amended August 31, 2023, effective nunc pro tunc March 2, 2023;  amended May 1, 2024, effective July 1, 2024.)

(a) Every notice of appeal, petition, motion, brief and other document of a party represented by an attorney shall be signed by at least one (1) licensed attorney of record of the state of Idaho, in the attorney's  individual name, whose address shall be stated before the same may be filed. A party who is not represented by an attorney shall sign the notice  of appeal, petition, motion, brief or other document and state the party's  address. The signature of an attorney or party constitutes a certificate  that the attorney or party has read the notice of appeal, petition, motion,  brief or other document; that to the best of the signer's knowledge,  information, and belief after reasonable inquiry it is well grounded in  fact and is warranted by existing law or a good faith argument for the  extension, modification, or reversal of existing law, and that it is not  interposed for any improper purpose, such as to harass or to cause  unnecessary delay or needless increase in the cost of litigation. If the  notice of appeal, petition, motion, brief, or other document is signed in  violation of this rule, the court, upon motion or upon its own initiative,  shall impose upon the person who signed it, a represented party, or both,  an appropriate sanction, which may include an order to pay to the other  party or parties the amount of the reasonable expenses incurred because of  the filing of the notice of appeal, petition, motion, brief or other  document including a reasonable attorney's fee.  

(b)  The court may declare a party a vexatious litigant pursuant to Idaho Court Administrative Rule 59. 

(Adopted June 15, 1987, effective November 1, 1987; amended November 20, 2012, effective January 1, 2013.)

(a)  Criteria for permission to appeal. Permission may be granted by the  Supreme Court to appeal from an interlocutory order or judgment of a district  court in a civil or criminal action, or from an interlocutory order of an  administrative agency, which is not otherwise appealable under these rules,  but which involves a controlling question of law as to which there is  substantial grounds for difference of opinion and in which an immediate  appeal from the order or decree may materially advance the orderly  resolution of the litigation.  

(b) Motion to District Court or Administrative Agency--Order. A motion for  permission to appeal from an interlocutory order or judgment, upon the grounds  set forth in subdivision (a) of this rule, shall be filed with the district  court or administrative agency within fourteen (14) days from date of entry  of the order or judgment. The motion shall be filed, served, noticed for hearing  and processed in the same manner as any other motion, and hearing of the motion  shall be expedited. In criminal actions a motion filed by the defendant shall  be served upon the prosecuting attorney of the county. The court or agency shall,  within fourteen (14) days after the hearing, enter an order setting forth its  reasoning for approving or disapproving the motion.

(c) Motion to Supreme Court for Permission to Appeal.  

(1) Motion of a Party. Within fourteen (14) days from entry by the district court or administrative agency of an order approving or disapproving a motion for permission to appeal under subdivision (b) of this rule, any party may file a motion with the Supreme Court requesting acceptance of the appeal by permission. A copy of the interlocutory order or judgment being appealed shall be attached to the motion, along with a copy of the order of the district court or administrative agency approving or disapproving the permission to appeal. If the district court or administrative agency fails to rule upon a motion for permission to appeal within twenty-one (21) days from the date of the filing of the motion, any party may file a motion with the Supreme Court for permission to appeal without any order of the district court or administrative agency.

(2)  Motion by order of court or agency. A district court or administrative agency may enter, on its own initiative, an order recommending permission to appeal from an interlocutory order or judgment. The court or  agency shall file a certified copy of its order with the Supreme Court and serve copies on all parties. The order recommending permission to appeal shall constitute and be treated as a motion for permission to appeal from the interlocutory order or decree under this rule. 

(3)  Procedure. A motion to the Supreme Court for permission to appeal under this rule shall be filed, served, and processed in the same manner as any other motion under Rule 32 of these rules. In criminal actions a motion filed by the defendant shall be served upon the prosecuting attorney of the county and the attorney general of the state of Idaho. 

(d) Acceptance by Supreme Court.  Any appeal by permission of an interlocutory order or judgment under this rule shall not be valid and effective unless and until the Supreme Court shall enter an order accepting such interlocutory order or decree as appealable and granting leave to a party to file a notice of appeal within a time certain. Unless otherwise ordered by the Supreme Court in its order of acceptance, such appeal shall thereafter proceed in the same manner as an appeal as a matter of right, except that it shall be retained by the Supreme Court. The clerk of the Supreme Court shall file with the district court or administrative agency a copy of the order of the Supreme Court granting or denying acceptance, and shall mail copies to all parties to the action or proceeding.

     (a)    Motion for permission to appeal. Whenever the best interest of a child or protected person would be served by an immediate appeal to the Supreme Court, any party may move the magistrate court for permission to seek an immediate appeal to the Supreme Court from the following:

          (1)  a final judgment, as defined in Rule 802 of the Idaho Rules of Family Law Procedure, or an order entered after final judgment, involving the custody of a minor, or

          (2)  those orders or decrees of the magistrate court in a Child Protective Act proceeding specified in section 16-1625, Idaho Code, or 

  (3)  a final judgment, as defined in Rule 54(a) of the Idaho Rules of Civil Procedure, or an order made after final judgment, in a guardianship proceeding arising under Title 15, Chapter 5 of the Idaho Code. 

     The motion must be made within fourteen (14) days from the date evidenced by the filing stamp of the clerk on the final judgment or order the party seeks to appeal. The motion shall be filed, served, noticed for hearing and processed in the same manner as any other motion. If a hearing is held on the motion, it shall be expedited. Within fourteen (14) days after the time for response has expired or within fourteen (14) days of a hearing, whichever is later, the magistrate court shall enter its written order on the motion. The filing of a motion for permissive appeal shall stay the time for appealing to the district court until the magistrate court enters an order making the determination.  In the event a notice of appeal to the district court is filed prior to the motion for permissive appeal, the magistrate shall retain jurisdiction to rule on the motion and, in the event the motion is granted, the appeal to the district court shall be dismissed.

     (b)    Permission granted by magistrate court. If the magistrate court grants permission for an immediate appeal to the Supreme Court, the appeal is not valid and effective unless a notice of appeal is physically filed with the clerk of the district court within fourteen (14) days from the date file stamped on the order of the magistrate granting permission. A notice of cross appeal must be filed within seven (7) days from the notice of appeal. The appeal shall be expedited as set forth in Rule 12.2.

     (c)    Permission denied by magistrate court.  

          (1)  Motion to Supreme Court. Within fourteen (14) days from entry by the magistrate court of an order denying a motion for permission to appeal under this rule, any party may file a motion with the Supreme Court requesting acceptance of the appeal by permission. A copy of the order of the magistrate court denying permission to appeal shall be attached to the motion along with a copy of the order or judgment the party seeks to appeal. If the magistrate court fails to rule upon a motion for permission to appeal within twenty-one (21) days from the date of the filing of the motion, any party may file a motion with the Supreme Court for permission to appeal without any order of the magistrate court. A motion to the Supreme Court for permission to appeal under this rule shall be filed, served, and processed in the same manner as any other motion under Rule 32 of these rules.

          (2)  Motion granted by Supreme Court. If the Supreme Court grants the motion for permission to appeal and directs that a notice of appeal be filed, the appeal is not valid and effective unless a notice of appeal is physically filed with the clerk of the district court within fourteen (14) days from the date of issuance of the Supreme Court order granting permission. The appeal shall be expedited as set forth in Rule 12.2. The clerk of the Supreme Court shall file with the magistrate court a copy of the order of the Supreme Court granting permission to appeal and shall send copies to all parties to the action or proceeding.

(Adopted March 22, 2002, effective July 1, 2002; amended March 21, 2007, effective July 1, 2007; amended January 3, 2008, effective March 1, 2008; amended March 19, 2009, effective July 1, 2009; amended January 4, 2010, effective February 1, 2010, amended March 29, 2010, effective July 1, 2010; repealed and a new rule adopted May 5, 2017, effective July 1, 2017; amended April 28, 2022, effective April 28, 2022; amended August 31, 2023, effective nunc pro tunc March 2, 2023; amended May 1, 2024, effective July 1, 2024.)

This rule governs procedures for an expedited review of an appeal brought as a matter of right pursuant to Rule 11.1 or a permissive appeal granted pursuant to Rule 12.1. 

(a) Procedure for filing Notice of Appeal.

(1) Appeal from a judgment granting or denying a petition to terminate parental rights or a petition for adoption. An appeal from any final judgment, as defined in Rule 54(a) of the Idaho Rules of Civil Procedure, granting or denying a petition for termination of parental rights or granting or denying a petition for adoption shall be made only by physically filing a notice of appeal with the clerk of the district court within fourteen (14) days from the date file stamped on the judgment. A notice of cross appeal must be filed within seven (7) days from the notice of appeal.

(2) Permissive appeals involving custody of a minor or a Child Protective Act proceeding. An appeal filed pursuant to an order granting a motion for permission to appeal pursuant to Rule 12.1 shall be made only by physically filing a notice of appeal with the clerk of the district court within fourteen (14) days from the date file stamped on the order of the magistrate court granting the appeal or the date of issuance of the Supreme Court order granting the appeal. A notice of cross appeal must be filed within seven (7) days from the notice of appeal.

(b) Preparation and filing of clerk's record. The official court file, including any minute entries or orders together with the exhibits offered or admitted, shall constitute the clerk's record in such appeal. The record shall be prepared in accord with Rule 27 (a) and (b) as to number, use and fee, and Rule 28 (d) (e) and (f) and (g) as to preparation. The clerk shall prepare the record and have it ready for service on the parties within twenty one (21) days of the date of the filing of the notice of appeal. Clerks shall give priority to preparation of the record in these cases. The payment of the clerk's record fee as required by this rule may be waived by the magistrate court pursuant to section 31-3220, Idaho Code, in accordance with the local rules of the judicial district of the district court.

(c) Preparation and filing of transcript. Upon the filing of the notice of appeal the clerk of the district court shall forward the notice to the Trial Court Administrator, who shall be responsible for assigning preparation of the transcript. Unless otherwise ordered by the magistrate court, the appellant shall pay the estimated fee for preparation of the transcript as determined by the transcriber within the time set by the Trial Court Administrator and transcriptionist. The payment of the transcript fee may be waived by the magistrate court pursuant to section 31-3220, Idaho Code, in accordance with the local rules of the judicial district of the district court. Upon receipt of the estimated fee or payment in full, the reporter shall file a Notice of Transcript Deposit with the clerk of the district court on a form provided by the Supreme Court. The transcript shall be prepared in accord with Rule 24 (a) and (b) as to number, use and format, and in accord with Rules 25 and 26. The transcript shall be prepared and ready for service on the parties within twenty one (21) days of the date of the filing of the notice of appeal.

(d) Briefing. The time prescribed in Rule 34 for filing of briefs shall be reduced such that the appellant's brief is due within twenty-one (21) days of the date that the clerk's record and transcript are filed with the Supreme Court. The respondent's and cross-appellant's brief, if any, shall be joined in one brief, and shall be filed within twenty-one (21) days after service of the appellant's brief. The reply brief and cross-respondent's brief, if any, shall be combined and shall be filed within fourteen (14) days of service of any respondent's brief. If there is no cross- respondent's brief then the reply brief shall be filed within seven (7) days after service of the respondent's brief.

(e) Extensions. Each case subject to this rule shall be given the highest priority at all stages of the appellate process, and the clerk, transcriptionist or court reporter, and litigants will not be given extensions of time in which to comply with the expedited docketing and briefing schedules except upon a verified showing of the most unusual and compelling circumstances.

(f) Oral argument. Oral argument, if requested, shall be held within one hundred twenty (120) days from the date stamped on the notice of appeal when it is received by the Supreme Court.

(g)  Petitions for rehearing and review.  Any petition for rehearing or review shall be accompanied by the brief in support of the petition or the petition shall be summarily dismissed.

(Adopted March 19, 2009, effective July 1, 2009, amended March 29, 2010, effective July 1, 2010; amended November 20, 2012, effective January 1, 2013; amended May 5, 2017, effective July 1, 2017; amended September 11, 2024, effective September 11, 2024.)

(a) Certification of a Question of Law. The Supreme Court of the United States, a Court of Appeals of the United States or a United States District Court may certify in writing to the Idaho Supreme Court a question of law asking for a declaratory judgment or decree adjudicating the Idaho law on such question if such court, on the court's own motion or upon the motion of any party, finds in a pending action that:

(1) The question of law certified is a controlling question of law in the pending action in the United States court as to which there is no controlling precedent in the decisions of the Idaho Supreme Court, and

(2) An immediate determination of the Idaho law with regard to the certified question would materially advance the orderly resolution of the litigation in the United States court.

(b) Filing with Idaho Supreme Court. Upon the certification of a question of law to the Idaho Supreme Court under this rule, the United States court or any party in the action pending in that court, may file a certified copy of its order of certification with the Idaho Supreme Court without the payment of any filing fee. Any party to the action pending in the United States court may file a statement or brief in support of, or in opposition to, the certification of the question of law to the Idaho Supreme Court within seven (7) days from the date of filing of the Order of Certification.

(c) Acceptance by the Idaho Supreme Court. The Idaho Supreme Court may in its discretion accept the question of law certified by the United States court under this rule unless it finds that it appears that there is another ground for determination of the case pending in the United States court, or that the question certified for adjudication under this rule is not clearly defined in the Order of Certification, or that there is not an adequate showing that the question of law qualifies for determination under subsection (a) of this rule. The Idaho Supreme Court will enter an order either accepting or rejecting the question certified to it by the United States court and serve copies of such order upon the United States court and all parties to that pending action. If the Idaho Supreme Court accepts the certified question of law for adjudication, the Idaho Supreme Court will, in its order of acceptance, set forth the procedure to be followed in the adjudication proceeding including the sequence and time for the filing of briefs by the parties to the pending action in the United States court. The filing of briefs shall follow an expedited schedule with the appellant's brief due within 28 days from the date of the order, the respondent's brief due within 21 days of the filing of the appellant's brief and any reply brief due within fourteen (14) days of the respondent's brief. The Idaho Supreme Court may, in its discretion, also require copies of all or any portion of the clerk's record or reporter's transcript before the United States court to be filed with the Court, if in the opinion of the Court such documents are necessary in the determination of the question certified.

(d) Argument on Certified Question Before the Idaho Supreme Court. Upon acceptance of a question of law for adjudication under this rule, the Idaho Supreme Court will at that time, or at such later time as the Court deems appropriate, determine whether oral argument is required on the certified question of law and will advise the parties to the pending action in the United States court as to the time, place and procedure for presenting oral arguments to the Court. If oral argument is held, it shall be given priority on the court's calendar behind arguments in custody appeals that are filed pursuant to I.A.R. 11.1 or 12.1.

(e) Adjudication of Certified Question of Law. Upon adjudication of a question of law certified under this rule, the Idaho Supreme Court will issue a written opinion in the same manner as an opinion in an appeal to the Idaho Supreme Court and such opinion shall be distributed, published and reported in the same manner as an opinion in an appeal.

(Adopted April 3, 1981, effective July 1, 1981 Order amending Rule 12.1 - rename to 12.2, March 22, 2002, effective July 1, 2002 rename to 12-3 March 19, 2009, effective July 1, 2009; amended Sept 11, 2017, effective January 1, 2018.)

Idaho Appellate Rule 12.4 Expedited Appeals in Industrial Commission Appeals pursuant to Rule 11(d)(2)

 (a) Criteria for expedited appeal. If the Industrial Commission enters an order deciding   compensability that resolves less than all issues regarding a claim for benefits, a party may move the Industrial Commission to make a determination as to whether the order should be immediately appealable.  In making this determination, the Industrial Commission shall consider the following: 

     (1) Whether an immediate appeal may prevent needless, expensive, and protracted litigation, giving consideration to whether the challenged order would be a basis for reversal upon entry of an order resolving all issues regarding a claim for benefits. 

     (2) Whether irreparable harm or loss will result, the possibility of success on appeal is substantially demonstrated, and administrative economy will be achieved.  

     (3)  Whether delay would be unduly prejudicial or cause significant material harm to a party.  

     (4)  Whether an immediate appeal is likely to result in a net reduction in duration, expense and complexity of litigation if the challenged order is reversed.  

     (5)  Whether the order from which appeal is taken raises a novel or important issue that will provide helpful guidance to the affected legal community.  

(b) Motion for determination of appealability.  The motion for determination of whether the order deciding compensability should be immediately appealable to the Supreme Court must be made within fourteen (14) days from the date of the file stamp of the Industrial Commission on the order deciding compensability.  The motion shall be filed, served and processed in the same manner as any other motion before the Industrial Commission.  If a hearing is held on the motion, it shall be expedited. The Commission shall, within fourteen (14) days after the time for response has expired or within fourteen (14) days of a hearing, whichever is later, enter its written order on the motion.   

(c) Notice of appeal.  If the Industrial Commission determines that an order deciding compensability may be immediately appealed to the Supreme Court, the notice of appeal must be physically filed with the clerk of the Industrial Commission within fourteen (14) days from the date of the file stamp of the Industrial Commission on the order making that determination.  A notice of cross-appeal must be filed within seven (7) days from the notice of appeal. 

(d)  Preparation and filing of clerk's record. The record shall be prepared in accord with Rule 27.   

(e) Preparation and filing of transcript. The transcript shall be prepared in accord with Rule 24 (a) and (b) as to number, use and format, and in accord with Rules 25 and 26. The transcript shall be prepared and ready for service on the parties within twenty eight (28) days of the date of the filing of the notice of appeal.

(f) Settlement of the record. Settlement of the record shall be in accord with Rule 29 except that, in the event an objection to the record is filed, the objection must be set for hearing within fourteen (14) days of the filing of the objection.  

(g) Briefing. The time prescribed in Rule 34 for filing of briefs shall be reduced such that the appellant’s brief is due within twenty-eight (28) days of the date that the clerks record and transcript are filed with the Supreme Court. The respondent's and cross-appellant's brief, if any, shall be joined in one brief, and shall be filed within twenty-one (21) days after service of the appellant’s brief. The reply brief and cross-respondent’s brief, if any, shall be combined and shall be filed within fourteen (14) days of service of any respondent’s brief. 

(h) Extensions.  Each case subject to this rule shall be given priority at all stages of the appellate process, and the clerk, transcriptionist or court reporter, and litigants will not be given extensions of time in which to comply with the expedited docketing and briefing schedules except upon a verified showing of the most unusual and compelling circumstances.

(i) Oral argument. Oral argument, if requested, shall be held within one hundred eighty (180) days from the filing of the notice of appeal.

(j) Petitions for rehearing. Any petition for rehearing shall be accompanied by the brief in support of the petition or the petition shall be summarily dismissed.

 (Adopted on April 23, 2015, effective July 1, 2015; amended and effective January 24, 2019)

(a)  Temporary Stay in Civil Actions Upon Filing a Notice of Appeal or Notice of Cross-Appeal. Unless otherwise ordered by the district court, upon the filing of a notice of appeal or notice of cross-appeal all proceedings and execution of all judgments or orders in a civil action in the district court, shall be automatically stayed for a period of fourteen (14) days; provided, however, that there shall be no automatic stay of any civil protection order issued pursuant to Idaho Code Sections 18-7907 or 39-6306. Any further stay of proceedings and execution of judgments covered by this rule shall be only by order of the district court or the Supreme Court. Any stay of orders or proceedings in the Industrial Commission or the Public Utilities Commission shall be as provided in Rule 13(d) and (e).  

(b)  Stay Upon Appeal - Powers of District Court - Civil Actions. In civil actions, unless prohibited by order of the Supreme Court, the district court shall have the power and authority to rule upon the following motions and to take the following actions during the pendency of an appeal: 

(1)  Settle the transcript on appeal. 

(2)  Rule upon any motion for new trial. 

(3)  Rule on any motion to amend findings of fact or conclusions of law. 

(4)  Rule on any motion to amend the judgment. 

(5)  Rule upon any motion for judgment notwithstanding the verdict. 

(6)  Rule on any motion under Rule 60(a) or (b), I.R.C.P. 

(7)  Rule upon any motion for reconsideration filed pursuant to Rule 11.2(b), I.R.C.P. 

(8)  Enter a stay of execution or enforcement of any injunction or mandatory order entered by the court upon such conditions and upon the posting of such security as the court determines in its discretion. 

(9)  Make any order regarding the taxing of costs or determination of attorneys fees incurred in the trial of the action. 

(10)  Make any order regarding the use, preservation or possession of any property which is the subject of the action on appeal. 

(11)  Take any action or enter any order deemed advisable in the discretion of the court with regard to the custody or support of children pending any appeal involving the custody or support of such children, and to amend or modify such order from time to time, during the pendency of the appeal, by reason of changes of circumstances of the parties. 

(12)  Make any order which the district court deems appropriate in its discretion for the payment or advancement of attorneys fees and/or anticipated costs on appeal by one party to the other, subject to the order of the Supreme Court determining the right to, and amount of, attorneys fees on appeal. 

(13)  Take any action or enter any order required for the enforcement of any judgment or order. 

(14)  Stay execution or enforcement of any judgment, order or decree appealed from, other than a money judgment, upon the posting of such security and upon such conditions as the district court shall determine. 

(15)  Stay execution or enforcement of a money judgment upon the posting of a cash deposit or supersedeas bond by a fidelity, surety, guaranty, title or trust company authorized to do business in the state and to be a surety on undertakings and bonds, either of which must be in the amount of the judgment or order, plus 36% of such amount. Provided, an agreement not to execute on the judgment made pursuant to Rule 16(b) may be filed in lieu of such bond or cash deposit. Any bond filed pursuant to this rule shall state that the company issuing or executing the same agrees to pay on behalf of the appellant all sums found to be due and owing by the appellant by reason of the outcome of the appeal, within 30 days of the filing of the remittitur from the Supreme Court, up to the full amount of the bond or undertaking. A copy of the bond, agreement not to execute, or notification of a cash deposit shall be served upon all parties to the appeal at the time of the application for the stay of execution. Any objection to the sufficiency of a cash deposit or bond posted under this rule shall be waived unless a written objection is made in the form of a motion and filed with the district court within 21 days of the filing of such bond or cash deposit. The district court shall rule upon such objection in the same manner as any other motion under the I.R.C.P. If the district court stays execution or enforcement of a money judgment upon the posting of a cash deposit or supersedeas bond, the court may, upon motion or application, cause or direct any judgment lien filed to be released.  If the appellate court has vacated any money judgment and remanded only for a determination of the amount of the judgment, the district court may continue or modify the amount of any cash deposit or supersedeas bond posted in connection with the appeal.  Any cash deposit may be applied to the judgment upon filing of the remittitur from the Supreme Court. If a party obtains a judgment for punitive damages, the supersedeas bond or cash deposit requirements shall be waived as to that portion of the punitive damages that exceeds one million dollars ($1,000,000) if the party or parties found liable seek a stay of enforcement of the judgment during the appeal.  In addition, the supersedeas bond or cash deposit requirements may be waived in any action for good cause shown. However, if the judgment creditor proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond or cash deposit requirement has been waived, is purposefully dissipating its assets or diverting assets outside the jurisdiction of the United States courts, waiver may be rescinded and the bond or cash deposit requirements may be reinstated for the full amount of the judgment. 

(16)  Any order of the Supreme Court as to whether or not a judgment, order, decree or proceeding shall be stayed shall take precedence over any order entered by the district court. 

(17)  Rule on any motion or application for the issuance of a Rule 54(b) I.R.C.P. certificate making a partial judgment final and appealable. 

(18)  During a permissive appeal under Rule 12, I.A.R., take any actions and rule upon all matters unaffected by the permissive appeal, including conducting a trial, unless a stay is entered by either the district court or the Supreme Court under Rule 13.4(c), I.A.R. 

(19)  During an appeal from a partial judgment certified as final under Rule 54(b), I.R.C.P., take any actions and rule upon any matters unaffected by the Rule 54(b) judgment, including conducting a trial of the issues remaining in the case, unless a stay is entered by either the district court or the Supreme Court under Rule 13.4(c), I.A.R.

(20)  Rule upon any application for court appointed counsel in a civil case, including a petition for habeas corpus or a petition for post-conviction relief. 

(21)  Rule upon any motion pertaining to the taking of depositionspursuant to Rule 27(b), I.R.C.P.

(c)  Stay Upon Appeal - Powers of District Court - Criminal Action. In criminal actions, unless prohibited by order of the Supreme Court, the district court shall have the power and authority to rule upon the following motions and to take the following actions during the pendency of an appeal: 

(1)  Settle the transcript on appeal. 

(2)  Rule upon any motion for a new trial. 

(3)  Rule upon any motion for arrest of judgment. 

(4)  Conduct any hearing, and make any order, decision or judgment allowed or permitted by ß 19-2601, Idaho Code. 

(5)  Conduct any hearing and make any order, decision or judgment with regard to an originally withheld judgment upon a plea or verdict of guilty. 

(6)  Place a defendant upon probation, modify or revoke such probation, or sentence a defendant upon revocation of probation. 

(7)  Determine and order whether there shall be a stay of execution of a judgment of conviction upon an appeal to the Supreme Court, except where the sentence is capital punishment, in which case execution of the sentence shall be automatically stayed pending appeal. 

(8)  Determine whether the defendant should be allowed bail, and if the defendant is allowed bail: 

(i)  Determine the amount of bail; 

(ii)  Modify the amount of bail from time to time; 

(iii)  Forfeit bail for violation of any of its conditions; 

(iv)  Issue a bench warrant for the arrest of the defendant for violation of bail. 

(9)  Determine whether the defendant is entitled to a transcript and court appointed attorney on appeal at public expense, and if so, appoint an attorney for the defendant and upon the filing of a notice of appeal, order the preparation of the transcript and record at public expense. 

(10)  Enter any other order after judgment affecting the substantial rights of the defendant as authorized by law. 

(11)  Rule upon a motion to correct or reduce a sentence under Rule 35 I.C.R. 

(12)  Sentence a defendant for a crime for which the defendant had been found guilty and which has been appealed. 

(d)  Stay Upon Appeal From the Industrial Commission. In administrative appeals from the Industrial Commission the order or award shall be stayed as provided by statute during the pendency of the appeal, unless otherwise ordered by the Industrial Commission or the Supreme Court. 

(e)  Stay Upon Appeal From the Public Utilities Commission. In administrative appeals from the Public Utilities Commission, unless stayed by the Supreme Court, the administrative agency shall have continued jurisdiction of the matter and the parties consistent with the provisions of applicable statutes including the power to settle the transcript and record on appeal. 

(f)  Stay Upon Permissive Appeal.

(1) Stay during processing of motion for permission to appeal. The filing of a motion for permission to appeal under Rule 12 shall not automatically stay the action or proceeding nor the enforcement of the interlocutory judgment, order or decree. After a motion for permission to appeal has been filed, the district court or administrative agency, or the Supreme Court, may grant a stay in the manner provided in this Rule for a stay during an appeal. 

(2)  Stay after a motion for permission to appeal has been granted. Except as provided in subsections (a), (b), (c), (d) and (e) of this Rule, the granting of a motion for permission to appeal under Rule 12 by the Supreme Court automatically stays the entire action or proceeding until the appeal has terminated, and during that time the district court or administrative agency shall have no power or authority over the action or proceeding. Provided, the granting of the motion for permission to appeal does not stay the enforcement of any judgment, order or decree, but the district court or administrative agency, or the Supreme Court, may grant a stay in the manner provided in this Rule for a stay during an appeal. 

(g)  Stay by Supreme Court. The Supreme Court may also, in its discretion, enter an order staying a proposed act, a pending action or proceeding, or the enforcement of any judgment, order or decree, including but not limited to an injunction, writ of mandamus or prohibition, at any time during the pendency of an original application or petition for any extraordinary writ, or during the pendency of any appeal or a motion for certification of appeal. Any order of the Supreme Court shall take precedence over any order entered by the district court or administrative agency. Provided, in any appeal from the district court or an administrative agency, a party desiring to obtain any such stay must first make application to the district court or administrative agency before making application to the Supreme Court. If a district court or administrative agency denies an application for stay, or fails to act upon the application within fourteen (14) days after the filing of the application, any party may apply to the Supreme Court for a stay. If a district court or administrative agency grants a stay, any party may apply to the Supreme Court to modify or vacate the stay. 

(Adopted March 25, 1977, effective July 1, 1977; amended April 11, 1979, effective July 1, 1979; amended March 24, 1982, effective July 1, 1982; amended March 28, 1986, effective July 1, 1986; amended June 15, 1987, effective November 1, 1987; amended March 27, 1989, effective July 1, 1989; amended March 23, 1990, effective July 1, 1990; amended February 10, 1993, effective July 1, 1993; amended March 18, 1998, effective July 1, 1998; amended March 19, 2009, effective July 1, 2009, amended March 29, 2010, effective July 1, 2010; amended November 20, 2012, effective January 1, 2013; amended April 27, 2016, effective July 1, 2016; amended April 28, 2021, effective July 1, 2021; amended April 28, 2022, effective July 1, 2022; amended September 11, 2024, effective September 11, 2024.)

(a)  Application. A party may file in the Supreme Court an application for an ex parte temporary stay of execution of an order or judgment pending the determination of an application made to the Supreme Court under Rule 13(g) for stay during the appeal. Such application shall be made by verified petition, motion or application which shall certify what efforts, if any, have been made to give notice of the application to the adverse party or shall state the reasons supporting the claim that notice should not be required. 

(b)  Ex parte temporary stay. The Supreme Court, acting through three or more members, may issue an ex parte temporary stay of execution pending the determination of an application for stay during the appeal. An ex parte temporary stay may be granted only if it appears from the specific facts shown by the verified petition, motion or application that immediate and irreparable injury, loss, or damage will result to the applicant before a ruling can be had upon the application for stay during the appeal. An ex parte stay may issue with or without security, in the discretion of the Supreme Court, and will state the duration and any conditions of the temporary stay. 

(c)  Motion to dissolve temporary stay. Any party affected by an ex parte temporary stay under this rule may file a motion with the Supreme Court to dissolve such temporary stay and shall serve the motion on all parties to the appeal. The motion shall be processed by the Supreme Court in such manner as it deems appropriate under the circumstances. 

Proceedings in an appeal before the Supreme Court may be suspended only by order of the Supreme Court on motion showing good cause. An order suspending an appeal will state the duration and any conditions of such suspension, which may be terminated or extended by further order of the court upon application of any party or upon the initiative of the Court. 

(Adopted March 24, 1982, effective July 1, 1982.)

(a)  Remand by the Court. At any time before the issuance of an opinion, the Supreme Court may on its own motion, or on motion of any party showing good cause, order a case to be remanded to the district court or to the administrative agency to take further action as designated in the order of remand. 

(b)  Effect of Remand. During a remand to the district court or administrative agency the appeal shall remain pending in the Supreme Court, but the district court or administrative agency shall have jurisdiction to take all actions necessary to fulfill the requirements of the order of remand. 

(a) Permissive Appeal Under Rule 12, I.A.R.  During a permissive appeal under Rule 12, I.A.R., the district court retains jurisdiction to take actions and rule upon matters unaffected by the permissive appeal, which may include jurisdiction to conduct a trial of issues.  Provided, however, that the district court may enter an order staying the remainder of the case pending final disposition of the permissive appeal, either on its own motion or on the motion of any party.

(b)  Appeal from a Partial Judgment Certified as Final under Rule 54(b), I.R.C.P.  During an appeal from a partial judgment certified as final under Rule 54(b), I.R.C.P., the district court retains jurisdiction to take actions and rule upon matters unaffected by the Rule 54(b) judgment, which may include jurisdiction to conduct a trial of the issues remaining in the case. Provided, however, that the district court may enter an order staying the remainder of the case pending an appeal of the Rule 54(b) judgment, either on its own motion or on the motion of any party.

(c) Motion for Stay.

(1) Motion to District Court.  A motion for stay under subdivision (a) or (b) of this Rule may be filed with the district court at any time during the pendency of the permissive appeal or appeal of the Rule 54(b) judgment. The motion shall be filed, served, noticed for hearing and processed in the same manner as any other motion, and hearing of the motion shall be expedited. Within fourteen (14) days after the hearing, the district court shall enter an order granting or denying the motion for stay and setting forth the reasoning for its decision.

(2) Motion to Supreme Court.  If the district court denies the motion for stay, or fails to rule upon the motion within twenty-one (21) days after the filing of the motion, the moving party may apply to the Supreme Court for a stay. If the district court grants a stay, any party may apply to the Supreme Court to modify or vacate the stay. A copy of the district court’s order granting or denying the motion to stay must be attached to the motion filed with the Supreme Court.  Any order of the Supreme Court shall take precedence over any order entered by the district court.

All appeals permitted or authorized by these rules, except as provided in Rule 12, shall be taken and made in the manner and within the time limits as follows:

(a)  Appeals From the District Court. Any appeal as a matter of right from the district court may be made only by physically filing a notice of appeal with the clerk of the district court within 42 days from the date evidenced by the filing stamp of the clerk of the court on any judgment or order of the district court appealable as a matter of right in any civil or criminal action. As used in these rules, “physical filing” includes electronic filing in conformance with the Idaho Rules of Electronic Filing and Service. The time for an appeal from any civil judgment or order in an action is terminated by the filing of a timely motion which, if granted, could affect any findings of fact, conclusions of law or any judgment in the action (except motions under Rule 60 of the Idaho Rules of Civil Procedure or motions regarding costs or attorneys fees), in which case the appeal period for all judgments or orders commences to run upon the date of the clerk's filing stamp on the order deciding such motion. The time for an appeal from any criminal judgment, order or sentence in an action is terminated by the filing of a motion within fourteen (14) days of the entry of the judgment which, if granted, could affect the judgment, order or sentence in the action, in which case the appeal period for the judgment and sentence commences to run upon the date of the clerk's filing stamp on the order deciding such motion. If, at the time of judgment, the district court retains jurisdiction pursuant to Idaho Code § 19-2601(4), the length of time to file an appeal from the sentence contained in the criminal judgment shall be enlarged by the length of time between entry of the judgment of conviction and entry of the order relinquishing jurisdiction or placing the defendant on probation; provided, however, that all other appeals challenging the judgment must be brought within 42 days of that judgment. Provided, if a criminal judgment imposes the sentence of death, the time within which to file a notice of appeal does not commence to run until the death warrant is signed and filed by the court. 

(b)  Appeals From an Administrative Agency. An appeal as a matter of right from an administrative agency may be made only by physically filing a notice of appeal with the Public Utilities Commission or the Industrial Commission within 42 days from the date evidenced by the filing stamp of the clerk or secretary of the administrative agency on any decision, order or award appealable as a matter of right. The time for an appeal from such decision, order or award of the industrial commission is terminated by a timely motion for rehearing or reconsideration of the decision or order which, if granted, could affect the decision, order or award (except motions regarding costs or attorneys fees), in which case the appeal period commences to run upon the date of the filing stamp on the order or decision denying such motion or the decision on rehearing or reconsideration. The time for an appeal from such decision, order or award of the public utilities commission begins to run when an application for rehearing is denied, or, if the application is granted, after the date evidenced by the filing stamp on the decision on rehearing. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended April 3, 1981, effective July 1, 1981; amended April 18, 1983, effective July 1, 1983; amended March 30, 1984, effective July 1, 1984; amended March 21, 2007; effective July 1, 2007, amended March 29, 2010, effective July 1, 2010; amended March 18, 2011, effective July 1, 2011; amended May 1, 2024, effective July 1, 2024.)

(a)  Right to cross-appeal. After an appeal has been filed, a timely cross-appeal may be filed from any interlocutory or final judgment or order. If no affirmative relief is sought by way of reversal, vacation or modification of the judgment or order, an issue may be presented by the respondent as an additional issue on appeal under Rule 35(b)(4) without filing a cross-appeal. 

(b)  Time for filing. A cross-appeal, as a matter of right, may be made only by physically filing the notice of cross-appeal with the clerk of the district court or administrative agency within the 42 day time limit prescribed in Rule 14, as it applies to the judgment or order from which the cross-appeal is taken, or within 21 days after the date of filing of the original notice of appeal, whichever is later. 

(Adopted March 27, 1989, effective July 1, 1989; amended March 1, 2004,effective July 1, 2004, amended March 29, 2010, effective July 1, 2010.)

(a)  No Cost Bond Required. No undertaking on appeal for costs shall be required. 

(b)  Waiver of Supersedeas Bond. The party in whose favor an execution may issue may agree in writing that the party will not execute pending the appeal, in which case no supersedeas bond shall be necessary to stay execution and the district court shall issue a stay so that no writ of execution shall issue on the judgment, or be served if already issued, pending final disposition of appeal. 

(Adopted March 25, 1977, effective July 1, 1977.)

A notice of appeal shall contain substantially the following information:

(a) Title. The title of the action or proceeding.

(b) Court or Agency Title. The title of the court or agency which heard the trial or proceeding and the name and title of the presiding judge or official.

(c) Case Number. The number assigned to the action or proceeding by the trial court or administrative agency.

(d) Parties. The name of the appealing party and the party's attorney and the name of the adverse party and that party's attorney. An address, phone number and email address must also be given, except no email address is required for persons appearing pro se.

(e) Designation of Appeal.

(1) A Designation of the Judgment or Order Appealed From. The notice of appeal shall designate and have attached to it a copy of the judgment or order appealed from which shall be deemed to include, and present on appeal:

(A) All interlocutory judgments and orders entered prior to the judgment, order or decree appealed from, and

(B) All final judgments and orders entered prior to the judgment or order appealed from for which the time for appeal has not expired, and

(C) All interlocutory or final judgments and orders entered after the judgment or order appealed from except orders relinquishing jurisdiction after a period of retained jurisdiction or orders granting probation following a period of retained jurisdiction.

(2) Premature Filing of Notice of Appeal. A notice of appeal filed from an appealable judgment or order before formal written entry of such document shall become valid upon the filing and the placing the stamp of the clerk of the court on such appealable judgment or order, without refiling the notice of appeal.

(f) Issues. A preliminary statement of the issues on appeal which the appellant then intends to assert in the appeal; provided, any such list of issues on appeal shall not prevent the appellant from asserting other issues on appeal.

(g) Jurisdictional Statement. A statement as to the basis for the right to appeal to the Idaho Supreme Court from the judgments or orders described in paragraph 1 of the notice of appeal, including citation to any statute under which the order is made appealable.

(h) Transcript. A designation as to whether a transcript is requested, and if requested, whether a standard transcript, a supplemented transcript, or a partial transcript as defined in Rule 25 is requested by the appellant. The notice shall also state whether appellant's copy of the transcript shall be provided in hard copy or electronic format or both. If no election is made within 21 days of filing the notice of appeal, the appeallant will receive a hard copy of the transcript. If a supplemented transcript is requested, the request shall specifically identify each of the items of additional record requested which would otherwise be excluded under Rule 25 (c).

(i) Record. A designation of documents, if any, to be included in the clerk's or agency's record in addition to those automatically included pursuant to the following Rule 28.

(j) Exhibits-Civil Cases. A designation of documents, charts, or pictures offered or admitted as exhibits in a trial or hearing to be copies and sent to the Supreme Court.

(k) Sealed Record. A statement as to whether an order has been entered sealing all or any part of the record or transcript.

(l) Certification. A certification of the attorney of the appellant, or affidavit of the appellant representing himself or herself:

(1) That service of the notice of appeal has been made upon the reporter of the trial or proceeding;

(2) That the clerk of the district court or administrative agency has been paid the estimated fees for preparation of the designated reporter's transcript as required by Rule 24, or that appellant is exempt from paying such fees because of stated reasons;

(3) That the estimated fees for preparation of the clerk's or agency's record have been paid, or that appellant is exempt from paying such fees because of stated reasons;

(4) That all appellate filing fees have been paid, or that appellant is exempt from paying such fees because of stated reasons; and

(5) That service has been made upon all other parties required to be served pursuant to Rule 20, and that in all cases referred to in Section 67-1401(1), Idaho Code, service has been made upon the attorney general of the state of Idaho. The appellant shall not be required to certify the payment of estimated fees in criminal appeals, appeals from denial of a petition for writ of habeas corpus, or petitions for post-conviction relief, if the district court has entered an order, or thereafter enters an order within 14 days of filing the notice of appeal, that such costs shall be at public expense.

(m) Amended Notice of Appeal.  In the event the original notice of appeal erroneously states any of the information and requirements of this rule or additional facts arise after the filing of the initial notice of appeal, the appellant may thereafter file an amended notice of appeal correctly setting forth the facts and information.  An amended notice of appeal shall be filed with the clerk of the district court in the same manner as the original notice of appeal but no filing fee shall be required. If the original notice of appeal was timely filed from an appealable judgment, order or decree, the amended notice of appeal will relate back to the date of filing of the original notice of appeal. If the amended notice of appeal includes a request for preparation of additional transcripts, the notice must include an estimate of the number of additional pages requested and a certification that the amended notice has been served on each reporter of whom a request for additional transcript is made.  Except in capital cases, an amended notice of appeal may not be filed after the record has been filed with the Supreme Court.

(n) Signature. The name and signature of the attorney for the appellant, or name of appellant if the appellant does not have an attorney.

(o) Form. The notice of appeal shall be in substantially the following form:

Click here for form.

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended April 11, 1979, effective July 1, 1979; amended December 27, 1979, effective July 1, 1980; amended April 18, 1983, effective July 1, 1983; amended March 30, 1984, effective July 1, 1984; amended June 15, 1987, effective November 1, 1987; amended March 27, 1989, effective July 1, 1989; amended March 26, 1992, effective July 1, 1992; amended April 3, 1996, effective July 1, 1996; amended January 30, 2001, effective July 1, 2001; amended March 24, 2005, effective July 1, 2005; amended January 3, 2008, effective March 1, 2008; amended February 4, 2008, effective March 1, 2008; amended March 19, 2009, effective July 1, 2009; amended January 4, 2010, effective February 1, 2010, amended March 29, 2010, effective July 1, 2010; amended March 18, 2011, effective July 1, 2011; amended November 20, 2012, effective January 1, 2013; amended September 1, 2015, effective January 1, 2016; amended May 1, 2024, effective July 1, 2024; amended September 11, 2024, effective September 11, 2024.)

A notice of cross-appeal shall contain substantially the following information: 

(a)  Title. The title of the action or proceeding. 

(b)  Court or Agency Title. The title of the court or agency which heard the trial or proceeding and the name and title of the presiding judge or official. 

(c)  Case Number. The number assigned to the action or proceeding by the trial court or administrative agency. 

(d)  Parties. The name of the party cross-appealing and the party's attorney and the name of the adverse party and that party's attorney. An address, phone number and email address must also be given, except no email address is required for persons appearing pro se. 

(e)  Designation of Appeal. A designation of the judgment or order appealed from shall be deemed to include, and present on appeal, the same interlocutory and final judgments and orders in the same manner as provided for a notice of appeal under Rule 17(e). 

(f)  Issues. A preliminary statement of the issues on appeal which the cross-appellant then intends to assert in the appeal; provided, any such list of issues on appeal shall not prevent the cross-appellant from asserting other issues on appeal. 

(g)  Jurisdictional Statement. A statement as to the basis for the right to cross-appeal to the Idaho Supreme Court from the judgments or orders described in paragraph 1 of the notice of cross-appeal. 

(h)  Transcript. A designation as to what portion, if any, of the reporter's transcript is requested by the cross-appellant in addition to those requested by the appellant in the original notice of appeal, and a certification that the estimated reporter's fee for the transcript requested by the cross-appeal has been paid or that payment is exempt. The notice shall also state whether the cross-appellant's copy of this additional transcript shall be provided in hard copy or electronic format or both. If no election is made within 21 days of filing the notice of cross-appeal, the cross-appellant shall receive a hard copy of the transcript.  

(i)  Record. A designation of documents, if any, to be included in the clerk's or agency's record in addition to those automatically included pursuant to the following Rule 28 and those designated by the appellant in the initial notice of appeal. 

(j) Exhibits-Civil Cases.  A designation of documents, charts, or pictures offered or admitted as exhibits in a trial or hearing, if any, in addition to those requested by the appellant in the original notice of appeal, to be copied and sent to the Supreme Court.

(k)  Certification. A certification of the attorney of the cross-appellant, or affidavit of the person representing himself or herself: 

(1)  That service of the notice of cross-appeal and any request for additional transcript has been made upon the reporter; 

(2)  That the estimated reporter's fees for the requested transcript, if any, have been paid, or that cross-appellant is exempt from paying such fees for stated reasons; 

(3)  That the estimated fees for including any additional documents in the clerk's or agency's record have been paid, or that cross-appellant is exempt from paying such fees for stated reasons. 

(4)  That all appellate filing fees have been paid, or that cross-appellant is exempt from paying such fees because of stated reasons; and 

(5)  That service has been made upon all other parties required to be served pursuant to Rule 20; and that in all cases referred to in Section 67-1401(1), Idaho Code, service has been made upon the attorney general of the state of Idaho. 

(l)  Amended Notice of Cross-Appeal. - In the event the original notice of cross-appeal erroneously states any of the information and requirements of this rule or additional facts arise after the filing of the initial notice of cross-appeal, the cross-appellant may thereafter file an amended notice of cross-appeal correctly setting forth the facts and information. An amended notice of cross-appeal shall be filed with the clerk of the district court in the same manner as the original notice of cross-appeal but no filing fee shall be required. If the original notice of cross-appeal was timely filed from an appealable judgment, order or decree, the amended notice of cross-appeal will relate back to the date of filing of the original notice of cross-appeal. 

(m)  Signature. The name and signature of the attorney for the cross-l appellant, or name of cross-appellant if the cross-appellant does not have an attorney. 

(n)  Form. The notice of cross-appeal shall be in substantially  the following form: 

   Click here for form.

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended April 11, 1979, effective July 1, 1979; amended December 27, 1979, effective July 1, 1980; amended April 18, 1983, effective July 1, 1983; amended March 30, 1984, effective July 1, 1984; amended June 15, 1987, effective November 1, 1987; amended March 27, 1989, effective July 1, 1989; amended April 3, 1996, effective July 1, 1996; amended March 19, 2009, effective July 1, 2009, amended March 29, 2010, effective July 1, 2010.)

(a) Requests for less than the standard transcript and standard record on appeal.  When the appellant has requested less than the standard transcript per I.A.R. 25 or less than the standard clerk's or agency's record per I.A.R. 28, and the respondent wants to include documents that are part of the standard transcript or standard clerk's or agency's record, then the respondent must file a request for this additional material within 14 days of the filing of the notice of appeal or within 14 days of the amended notice of appeal that reduced the standard transcript or standard record requested. The respondent's request must be served upon the appellant and the court reporter or court clerk or administrative agency as appropriate.  The appellant must pay the estimated cost of the additional material within 14 days of the requested additions and file a receipt with the court or agency unless otherwise ordered by the court or agency.  The additional cost may be taxed to the proper party upon the decision on appeal.

(b) No transcript requested.  If the appellant does not request any reporter's transcript in the notice of appeal and the respondent wants to include the reporter's transcript, then the respondent must file a request for this additional material within 14 days of the filing of the notice of appeal or within 14 days of the amended notice of appeal that eliminated the transcript requested.  The respondent's request must be served upon the appellant and the court reporter or court clerk or administrative agency as appropriate.  The respondent shall be responsible for paying the cost of the reporter's transcript and must pay the estimated cost within 14 days of the requested additions and file a receipt with the court or agency unless otherwise ordered by the court or agency.  The request shall also state whether the respondent's copy of the transcript shall be provided in hard copy or electronic format or both.  If no election is made within 21 days of filing the request for transcript, the respondent shall receive a hard copy of the transcript.

(c) Requests for documents in addition to the standard transcript and standard clerk's or agency's record.  When the appellant has requested the standard transcript per I.A.R. 25 and the standard clerk's or agency's record per I.A.R. 28 and the respondent wants to include additional documents, the respondent must file a request for this additional material within 14 days of the filing of the notice of appeal or within 14 days of the amended notice of appeal that eliminated these additional documents.  The respondent's request must be served upon the appellant and the court reporter or court clerk or administrative agency as appropriate.  The respondent shall be responsible for paying the cost of the additional documents and must pay the estimated cost of the additional material within 14 days of the requested additions and file a receipt with the court or agency unless otherwise ordered by the court or agency.  The additional cost may be taxed to the proper party upon the decision on appeal.

(d) Preparation of additional transcript or record.  The additional transcript or record requested shall be incorporated into the original transcript or record and included in the index and table of contents by the reporter or clerk if reasonably practicable, but may be prepared as a supplemental transcript or record.

(e) Sanctions.  If the court concludes that a party or attorney has vexatiously or unreasonably increased the cost of litigation by inclusion of irrelevant materials, the court may deny that portion of the costs the court deems to be excessive and/or impose monetary sanctions.  Notice and an opportunity to respond shall be provided before sanctions are imposed.

(f) Form.  The request for additional transcript or record, made after the filing of the notice of appeal or notice of cross-appeal, shall be in substantially the following form:  

Click here for form. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 20, 1985, effective July 1, 1985; amended June 15, 1987, effective November 1, 1987; amended March 26, 1992, effective July 1, 1992; amended March 9, 1999, effective July 1, 1999; amended March 1, 2000, effective July 1, 2000; REPEALED in its entirety March 21, 2007, New Rule 19 ADOPTED March 21, 2007, effective July 1, 2007; amended March 19, 2009, effective July 1, 2009.)

A notice of appeal or notice of cross-appeal from a district court or an administrative agency, a petition for rehearing, and a petition for review to the Supreme Court are not deemed filed until they are physically received by the clerk of the respective court or administrative agency. For the purpose of filing all other documents involved in the appellate process, and for the purpose of service of all documents upon parties to an action, including service of a copy of a notice of appeal, a petition for rehearing or a petition for review, if the document is transmitted by mail such filing and service shall be deemed complete upon mailing. A certificate of mailing signed by an attorney that a document was properly mailed in the United States mail with postage prepaid to named persons on a day certain shall create a rebuttable presumption that such mailing was so made. At the time of the filing of a notice of appeal or cross-appeal, the appellant or cross-appellant shall serve copies thereof upon all persons who were parties and who appeared in the proceedings below, whether or not they are parties to the appeal, and upon each court reporter from whom a transcript is requested.  At the time of the filing of any other document in the appellate process, the party filing the same shall serve a copy thereof upon all other parties to the action who are parties to the appeal, or who were parties in the proceeding below and who could be affected by the appeal; provided, if the parties to be served are numerous or cannot be found the trial court may order substituted service by publication, or otherwise, upon motion of the serving party. The party shall certify such service and the date and manner of service on the original document filed.  Upon receipt of the notice of appeal, the Clerk of the Supreme Court shall notify the court reporter(s) identified in the Clerk's Certificateof Appeal that a transcript has been requested. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 20, 1985, effective July 1, 1985; amended March 28, 1986, effective July 1, 1986; amended June 15, 1987, effective November 1, 1987 amended January 3, 2008, effective March 1, 2008)

(a)  Filing With Court. An application for stay of execution of a criminal or civil judgment or a petition for review, but not the supporting memorandum or brief, may be filed with the Supreme Court by a facsimile machine process. Any other document may be filed with the Supreme Court by a facsimile machine process when there is an emergency and when orally approved by the office of the clerk of the court in advance of filing. The clerk shall file stamp the facsimile copy as an original and the signature on the copy shall constitute the required signature under Rule 11.1. When a brief or memorandum is thereafter filed in support of a document filed by the facsimile process, each copy of the brief or memorandum shall have attached to it a copy of the motion, application or petition which was filed by the facsimile process. Filings may be made with the Supreme Court only during normal working hours. Provided, documents over ten (10) pages in length cannot be filed by the facsimile machine process. 

(b)  Service of Documents. Service of a document which has been filed with the Supreme Court by facsimile process may be made upon an attorney by transmitting a copy to the office of the attorney by a facsimile machine process. Provided, this rule shall not require a facsimile machine to be maintained in the office of an attorney. 

The failure to physically file a notice of appeal or notice of cross-appeal with the clerk of the district court or an administrative agency, or the failure to physically file a petition for rehearing or a challenge to a final redistricting plan with the clerk of the Supreme Court, each within the time limits prescribed by these rules, shall be jurisdictional and shall cause automatic dismissal of such appeal or petition, upon the motion of any party, or upon the initiative of the Supreme Court.  Failure of a party to timely take any other step in the appellate process shall not be deemed jurisdictional, but may be grounds only for such action or sanction as the Supreme Court deems appropriate, which may include dismissal of the appeal.

(Adopted March 25, 1977, effective July 1, 1977; amended April 18, 1983, effective July 1, 1983; amended November 20, 2012, effective January 1, 2013.)

In computing the time period prescribed or allowed for the filing or service of any document in these rules, the day of the act or event after which the designated period of time begins to run is not to be included, but the last day of the period so computed is to be included unless it is a Saturday, Sunday or a non-judicial day, as defined in Section 1-1607, Idaho Code, in which event the period runs until the end of the next day which is neither a Saturday, Sunday or a non-judicial day as defined in Section 1-1607, Idaho Code. 

(Adopted March 25, 1977, effective July 1, 1977.)

(a)  Filing Fees. The Clerk of the Supreme Court shall charge the following filing fees for appeals and petitions: 

  Filing Fee

No appellate filing fee is required for agencies of the State of Idaho and Counties of the State of Idaho, including public defenders, pursuant to I.C. § 67-2301 and I.C. § 31-3212(2).

(b)  Collection and Transmittal to the Clerk of the Supreme Court. The Clerk of the Supreme Court shall charge and collect the appropriate fee for any petitions initially filed with the Supreme Court. Upon the filing of a notice of appeal, or notice of cross-appeal, the clerk of the district court or administrative agency where the document is filed shall charge and collect the appropriate filing fee and the clerk shall forthwith forward a certified copy of the notice of appeal together with the filing fee to the Clerk of the Supreme Court; provided, an administrative agency may forward the filing fee to the Clerk of the Supreme Court with the Certificate of Appeal. The Clerk of the Supreme Court shall forward all such fees to the state treasurer for deposit in the appropriate fund. 

(c)  Waiver of Appellate Filing Fee. Any appellate filing fee set forth under subsection (a) of this rule may be waived pursuant to section 31-3220, Idaho Code, if such waiver is approved by the Supreme Court. Any party desiring waiver of the appellate filing fee in a civil appeal shall first make application to the district court or administrative agency from which the appeal is taken in accordance with the rules of procedure adopted by the judicial district of the district court or the administrative agency from which the appeal is taken. The order of the district court or administrative agency recommending waiver or no waiver of the appellate filing fee shall be filed by the appellant with the notice of appeal. The appellant shall also file with the notice of appeal a verified petition, motion or affidavit sworn to be the appellant stating: 

(1)  The name and address of the applicant.    

(2)  A request for the waiver of the appellate filing fee. 

(3)  A statement of the factual basis showing the indigency of the applicant to pay such filing fee. 

(4)  A certification by the applicant that the applicant believes that the applicant is entitled to waiver of the filing fee. 

(d)  Request for Waiver. All of said documents filed with the district court with the notice of appeal requesting a waiver of the appellate filing fee shall be forwarded by the clerk of the district court to the Supreme Court at the same time and with the notice of appeal. The Clerk of the Supreme Court, upon receiving the notice of appeal and the request for the waiver of the appellate filing fee shall mark all documents as "lodged" indicating the date and time received. The Supreme Court will rule upon the request for waiver of the appellate filing fee without further briefs or arguments unless otherwise ordered by the Court. If the Supreme Court grants the waiver of the appellate filing fee, it will enter an order to that effect and the Clerk of the Court shall thereupon file the notice of appeal and all other documents relating to the waiver of the appellate filing fee which shall be deemed filed on the date and time they were initially lodged with the Supreme Court. In the event the Supreme Court denies the waiver of the appellate filing fee the Clerk shall so notify the appellant and the notice of appeal and all documents relating to the waiver of the appellate filing fee shall be lodged with the Supreme Court but not filed, and no appeal shall be pending with the Supreme Court unless and until the appellate filing fee is paid by the appellant. 

(e)  Automatic Waiver.  In any appeal in which the appellant or cross-appellant is represented by the Idaho Legal Aid Services, the appellate filing fee shall automatically be waived and the clerk of the district court and the Clerk of the Idaho Supreme Court shall accept the notice of appeal or notice of cross-appeal without the payment of the appellate filing fee. 

(f)  Certificate of Appeal. Along with the notice of appeal or notice of cross-appeal,the clerk of the district court or the administrative agency shall, prepare and send to the Clerk of the Supreme Court a Certificate of Appeal in the form provided by these rules.  Provided, if the appeal is from the denial by the trial court of an application for waiver of fees, the clerk shall attach to the Certificate of Appeal copies of the motion or application for waiver of fees, all affidavits and documents presented in support of the motion or application and the order of the trial court denying the same. 

(Adopted March 25, 1977, effective July 1, 1977; amended April 11, 1979, effective July 1, 1979; amended December 27, 1979, effective July 1, 1980; amended April 3, 1981, effective July 1, 1981; amended March 24, 1982, effective July 1, 1982; amended March 30, 1984, effective July 1, 1984; amended March 20, 1985, effective July 1, 1985; amended June 15, 1987, effective November 1, 1987; amended March 30, 1988, effective July 1, 1988; amended April 5, 1990, effective July 1, 1990; amended April 28, 1983, effective July 1, 1993; April 11, 1994, effective July 1, 1994; amended April 3, 1996, effective July 1, 1996; amended March 1, 2004, effective July 1, 2004; amended March 21, 2007; effective July 1, 2007; amended January 3, 2008, effective March 1, 2008; amended February 4, 2008, effective March 1, 2008; amended January 4, 2010, effective February 1, 2010; amended November 20, 2012, effective January 1, 2013; amended and effective June 26, 2019.)

(a) Format and Use of Transcripts. The reporter shall prepare one copy of the reporter's transcript in electronic format for the Supreme Court, which shall be lodged with the district court and filed with the Supreme Court following settlement. If requested, the reporter shall also prepare a hard copy of the transcript for service on the appellant and respondent, as each party may elect whether to receive it in electronic format or in hard copy or both. If there are multiple appellants or respondents, they shall determine by stipulation which appellant or respondent shall be served with the transcript by the clerk and the manner and time and use of the transcript by each appellant or respondent. In the absence of such stipulation the determination shall be made by the trial court or agency upon the application of any party or the clerk. If a reporter's transcript has already been prepared for the appellant and/or respondent in an appeal from an administrative agency, when requested by the Supreme Court the reporter shall furnish one computer-searchable transcript in electronic format to the Court, but additional copies need not be made for the parties.    

(b) Additional Electronic Copy. Once an original transcript in either hard copy or electronic format has been paid for, any party may request an additional electronic copy of the transcript upon payment of $20.00 to the court reporter.

(c) Estimate of Reporter's Fees - Filing. Upon the conclusion of any trial in the district court, or proceeding in an administrative agency, the reporter shall estimate the number of pages or cost of preparing a transcript of the trial or proceeding and shall certify the amount thereof in writing which shall be delivered to the clerk and filed in the file of the action or proceeding. In the event the reporter fails to so estimate the fees for a transcript within two (2) days from the conclusion of the trial or proceeding, the estimated fees for preparation of the transcript shall be deemed to be the sum of $200.00, unless the reporter shall thereafter file the reporter's estimated fees before the filing of a notice of appeal; provided, the reporter's estimated fee may be included in the minute entry of the hearing or proceeding or stamped or endorsed thereon.

(d) Payment of Estimated Reporter's Fees to Clerk. Before filing a notice of appeal, a party to a trial in the district court or a proceeding in the Public Utilities Commission must first serve a copy of the notice of appeal on the reporter, which may be made by mail to the reporter at the resident chambers of the reporter's judge or the office of the clerk of the Public Utilities Commission addressed to the reporter; and the appealing party shall pay to either the clerk of the district court or the reporter, as determined by the Trial Court Administrator, the estimated fees for the preparation of any requested transcript in the amount determined under subparagraph (b) of this rule. Upon receipt of the estimated fee or payment in full, the reporter or clerk of the district court, as appropriate, shall file a Notice of Transcript Deposit with the clerk of the district court on a form provided by the Supreme Court. If the estimated transcript fees are paid to the clerk of the district court, the clerk shall hold the same in trust and pay the same to the reporter upon the lodging of the completed transcript by the reporter. The payment of the reporter's fee in appeals from the Industrial Commission or Public Utilities Commission shall be as ordered by the respective Commission.

(e) Time for Preparation of Transcript. The reporter of any trial or proceedings shall prepare and lodge with the district court or with the administrative agency the requested transcript(s) according to the following:

(1) If the transcript is estimated according to section (c) of this rule to be less than 100 pages in length, the transcript shall be due within 30 days from the date the reporter is notified by the Supreme Court of the requested transcript.

(2) If the transcript is estimated according to section (c) of this rule to be more than 100 pages in length but less than 500 pages in length, the transcript shall be due within 63 days from the date the reporter is notified by the Supreme Court of the requested transcript.

(3) If the transcript is estimated according to section (c) of this rule to be more than 500 pages in length, and the court reporter estimates that additional time above the 63 days set out in section (d)(2) will be needed to complete the transcript, then the court reporter must file a proposed completion schedule with the Supreme Court. This motion for time to file a transcript estimated to be over 500 pages shall be filed on a form approved by the Supreme Court. The court will then determine the due date for the lodging of the transcript with the district court.

(4) In the event a court reporter fails to provide a written summary of the anticipated length of the reporter's transcript according to part (c) of this rule, the reporter's transcript shall be due within 30 days from the date the reporter is notified by the Supreme Court of the requested transcript.

(f) Extensions of Time for Preparation of Transcript. The reporter of any trial or proceeding shall prepare and lodge with the district court or with the administrative agency the requested transcript within the time limits set out in subsection (d) of this rule. If the reporter is unable to meet this deadline an extension of time must be requested from the Idaho Supreme Court. An extension of time for the preparation and lodging of the transcript may be obtained by filing a motion for extension of time with the Idaho Supreme Court at least five days before the transcript is due unless good cause is shown for the failure to timely file a motion. The motion for extension of time shall be on a form approved by the Supreme Court.

(g) Past Due Transcripts. In the event a transcript is 14 days past due, the clerk of the Idaho Supreme Court shall notify the court reporter, trial court administrator, administrative district judge and the district judge responsible for supervising the reporter, and the trial court administrator shall take appropriate action which may include

(1) imposing disciplinary action,

(2) identifying another official reporter in the district who can provide coverage for court proceedings while the transcript is completed,

(3) implementing a performance improvement plan that requires weekend and evening hours to complete the transcript(s),

(4) identifying an official or a freelance court reporter who will complete the transcript and be compensated as appropriate, or

(5) with approval of the Administrative Director of the Courts, removing the court reporter from the courtroom until the transcript is complete and hiring a different court reporter to provide coverage for court proceedings. In the event a transcript is reassigned to a different court reporter, the court reporter must immediately turn over all notes of the particular proceeding to the trial court administrator. The trial court administrator shall notify the clerk of the Supreme Court of the action taken regarding the transcript, including the anticipated date of filing and any reassignment.

(h) Waiver of Reporter's Fee. The payment of the reporter's fee as required by this rule may be waived by the district court pursuant to section 31-3220, Idaho Code, in accordance with the local rules of the judicial district of the district court.

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended December 27, 1979, effective July 1, 1980; amended April 18, 1983, effective July 1, 1983; amended March 30, 1984, effective July 1, 1984; amended June 15, 1987, effective November 1, 1987; amended July 17, 1996, effective October 1, 1996; amended December 31, 1996, effective January 6, 1997; amended effective October 1, 1997 amended January 3, 2008, effective March 1, 2008; amended February 4, 2008, effective March 1, 2008; amended March 19, 2009, effective July 1, 2009; amended March 18, 2011, effective July 1, 2011; amended and effective January 24, 2019; amended April 28, 2021, effective July 1, 2021; amended September 11, 2024, effective September 11, 2024.)

The reporter's transcript shall contain those portions of the record designated by the parties in conformance with and as defined in this rule. 

(a) Designation of Transcript.  The parties are responsible for designating the proceedings necessary for inclusion in the reporter's transcript on appeal. Parties are encouraged and expected to specify a transcript more limited than the standard transcript where appropriate. All requests for transcripts, including a request for a standard transcript in a criminal appeal, must identify the name of the court reporter(s) along with the date and title of the proceeding(s), and an estimated number of pages.  

 (b)  Partial Transcript. The partial transcript shall consist of those portions of the testimony and proceedings specifically designated in the notice of appeal, notice of cross-appeal, or request for additional reporter's transcript under Rule 19. 

 (c)  Standard Transcript – Civil Appeals. There is no standard transcript in civil appeals.  Requested proceedings must identify the name of the court reporter(s), along with the date and title of the proceeding(s), and an estimated number of pages. 

(d)  Standard Transcript – Criminal Appeals.  

     (1) Appeal from Judgment of Conviction.  If any party requests the reporter’s standard transcript in an appeal from a criminal conviction, the transcript shall be limited to the following:

          (A)    all testimony and proceedings reported by the reporter in the trial of the action or proceedings, including
              

               (i)    the voir dire examination of the jury,

               (ii)    the opening statements and closing arguments of counsel,

               (iii)    the conference on requested instructions, the objections of the parties to the instructions, and the court's ruling on instructions; or

          (B)    the hearing at which the guilty plea was entered, and 

          (C)    the sentencing hearing.

No transcripts of other hearings or proceedings heard by the trial court at some time other than during the course of the trial shall be prepared unless specifically requested. Transcripts of pre-trial and post-trial proceedings other than the entry of a guilty plea or sentencing must be specifically designated and requested.

(2)    Appeal from post-judgment proceedings. There is no standard transcript in an appeal from post-judgment proceedings. Requested proceedings must be identified by the name of the court reporter(s), along with the date and title of the proceeding(s), and an estimated number of pages. 

(e) Standard Transcript in Death Penalty Cases.  In criminal appeals in which the death penalty was imposed the standard transcript shall include all hearings and proceedings held in the trial court of every nature and description.   

(f)  Depositions or Statements.  Depositions or statements which are read into the record shall be reported by the reporter and shall be included in the reporter's standard transcript or when specifically requested by a party.  Depositions or statements which are admitted as exhibits in evidence but not read into the record, and depositions or statements which are not read into the record but which are considered by the court in the trial of the action or by an administrative agency in a proceeding, or in connection with any motion in the action or proceedings, shall not be included in the reporter's transcript, but shall be included in the clerks or agency's record if specifically requested pursuant to Rules 19 or 28 (c). 

(g)   Recorded Testimony.  Any audio recording or audio-visual recording of testimony given under oath and played during the proceeding shall be reported by the reporter and included in the reporter's standard transcript in the same manner as other testimony of the trial or hearing.  

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended March 30, 1984, effective July 1, 1984; amended March 20, 1985, effective July 1, 1985; amended June 15, 1987, effective November 1, 1987; amended April 3, 1996, effective July 1, 1996; amended March 18, 1998, effective July 1, 1998; amended March 1, 2000, effective July 1, 2000; amended March 21, 2007, effective July 1, 2007; amended March 19, 2009, effective July 1, 2009; amended March 18, 2011, effective July 1, 2011; amended November 20, 2012, effective January 1, 2013; amended May 5, 2017, effective July 1, 2017.)

The reporter's transcript of all judicial proceedings shall be prepared in accordance with and as defined by this rule.

(a) Paper. If a hard copy of the transcript is requested, the transcript shall be clearly and legibly printed on white, unglazed paper 8 1/2 x 11 inches in size on at least 20 pound paper.

(b) Margins. The margins at the top and bottom of each page shall be one inch. The left margin shall be a maximum of 1.5 inches and the right margin shall be a maximum of .5 inches.

(c) Lines. The lines of each transcript shall be double-spaced with a minimum of 25 lines and a maximum of 30 lines per page. Quotations, citations, and parenthetical notes may be single-spaced. Each line shall be numbered on the left margin.

(d) Font. The transcript shall be printed in courier or equivalent font style.

(e) Type Size. The type size shall be ten characters to the inch.

(f) Indentions. All indentions for paragraphs and "Q" and "A" shall be seven spaces with subsequent lines extended to the left margin.

(g) Parentheticals. Parenthetical material shall be indented no more than 12 spaces from the left margin with no blank spaces before or after the parenthetical. Parentheticals shall be clear and concise and shall avoid the use of legal terms. The following parentheticals shall be used wherever possible and placed on a single line; Proceeding adjourned Proceedings in chamber Clerk complied Witness complied Witness excused Counsel complied Bailiff complied (Name) exhibit admitted Exhibit marked In the presence of the jury In the absence of the jury Discussion held off the record Record read back Recess Document shown to witness Document produced by counsel

(h) Colloquies. A colloquies shall begin on the same line as the identification of the speaker, no more than seven spaces from the left margin with subsequent lines extended to the left margin.

(i) Page Breaks. Page breaks shall be used only after a recess or at the beginning of a new day.

(j) Index. Each volume of the reporter's transcript shall contain an index of the contents of the complete reporter's transcript in alphabetical order, describing the proceedings and date, volume number, page and line, together with the name of each witness, form of testimony, (e.g. direct, cross, redirect, etc.) and indicate where each exhibit is marked, offered, admitted, or rejected. The reporter's transcript shall report the trial or proceedings in chronological order. Each index may be separate.

(k) Cover Page. Each volume of the reporter's transcript shall include a cover page, which shall state the title of the Supreme Court and the title of the action in the district court or administrative agency with the names and proper designation of the parties on appeal. The proceedings reported shall be included, together with the title of the district court or administrative agency appealed from, the name of the presiding judge or chair, and the names of the attorneys and the parties for which they appear in the appeal.

(l) Binding. Each volume of the reporter's transcript shall be bound with a front cover of heavy clear plastic and a back cover of 65 pound paper- stock or heavier material, fastened at the left edge in spiral or plastic- type binding, so as to open as flat as possible. A transcript shall contain no more than 300 pages, unless the transcript can be completed in 350 pages or less.

(m) Format and Pagination.

(1) Electronic Format.  The electronic copy of the reporter's transcript shall be prepared in standard format in the same arrangement as specified in this rule.  The standard format shall have no more than one page of regular transcript on one 8 ½ x 11 inch page of the electronic file.  Each page shall be numbered consecutively at the bottom center of each page.

(2) Hard Copy. If a hard copy of the reporter’s transcript is requested, the hard copy may be prepared in a compressed format in the same arrangement as specified in this rule with the following requirements: 

A. The cover page and indexes shall be printed in standard format for ready identification, which information can also be included in the compressed transcript.

B. The compressed format shall have no more than 12 pages of regular transcript on one page of compressed transcript, using both the front and back of each page and having no more than three columns of text on a page. Each page shall be numbered consecutively at the bottom center of each page. The pagination shall be horizontal as follows: 

1   2

3   4

C. The compressed transcript shall contain identification of page and line numbers from the standard transcript and shall be printed in a format that is easily readable.

D. Each volume of a compressed transcript shall contain no more than 200 pages, unless the transcript can be completed in 250 pages or less.

(n) Certificate of Reporter. At the end of the reporter's transcript, the reporter preparing the transcript shall certify that the reporter was the reporter of the trial or proceeding, or that the reporter was designated by the district court, agency, or Supreme Court to transcribe the proceedings, and that the transcript is a true and accurate report of such trial or proceeding to the best of the reporter's ability, and that the transcript contains all of the material designated in the notice of appeal, any notice of cross-appeal, and any request for additional transcripts, which may have been served upon the reporter.

(o) Filing notice of lodging with the district court. Upon lodging one or more transcripts with the district court or administrative agency the court reporter shall file a notice of lodging with the district court, a copy of which shall be sent to the Supreme Court by email, fax or letter. The notice shall state that the court reporter has lodged all assigned appellate transcript(s) requested in that appeal and shall list each transcript lodged by date and title of proceeding. If more than one transcript is requested from a court reporter within the same appeal the court reporter shall not file this notice until all transcripts due from that court reporter have been lodged. The notice of lodging shall be file stamped by the district clerk and included in the clerkís record on appeal.

(p) Transcripts on Appeal from the Public Utilities Commission. On appeal from the Public Utilities Commission, the reporter may file transcripts complying with the Public Utility Commission's rules for preparation of transcripts so long as the first page and cover page of all such transcripts shall state the title of the Supreme Court, the title of the proceedings in the Public Utilities Commission, the names and proper designation of the parties and their counsel.

(Adopted July 17, 1996, effective October 1, 1996; amended effective October 1, 1996; amended March 18, 1998, effective July 1, 1998; amended March 19, 2009, effective July 1, 2009; amended April 28, 2021, effective July 1, 2021.)

(a)  Ordering Disks. If a written transcript is requested, any party may request computer-searchable disks of some or all of the written transcipt. The request for a disk must be filed with the district court and served upon the reporter within fourteen (14) days after the filing of the notice of appeal or within fourteen (14) days after the filing of notice of cross-appeal. The request for disks shall not eliminate written transcripts as required by these rules. 

(b)  Preparation and Service of Disks. The reporter shall provide disks of the entire transcript unless a partial transcript is requested by a party. The disks shall be in standard ASCII code unless otherwise agreed by the reporter and the party ordering the disks. The reporter shall serve the disks on the parties requesting them within fourteen (14) days after service of the written transcripts on the parties. Each disk shall be labeled with the case title and number of the case. Each disk also must be individually labeled to show its position in the sequence of disks, the pages of the written transcript contained on the disk and the date of the proceedings contained on the disk. (e.g. disk 5 of 7, transcript pages 1251-1449, heard September 10, 1990.) The complete set of disks must be accompanied by a written index showing the case name, case number, disk name, dates of the hearings, disk number, and volume and page numbers. 

(c)  Copies of Disks for Court. If any party requests disks, the reporter shall prepare and file with the Supreme Court duplicate disks in standard ASCII code within fourteen (14) days after filing the written transcripts. The parties shall pay the cost of such computer-searchable disks filed with the Supreme Court, as provided in subsection (d) of this rule. 

(d)  Charges for Disks. Reporters may charge and receive the sum of $.25 per transcript page for disks requested by a party; provided, the reporter shall receive the sum of $7.50 per disk for the disks filed with the Supreme Court as required by subsection (c) of this rule. The estimated charges for the disks shall be based upon the estimate of the transcript filed by the reporter under Rule 24(b) and shall be paid by the requesting party to the clerk of the district court for the benefit of the reporter when the request is filed with the court. The charges shall be adjusted by the reporter and the party making the request when the actual number of pages of transcript has been determined. The charges for the disks to be filed with the Supreme Court under subsection (c) of this rule shall be paid to the clerk of the district court by the first party requesting such disks. 

(Adopted March 20, 1991, effective July 1, 1991.)

(a)  Number and Use of Record. The clerk of the district court or agency shall prepare one electronic copy of the clerk's or agency's record for the Supreme Court. If requested, the clerk shall also prepare a hard copy of the record for service on the appellant and respondent, as each party may elect whether to receive it in electronic format or in hard copy or both. If there are multiple parties, they shall determine by stipulation which party shall be served with the record by the clerk and the manner and time of use of the record by each party. In the absence of such a stipulation, the determination shall be made by the district court or agency upon the application of any party or the clerk. Any party may also request and pay for an additional separate copy of the record from the clerk. 

(b)  Clerk's Fee.

(1) Paper copy. If a paper copy of the record is requested, the clerk of the district court shall charge and collect a fee for the preparation of the record in the sum of $1.25 for each page of the record. Provided, in addition to this fee the clerk shall charge and collect an additional fee for the actual cost of the record covers. This fee shall be full payment for two complete paper copies of the record, one for the appellant and one for the respondent, and one electronic copy for the Supreme Court. Any party may obtain an additional copy of the record for the charge of $.50 per page. The clerk of an administrative agency shall charge such sum, if any, as ordered by the administrative agency. 

(2) Electronic Copy. If only an electronic copy of the record is requested, the clerk of the district court shall charge and collect a fee for preparation of the electronic record in the sum of $0.65 for each page. Any party may request an additional copy of the record on CD upon payment of $20.00 to the clerk of the district court.

(c)  Payment of Estimated Fees. Upon the filing of a notice of appeal, or within three (3) working days thereof, the appellant shall pay the clerk an estimated record fee as computed by the clerk of the district court or administrative agency in accordance with subparagraph (b) of this rule, provided, if the estimated fee has not been made within two (2) days after the conclusion of the trial or proceeding, the estimated fees for preparation of the record shall be deemed to be the sum of $100.00 until the actual fee has been computed.

(d) Time for Preparation. The clerk of the district court or administrative agency shall prepare the clerk's or agency's record and have it ready for service on the parties within 28 days of the date of the filing of the notice of appeal. The clerk shall retain the copies of the clerk's or agency's record until the reporter's transcript, if any, is finished and thereafter cause the same to be settled and forwarded to the Supreme Court as provided by Rule 29. An extension of time for preparation of the record may be obtained by filing a motion for extension of time with the Idaho Supreme Court at least five days before the record is due unless good cause is shown for the failure to timely file a motion. The motion for extension of time shall be on a form approved by the Supreme Court.

(e)  Waiver of Clerk's Fee. The payment of the clerk's record fee as required by this rule may be waived by the district court applying the same requirements as for a civil case as set forth in section 31-3220, Idaho Code, if the appellant is not a prisoner as defined in that statute. If the appellant is a prisoner, payment of the clerk's record fee as required by this rule may be waived by the district court applying the same requirements as for a civil case as set forth in section 31-3220A, Idaho Code.

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended December 27, 1979, effective July 1, 1980; amended March 24, 1982, effective July 1, 1982; amended March 20, 1985, effective July 1, 1985; amended June 19, 1995, effective July 1, 1995; amended March 9, 1999, effective July 1, 1999; amended March 24, 2005, effective July 1, 2005 amended February 4, 2008, effective March 1, 2008, ammended June 24, 2010, effective July 1, 2010; amended March 18, 2011, effective July 1, 2011; amended May 5, 2017, effective July 1, 2017; amended and effective January 24, 2019; amended April 28, 2021, effective July 1, 2021; amended April 28, 2022, effective July 1, 2022.)

(a) Designation of Record.  Parties are responsible for designating the documents which will comprise the clerk's record on appeal.  The standard record described in subsection (b) is not designed to include many items i.e., motions for summary judgment, affidavits, jury instructions, etc.) which may be pertinent to the appeal in a specific case.  Parties are encouraged to designate a clerk's or agency's record more limited than the standard record.  

(b)  Content - Standard Record. The clerk's or agency's record shall automatically include the following pleadings and documents, including the following pleadings and documents filed in the magistrates division: 

(1)  In civil cases and proceedings, unless limited by designation in the notice of appeal or amended notice of appeal: 

A.  Register of actions. 

B.  Any order sealing all or any portion of the record. 

C.  The original and any amended complaint or petition.

D.  The original and any amended answer or response to the complaint or petition.  

E.  The original and any amended counterclaim, third party claim, or cross-claim.

F.  The original and any amended answer or response to a  counterclaim.

G.  The jury verdict rendered in a jury trial.

H.  The findings of fact and conclusions of law and any memorandum decision entered by the court. 

I.  All judgments and decrees.

J.  A list of all exhibits offered, whether or not admitted.

K.  Notice of appeal and cross-appeal.

L. Any briefs filed by the parties in an appeal from the magistrates division to the district court.

M.  Any request for additional reporter's transcript or clerk's record.

N.  A court reporter's notice of lodging with the district court.

O.  Table of contents and index, which shall be placed at the beginning of each volume of the record.

(2) In criminal cases and proceedings.

A. Any order sealing all or any portion of the record.

B. Register of actions.

C. All court minutes.

D. All uniform citations, complaints, information and indictments.

E. All orders of the court.

F. All motions filed by either the state or the defendant.

G. All written plea agreements.

H. The jury verdict.

I. The judgment or order withholding judgment.

J. A list of all exhibits offered, whether admitted or not.

K. Presentence Investigation Reports; however, this report shall be forwarded as a confidential exhibit and shall not be placed in the bound clerk's record.

L. Notice of appeal and any notice of cross-appeal.

M. Any briefs filed by the parties in an appeal from the magistrates division to the district court.

N. Any request for additional reporter's transcript or clerk's record.

O. A court reporter's notice of lodging with the district court.

P. In criminal appeals in which the death penalty was imposed, all documents in the trial court file of every nature, kind and description, except that the presentence investigation report shall be forwarded as an exhibit to the record.

(3) In administrative proceedings:

A. Any order sealing all or any portion of the record.

B. Any original or amended complaint, petition, application or other initial pleading.

C. Any answer or response thereto.

D. All documents relating to an application or petition to intervene.

E. Any protest or other oppositions filed by a party.

F. Certificate listing A list of all exhibits offered, whether or not admitted.

G. The findings of fact and conclusions of law made by a referee or a hearing officer.

H. The findings of fact and conclusions of law, or if none, any memorandum decision entered by the agency.

I. The final decision, order or award.

J. Petitions for rehearing or reconsideration or orders thereon.

K. Notice of appeal and any notice of cross-appeal.

L. Any request for additional reporter's transcript or agency's record.

M. Table of contents and index.

(c)  Additional Documents.  The clerk's or agency's record shall also include all additional documents requested by any party in the notice of appeal, notice of cross-appeal and requests for additional documents in the record.  Any party may request any written document filed or lodged with the district court or agency to be included in the clerk's or agency's record including, but not limited to, written requested jury instructions, written jury instructions given by the court, depositions, briefs, statements or affidavits considered by the court or administrative agency in the trial of the action or proceeding, or considered on any motion made therein, and memorandum opinions or decisions of a court or administrative agency.  

(d)  Preparation of Record.  The clerk shall prepare the record on paper by making clearly and distinctly legible photocopies or other reproductions of all documents included in the record.  The clerk shall type or have typed any document which cannot be reproduced in a distinctly legible form.

(e)  Cover of Record.  The clerk's or agency's record shall be bound with a cover of 65 pound paper stock or heavier material and shall not have a plastic or acetate cover.  The record shall be fastened at the top edge so as to open as flatly as possible.

(f)  Arrangement and Numbering.  All pleadings, documents, and papers required to be in the clerk's or agency's record shall be inserted chronologically as indicated by the date of filing.  Each page of the clerk's or agency's record shall be numbered consecutively at the bottom of the page. The numbering shall include every page included in the record even if it was not a filed document, such as the title page, the table of contents, the index, and the register of actions. Each volume of the clerk's or agency's record shall contain no more than 200 pages unless the record can be completed in 250 pages.

(g)  Table of Contents and Index of Record-Electronic Bookmarks.  

     (1) Hard Copy Record.  Each volume of the clerk's or agency's record shall contain a chronological table of contents of the documents included in the entire record and shall have an alphabetical index indicating the volume and page where each  pleading, document or paper may be found.

     (2) Electronic Copy of Record.  An electronic clerk or agency's record shall contain electronic bookmarks that link to each document in the electronic record.

(h)  Certificate of Clerk.  The clerk of the court or administrative agency shall certify at the end of the record, that the record contains true and correct copies of all pleadings, documents and papers designated to be included in the clerk's or agency's record by Rule 28, the notice of appeal, any notice of cross-appeal, and any designation of additional documents to be included in the clerk's or agency's record. The clerk's or agency's record shall also include the certificate required by Rule 31(d).

(i)  Certificate of Service.  The clerk shall certify in the record, or in the clerk's certificate, the date of service of the record and the transcript on the parties or their counsel.  

(Adopted March 25, 1977, effective July 1, 1977; amended December 27, 1979, effective July 1, 1980; amended March 24, 1982, effective July 1, 1982; amended March 20, 1985, effective July 1, 1985; amended June 15, 1987, effective November 1, 1987; amended March 27, 1989, effective July 1, 1989; amended March 26, 1992, effective July 1, 1992; amended June 19, 1995, effective July 1, 1995;amended March 1, 2000, effective July 1, 2000; amended January 30, 2001, effective July 1, 2001; amended March 22, 2002, effective July 1, 2002; amended March 21, 2007; effective July 1, 2007; amended March 19, 2009, effective July 1, 2009; amended January 4, 2010, effective February 1, 2010; amended February 27, 2013, effective July 1, 2013; amended December 29, 2015, effective January 1, 2016; amended May 5, 2017, effective July 1, 2017; amended May 1, 2024, effective July 1, 2024.)

(a)  Settlement of Transcript and Record. Upon the completion of the reporter's transcript, the reporter shall lodge the original and all copies with the clerk of the district court or administrative agency. Upon the receipt of the reporter's transcript and upon completion of the clerk's or agency's record, the clerk of the district court or administrative agency shall serve copies of the reporter's transcript and clerk's or agency's record upon the parties by serving one copy of the transcript and record on the appellant and one copy of the transcript and record on the respondent. In all appeals from criminal prosecutions and post-conviction relief petitions service shall be made upon the attorney general of the state of Idaho, as representative of the state. Service may be by personal delivery or by mail. If service is made by mail it shall be accompanied by a certificate indicating the date of mailing. If there are multiple parties appellant or respondent the clerk shall mail or deliver a notice of the lodging of the reporter's transcript and clerk's or agency's record to all attorneys or parties appearing in person, stating that the transcript and record have been lodged, and further stating that the clerk will serve the same upon the parties upon receipt of a stipulation of the parties, or order of the district court or administrative agency, as to which parties shall be served with the transcript and record. The parties shall have 28 days from the date of the service of the transcript and the record within which to file objections to the transcript or the record, including requests for corrections, additions or deletions. In the event no objections to the reporter's transcript or clerk's or agency's record are filed within said 28-day time period, the transcript and record shall be deemed settled. Any objection made to the reporter's transcript or clerk's or agency's record must be accompanied by a notice setting the objection for hearing and shall be heard and determined by the district court or administrative agency from which the appeal is taken; provided, however, that no hearing shall be necessary if the opposing party stipulates to, or otherwise indicates in writing that it does not oppose, the relief requested in the objection. After such determination is made, the reporter's transcript and clerk's or agency's record shall be deemed settled as ordered by the district court or administrative agency. The reporter's transcript and clerk's or agency's record may also be settled by stipulation of all affected parties. 

(b)  Filing Transcript and Record with Supreme Court. Upon settlement of the reporter's transcript and the clerk's or agency's record, the clerk of the district court or administrative agency shall, within seven (7) days, file the electronic copy of the transcript and the clerk's or agency's record with the Clerk of the Supreme Court. The Clerk of the Supreme Court shall notify all attorneys of record, or parties appearing in person, of the date of such filing. Such notification shall also state when the briefs of the parties are required to be filed. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended March 30, 1984, effective July 1, 1984; amended July 17, 1996, effective October 1, 1996; amended January 30, 2001, effective July 1, 2001; amended March 22, 2002, effective July 1, 2002; amended March 19, 2009, effective July 1, 2009; amended and effective January 24, 2019; amended April 28, 2021, effective July 1, 2021.)

(a) At any time before the issuance of an opinion, any party may move the Supreme Court to augment or delete from the settled reporter's transcript or clerk's or agency's record. Such a motion shall be accompanied by a statement setting forth the specific grounds for the request and attaching a copy of any document sought to be augmented to the original motion which document must have a legible filing stamp of the clerk indicating the date of its filing, or the moving party must establish by citation to the record or transcript that the document was presented to the district court.  In order for augmented pages to be easily identified whether the motion is granted entirely or in part, each page of any document attached to the motion must be separately and sequentially numbered in the following format:  Aug. p. 1.  Any request for augmentation with a transcript that has yet to be transcribed must identify the name of the court reporter(s) along with the date and title of the proceeding(s), and an estimated number of pages, and must contain a certificate of service on the names reporter(s). The motion and statement shall be served upon all parties.  Any party may within fourteen (14) days after service of the motion, file a brief or memorandum in opposition thereto. Unless otherwise expressly ordered by the Supreme Court such motion shall be determined without oral argument. The reporter's transcript and clerk's or agency's record may also be augmented or portions deleted by stipulation of the parties and order of the Supreme Court. The filing of a motion to augment shall not suspend or stay the appellate process or the briefing schedule. 

(b) Clerk's Fee. The Clerk of the Supreme Court shall charge and collect a fee for the preparation of the augmentation of the record in the sum of $2.00 per page. The order granting augmentation, whether requested by motion or stipulation, shall state the amount of the required fee, which shall be due within fourteen (14) days of the order. Failure to timely pay the fee shall result in the denial of the augmentation.

(c) Form.  The request for augmentation with additional transcript that has yet to be transcribed shall be in substantially the following form:  

Click here for form.

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended April 11, 1979, effective July 1, 1979; amended March 20, 1985, effective July 1, 1985; amended March 26, 1992, effective July 1, 1992; amended March 24, 2005, effective July 1, 2005; amended January 3, 2008, effective March 1, 2008; amended February 4, 2008, effective March 1, 2008; amended March 19, 2009, effective July 1, 2009; amended January 4, 2010, effective February 1, 2010; amended December 5, 2013, effective July 1, 2014; amended September 1, 2015, effective January 1, 2016; amended and effective January 24, 2019; amended April 28, 2022, July 1, 2022.)

(a)  By Stipulation. At any time after the filing of a transcript or record with the Supreme Court the parties may, by stipulation filed with the Court, correct any statement in the transcript or record. The stipulation shall clearly identify the volume, page and line of the statement to be corrected, and upon filing with the Court the clerk shall attach the stipulation to the transcript or record and no order of the Court shall be necessary. 

(b)  By Motion. Any party to an appeal may file a motion for the correction of a statement in a transcript or record filed with the Supreme Court by filing a motion in accordance with Rule 32. The Supreme Court may rule upon the motion directly or may refer that portion of the transcript or record to the trial court or administrative agency for settlement, in which case the ruling of the trial court or agency shall be final. 

(Adopted March 20, 1985, effective July 1, 1985.)

(a)  By motion.  Any party may move the Supreme Court to augment the record on appeal with a copy of an ordinance.  A certified copy of the ordinance shall be attached to the motion, and the motion shall be accompanied by a statement setting forth the specific grounds for the request, including that the ordinance was in effect at the time of the action or occurrence at issue in the appeal. The party shall file the original of the motion and statement and shall serve a copy of the motion and statement upon all parties.  Any party may, within fourteen (14) days after service of the motion, file a brief or memorandum in opposition thereto.  Unless otherwise expressly ordered by the Supreme Court, such motion shall be determined without oral argument.  The filing of a motion to augment shall not suspend or stay the appellate process or the briefing schedule.

(b)  By stipulation.  The parties may augment the record on appeal by filing with the Court a stipulation stating that the copy of the ordinance attached to the stipulation was in effect at the time of the action or occurrence at issue in the appeal.

(Adopted March 19, 2009, effective July 1, 2009; amended and effective January 24, 2019.)

(a)  Lodging with Supreme Court. The clerk of the district court or administrative agency shall lodge all of the following exhibits, recordings and documents with the Supreme Court: 

(1)  Copies of all requested documents, charts and pictures offered or admitted as exhibits in a trial or hearing in a civil case and copies of all documents, charts and pictures offered or admitted as exhibits in a trial or hearing in a criminal case, except that pictures or depictions of child pornography shall not be copied and sent to the parties or the Supreme Court unless specifically ordered by the court. Documentary exhibits in pdf format may be sent to the Supreme Court on a CD that includes an index. All other exhibits shall be retained by the clerk of the district court or administrative agency, unless otherwise ordered by the Supreme Court.  The clerk shall forward to the Supreme Court photographs of all other exhibits in death penalty cases. Upon the request of a party in other cases, the clerk shall forward to the Supreme Court photographs of designated exhibits.

(2)  All records and transcripts filed with the district court or administrative agency. 

(3)  All transcripts from the magistrate's division of the district court. 

(4)  All audio and audio-visual recordings offered or played during the proceedings. 

(b)  Documentary Exhibits. In any criminal or post-conviction case where a documentary exhibit, including a pre-sentence report, is transmitted to the Supreme Court for use in an appellate proceeding, the district court shall serve a copy of the documentary exhibit on the attorney general and on appellate counsel for the defendant, subject to the confidentiality provisions of I.C.A.R. 32. Copies of documentary exhibits in pdf format may be sent on a CD that includes an index. However, pictures or depictions of child pornography that are separately identified pursuant to I.C.R. 32(e)(1) shall not be transmitted to the parties or the Supreme Court unless specifically requested.

(c)  Certificate of Clerk or Secretary. The clerk, secretary, or the officer responsible for collecting exhibits offered or admitted at the trial or hearing shall file a certificate with the Supreme Court certifying the exhibits, recordings and copies of documents which have been lodged with the Supreme Court, specifically identifying each item lodged, and listing and describing those exhibits which are retained by the clerk or secretary. In the event there are no exhibits to be lodged with the Supreme Court, the certificate shall specifically state that no exhibits were lodged.

(d)  Time for Lodging. Unless otherwise directed by the Supreme Court, the above exhibits, recordings and documents shall be lodged with the Supreme Court at or before the time that the reporter's transcript and clerk's record are lodged with the Supreme Court. 

(e)  Disposition of Exhibits. Unless otherwise ordered by the Supreme Court   under Rule 31.1, the Supreme Court will retain the exhibits until ninety (90) days after final determination of the appeal, at which point the court will then return all original exhibits and retain an electronic copy of all documentary exhibits. 

(Adopted June 15, 1987, effective November 1, 1987; amended March 27, 1989, effective July 1, 1989; amended March 18, 1998, effective July 1, 1998; amended November 17, 1999, effective December 1, 1999; amended March 22, 2002, effective July 1, 2002; amended April 7, 2008, effective July 1, 2008; amended March 19, 2009, effective July 1, 2009, amended March 29, 2010, effective July 1, 2010; amended November 20, 2012, effective January 1, 2013.)

At any time after the commencement of an appeal, any interested party or person may file a motion with the Supreme Court for an order permitting the reclamation by such party or person of exhibits offered or admitted in evidence, documents or property displayed or considered in connection with the action, or any property in the possession of any court, department, agency or official. The Supreme Court in its discretion may grant such an order on such conditions and under such circumstances as it deems appropriate, including but not limited to the substitution of a copy, photograph, drawing, facsimile, or other reproduction of the original exhibit, document or property, or the posting of a bond that the exhibit, document or property will be returned if either the Supreme Court or the trial court later orders that such exhibit, document or property be returned to the court for any purpose in the action or appeal. 

(Adopted June 15, 1987, effective November 1, 1987.)

(a)  Motions to Dismiss. A motion for involuntary dismissal of an appeal with prejudice for failure to comply with these rules must be filed at least 21 days before oral argument on the merits; provided, a motion to dismiss an appeal for failure to timely physically file a notice of appeal or to dismiss a petition for rehearing for failure to timely physically file a petition for rehearing may be made at any time. 

(b)  Voluntary Motions to Dismiss. At any point before issuance of an opinion, any appealing party may move the court to dismiss the party's appeal with prejudice. The court may tax costs and attorney fees as though the non-appealing party had prevailed. 

(c)  Other Motions. All other motions permitted under these rules, other than a motion to dismiss, may be made at any time, before or after oral argument. 

(d)  Briefs or Statements to Accompany Motions. All motions shall include or be accompanied by a brief, statement, or affidavit in support thereof and service shall be made upon all parties to the appeal.  Absent a certificate that the motion is uncontested, the non-moving party shall, as soon as practicable, file a notice of non-objection if the party does not intend to object.  Any party may file a brief or statement in opposition to the motion within 14 days from service of the motion. Any application for an extension of time to perform an act under this rule must be accompanied by an affidavit setting forth the reasons or grounds in support thereof. If the opposing party has been contacted and has no objection to the motion the following certificate may be attached:

CERTIFICATE OF UNCONTESTED MOTION

The undersigned does hereby certify that he or she has contacted opposing counsel(s) and is authorized to represent that opposing counsel(s) has(have)  no objection to this motion.

Dated and certified this _________ day of ____________, 20___.

                                     ______________________

(e)  Size and Number of Copies. All motions, notices, affidavits, statements, motion briefs, or any other documents filed with the court should be typed on 8 1/2 x 11 inch paper. The body of all such documents may be typed with double line spacing or one-and-one-half (1 1/2) line spacing. Only the original of each motion, brief, statement, affidavit or memorandum shall be filed with the clerk of the Supreme Court. No copies are required.  Prisoners incarcerated or detained in a state prison or countyjail may file documents that are legibly hand-printed in black ink, in whole or in part, that otherwise conform to the requirements of these rules. 

(f)  Oral Argument. All motions will be considered and disposed of without oral argument unless otherwise ordered by the Supreme Court. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended April 18, 1983, effective July 1, 1983; amended March 23, 1990, effective July 1, 1990; amended January 30, 2001, effective July 1, 2001; amended March 21, 2007; effective July 1, 2007; amended May 5, 2017, effective July 1, 2017; amended and effective January 24, 2019; amended April 28, 2022, effective July 1, 2022.)

At any point before the issuance of an opinion, the affected parties may stipulate for the dismissal of the appeal or petition which stipulation shall contain an agreement as to the taxing of costs and attorney fees. Any such stipulation for dismissal signed by some but not all of the parties to an appeal shall be considered and processed as a motion for dismissal under Rule 32. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 28, 1986, effective July 1, 1986; amended September 8, 2016, effective September 8, 2016; amended May 5, 2017, effective July 1, 2017.)

(a)  Number of Copies.  The original of all appellate briefs shall be filed with the Supreme Court and the original shall be signed by the party submitting the brief. No copies are required.   

(b)  Length of Briefs. No brief in excess of 50 pages, excluding covers, the caption page, the table of contents, the table of authorities, the certificate of service, and any addendums or exhibits, shall be filed without consent of the Supreme Court. In an appeal on unitary review of a capital criminal and post-conviction case, no brief in excess of 100 pages, excluding covers, the caption page, the table of contents, the table of authorities, the certificate of service, and any addendums or exhibits, shall be filed without consent of the Supreme Court.  

(c)  Time for Filing. Appellant's brief shall be filed with the clerk of the Supreme Court within 35 days of the date that the reporter's transcript and the clerk's or agency's record have been filed with the Supreme Court. The respondent's and cross-appellant's brief, which may be joined in one brief, shall be filed within 28 days after the service of appellant's brief. The cross-respondent's brief, if any, shall be filed within 28 days after the cross-appellant's brief. Any reply brief shall be filed within 21 days after service of any respondent's brief.  

(d)  Extension of Time for Filing Brief. A motion for extension of time for filing a brief may be made no later than the due date for the appellate brief and shall be supported by an affidavit setting forth: 

(1)  The date when the brief is due; 

(2)  The number of extensions of time previously granted, and if extensions were granted the original date when the brief was due; 

(3)  Whether any previous requests for extensions of time have been denied or denied in part; 

(4)  The reasons or grounds why an extension is necessary; 

(5)  The number of days of extension deemed necessary and the date on which the brief would become due; 

(6)  Whether there has been any stipulation of the parties for this application for extension, which stipulation shall not be binding upon the Court; 

(7)  The position of the opposing parties concerning the application, and whether or not the opposing parties have verbally expressed their agreement or disagreement; 

(8)  What assurance there is that the brief will be filed within the extended time requested. 

Extensions of time for filing briefs shall not be favored and will be granted by the Supreme Court only upon a clear showing of good cause and as provided in Rule 46. 

(e)  Augmentation of Briefs.

(1) At any time before the issuance of an opinion, any party may supplement his brief by the citation of additional authority, identifying the issue on appeal to which it pertains, without written comment thereon, and identifying the headnote or relevant pages of the authority cited. This augmentation may be done by written notice to the court and all parties without first obtaining leave of the court. 

(2)  At any time before the issuance of an opinion, any party may file a motion to augment the authority and argument presented in his brief. Such motion shall be filed in accordance with Rule 32, with or without the supplemental brief attached, and will be granted by the court upon a showing of good cause why the material had not been included in the prior brief. An order granting a motion to augment a brief will state the time within which any reply brief of an adverse party can be filed. 

(Adopted March 25, 1977, effective July 1, 1977; amended April 11, 1979, effective July 1, 1979; amended April 18, 1983, effective July 1, 1983; amended March 30, 1984, effective July 1, 1984; amended March 28, 1986, effective July 1, 1986; amended June 15, 1987; effective November 1, 1987; amended January 1, 1995, effective January 1, 1995; amended March 9, 1999, effective July 1, 1999; amended January 30, 2001, effective July 1, 2001; amended March 29, 2001, effective July 1, 2001; amended March 21, 2007, effective July 1, 2007; amended March 18, 2011, effective July 1, 2011; amended May 5, 2017, effective July 1, 2017; amended and effective July 1, 2019; amended April 28, 2021, effective July 1, 2021; amended April 28, 2022, effective July 1, 2022.)

(a) Additional electronic copy. In addition to the current requirement for paper copies of briefs, the parties must file an electronic copy of each brief.  Electronic filings are subject to the same due dates as hard copy briefing.  The electronic copy must be submitted in the following form and format:

1. Each electronic copy  must be submitted by email attachment with an electronic copy served on each party to the appeal. 

2. Each email attachment must include a label that identifies the case name, the docket number, and type of brief (i.e. appellantís brief, respondentís brief).  

3. Electronic copies must be submitted as a searchable PDF file.  

4. The email attachment must contain only an electronic copy of the submitted hard copy brief. The email attachment must not contain any document or material that is not included in the original hard copy of the brief filed with the Court. 

5. The email attachment must be free of viruses or any other files that would be disruptive to the Court's computer system. 

6. The electronic copy of the brief must be emailed to sctbriefs@idcourts.net. 

7. If an electronic brief is filed, a Certificate of Compliance must also be submitted as a separate document and should read as follows: 

CERTIFICATE OF COMPLIANCE

The undersigned does hereby certify that the electronic brief submitted is in compliance with all of the requirements set out in I.A.R. 34.1, and that an electronic copy was served on each party at the following email address(es):  

  _______________________________. 

  Dated and certified this _________ day of ____________, 20___.

                       ____________________

(b) Electronic briefs in criminal cases. In criminal cases the parties may file an electronic brief without the necessity of filing any paper copies of the brief. The filing must comply in all other respects with the requirements set forth in subsection (a) of this rule. 

(New Rule 34.1, Adopted March 21, 2007, effective July 1, 2007; amended December 29, 2015, effective January 1, 2016; amended May 5, 2017, effective July 1, 2017.)

(a)  Appellant's Brief. The brief of the appellant shall contain the following divisions under appropriate headings: 

(1)  Table of Contents. A table of contents, with page references, which shall include an outline of the Argument section of the brief. 

(2)  Table of Cases and Authorities. A table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited. 

(3)  Statement of the Case. (i) A statement of the case indicating briefly the nature of the case. (ii) The course of the proceedings in the trial or the hearing below and its disposition. (iii) A concise statement of the facts. 

(4)  Issues Presented on Appeal. A list of the issues presented on appeal, expressed in the terms and circumstances of the case but without unnecessary detail. The statement of the issues should be short and concise, and should not be repetitious. The issues shall fairly state the issues presented for review. The statement of issues presented will be deemed to include every subsidiary issue fairly comprised therein. 

(5)  Attorney Fees on Appeal. If the appellant is claiming attorney fees on appeal the appellant must so indicate in the division of issues on appeal that appellant is claiming attorney fees and state the basis for the claim. 

(6)  Argument. The argument shall contain the contentions of the appellant with respect to the issues presented on appeal, the reasons therefor, with citations to the authorities, statutes and parts of the transcript and record relied upon. 

(7)  Conclusion. A short conclusion stating the precise relief sought. 

(b)  Respondent's Brief. The brief of the respondent shall contain the following divisions under appropriate headings: 

(1)  Table of Contents. A table of contents, with page references, which shall include an outline of the argument section of the brief. 

(2)  Table of Cases and Authorities. A table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited. 

(3)  Statement of the Case. A statement of the case to the extent that the respondent disagrees with the statement of the case set forth in appellant's brief. 

(4)  Additional Issues presented on Appeal. In the event the respondent contends that the issues presented on appeal listed in appellant's brief are insufficient, incomplete, or raise additional issues for review, the respondent may list additional issues presented on appeal in the same form as prescribed in Rule 35(a)(4) above. 

(5)  Attorney Fees on Appeal. If the respondent is claiming attorney fees on appeal the respondent must so indicate in the division of additional issues on appeal that respondent is claiming attorney fees and state the basis for the claim. 

(6)  Argument. The argument should contain the contentions of the respondent with respect to the issues presented on appeal, the reasons therefor, with citations to the authorities, statutes and parts of the transcript and record relied upon. 

(7)  Conclusion. A short conclusion stating the precise relief sought. 

(c)  Other Briefs. The appellant or cross-appellant may file a brief in reply to the brief of the respondent or cross-respondent within the time limit specified by Rule 34(c) which may contain additional argument in rebuttal to the contentions of the respondent.  An amicus curiae brief may be permitted by order of the Court, pursuant to Rule 8.  If the respondent has filed a cross-appeal, the appellant shall file a cross-respondent's brief which shall contain all of the requirements of Rule 35(b), above, and, unless otherwise ordered by the court, it shall be combined with appellant's reply brief. 

(d)  References in Briefs to Parties. Counsel will be expected in their briefs and oral arguments to keep to a minimum reference to parties by such designations as "appellant," "respondent," and "cross-appellant." To promote clarity and simplicity in the presentation of written and oral contentions of the parties to the Supreme Court, the counsel shall use the designations used in the trial court or other proceedings under review, or the actual names of the parties, or descriptive terms such as the "employee," the "employer," the "landlord," etc.; provided, all references to a minor shall be by the use of initials or a designation other than the minor's actual name. 

(e)  References in Briefs to the Reporter's Transcript and Clerk's or Agency's Record. References to the reporter's transcript on appeal shall be made by the designation "Tr" followed by the volume, page and line number abbreviated "Vol. I, p. 14, L. 16". References to the clerk's or agency's record on appeal shall be made by the designation "R" followed by the volume, page and line number abbreviated "Vol. I, p. 14, L. 16". References to the reporter’s transcript and clerk’s record must be within the body of the brief, and shall not be included as footnotes or endnotes.

(f)  Reproduction of Statutes, Rules, Regulations, Decisions, Etc. If determination of the issues presented on appeal requires the study of statutes, rules, regulations, recent court decisions not yet published, or relevant parts thereof, they may be reproduced in the brief or in an addendum at the end of the brief.

(g) Real Property Disputes. In cases involving easements, boundary disputes, or other types of real property disputes, the brief shall include a map, diagram, illustrative drawing, or other document depicting (i) the lay of the land, (ii) the location of the parcels or pieces of property in dispute, and (iii) the location of any features of or on the land that are pertinent to identify the matters in dispute, including but not limited to easements, roads, trails, boundaries, markers, fences, and structures. The parcels, pieces and features depicted shall be labeled so as to adequately identify them. The document shall be based upon testimony or evidence in the record with citations to such supporting evidence.

(h)  Briefs in Cases Involving Multiple Parties. In cases involving more than one appellant or respondent, including cases consolidated for purposes of appeal, any number of parties to the appeal may join in a single brief, and any party may adopt by reference any part of the brief of another party. 

(i)  Briefs in Criminal Appeals Involving Only Challenges to the Revocationof Probation or the Severity of Sentence. In criminal appeals involving only claims regarding the revocation of probation, the severity of thesentence, or a motion brought under Idaho Criminal Rule 35, the brief of the appellant and respondent need not contain a table of contents, table of cases and authorities, or citations to authorities. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 31, 1978, effective July 1, 1978; amended March 20, 1985, effective July 1, 1985; amended June 15, 1987, effective November 1, 1987; amended March 27, 1989, effective July 1, 1989; amended April 3, 1996, effective July 1, 1996; amended March 9, 1999, effective July 1, 1999; amended March 1, 2000, effective July 1, 2000; amended January 30, 2001, effective July 1, 2001; amended  October 17, 2003; amended April 2009, effective July 1, 2009; amended March 28, 2014; effective July 1, 2014' amended and effective January 24, 2019; amended April 28, 2022, effective July 1, 2022.)

All briefs shall be prepared in accordance with the following requirements: 

(a)  Cover of Brief. The cover of all briefs shall state the title of the Supreme Court, the title of the action designated on the certificate of appeal, whether it is appellant's or respondent's brief, the name of the district court or administrative agency appealed from, the name of the trial judge or chairman presiding at the trial or hearing, and the names and addresses of all counsel of record showing for whom they appear. The information on the cover shall be substantially in the following form: 

Click here for link. 

(b)  Printing of Briefs.  All briefs shall be printed on unruled and untreated white paper 11 inches long by 8 1/2 inches wide. The original brief filed with the court shall be typed with black ribbon or produced by a computer or word processor type printer of letter quality. The type shall be no smaller than 12 point Times New Roman. All lines must be double-spaced, except for quotations which may be indented and single spaced. There shall be a margin of 1 1/2 inches at the top and at the bottom of each page, and 1 inch at each side of each page. The pages shall be numbered at the bottom and may be printed on both the front and back of each page. Prisoners incarcerated or detained in a state prison or county jail may file documents under this rule that are legibly hand-printed in black ink, in whole or in part, that otherwise conform to the requirements of this rule.

(Adopted March 25, 1977, effective July 1, 1977; amended March 28, 1986, effective July 1, 1986; amended March 23, 1990, effective July 1, 1990; amended March 26, 1992, effective July 1, 1992; amended February 10, 1993, effective July 1, 1993; amended August 31, 1994, effective September 1, 1994; amended March 18, 1998, effective July 1, 1998; amended March 1, 2000, effective July 1, 2000; amendedJanuary 30, 2002, effective July 1, 2001' amended and effective January 24, 2019.)

(a)  When Appeal Submitted on Briefs. There shall be oral argument in all appeals at such time and place scheduled by the Supreme Court, unless

(1)  all parties stipulate to submit the appeal upon the briefs and such stipulation is approved by order of the Supreme Court, or

(2) the Supreme Court orders that the appeal will be submitted upon the briefs without oral argument, in which case any party may file a written objection to the order for submission on the briefs within twenty-one (21) days of the date of the order, setting forth the reasons for which the party desires oral argument.  Any such objection to submission on the briefs shall be determined without oral argument.

(b)  Time Allotted for Argument. Each side will be allowed 30 minutes for argument; provided, that for good cause shown the Supreme Court may extend or shorten the time. If argument is allowed on a preliminary motion, one counsel on a side will be heard and each will be allowed ten (10) minutes. The Court may alter the procedure and shorten the time for oral argument of appeals and petitions placed upon the expedited calendar in order to provide a system of prompt and speedy hearing of all expedited appeals. If there are multiple parties, the parties on each side shall allocate the time for argument between and among themselves prior to the commencement of oral argument. In the absence of such agreement, on the request of any party at least 14 days before oral argument, an allocation of time will be made by the Supreme Court at least seven (7) days before argument. The Court may allocate the time for argument between and among co-parties or in its discretion allocate equal or unequal time for argument to each of the co-parties, or the Court may allot the full time for argument to each of the co-parties. 

(c)  Order of Argument. The appellant or the petitioner shall be entitled to open and close the argument; provided, in the event there are multiple parties or third parties, the Supreme Court shall determine the sequence and order of argument. 

(d)  Non-Appearance of Parties. If any party fails to appear for oral argument, the Court may hear the argument of any party appearing, may vacate the hearing, or may decide the appeal on the briefs. If no party appears, the case will be decided upon the briefs unless the Court orders otherwise. If counsel for a party fails to appear to present oral argument, the Supreme Court may assess penalties and sanctions including reasonable attorneys fees. 

(e)  Non-Filing of Brief. If no respondent's brief is filed, the appeal shall be submitted on the appellant's brief without oral argument, unless the appellant requests oral argument. Any party who has failed to file a brief shall not be permitted to present oral argument. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 28, 1986, effective July 1, 1986; amended March 1, 2000, effective July 1, 2000.)

(a)  Opinions. The filing of an opinion of the Court shall be the announcement of the opinion. A certified copy of the opinion filed in an appeal or proceeding shall be transmitted forthwith by the Clerk of the Supreme Court to the clerk of the district court or administrative agency from which the appeal was taken and copies of the opinion shall be transmitted to each party in the appeal or proceeding, to the presiding district judge or chairman of the administrative agency, and if the suit or proceeding originated in the magistrate division of the district court, to the presiding magistrate. 

(b)  Finality of Opinions. Opinions shall become final 21 days after the date of the last of the following events: 

(1)  The announcement of the opinion; 

(2)  The announcement of the opinion on rehearing; 

(3)  The announcement of a modified opinion without a rehearing. 

(c)  Remittiturs. When the opinion filed has become final in accordance with this rule, the Clerk of the Supreme Court shall issue and file a remittitur with the district court or administrative agency appealed from and mail copies to all parties to the appeal and to the presiding district judge or chairman of the agency. The remittitur shall advise the district court or administrative agency that the opinion has become final and that the district court or administrative agency shall forthwith comply with the directive of the opinion. 

(d)  Costs and Attorney Fees. The taxation of costs and attorney fees, if any, shall be included in the remittitur if the same have been determined, but the issuance of the remittitur shall not be delayed if the taxation of such items has not been determined. 

(Adopted March 25, 1977, effective July 1, 1977; amended January 30, 2001, effective July 1, 2002; amended March 22, 2002, effective July 1, 2002.)

Upon receipt by the Clerk of the Supreme Court of a mandate from the Supreme Court of the United States, the Clerk shall immediately notify respective counsel in writing of such fact and the date thereof. Unless further proceedings are required in the Idaho Supreme Court, at the expiration of 21 days from said date the Clerk shall issue a remittitur to the district court in which the judgment was rendered commanding such court to take appropriate action. All of the costs subsequent to the appeal from said district court shall be taxed in such remittitur. 

(Adopted March 25, 1977, effective July 1, 1977.)

(a)  Costs to Prevailing Party. With the exception of post-conviction appeals and appeals from proceedings involving the termination of parental rights or an adoption, costs shall be allowed as a matter of course to the prevailing party unless otherwise provided by law or order of the Court. 

(b)  Items of Costs. Costs shall, unless otherwise ordered, include the following items: 

(1)  Filing fees. 

(2)  Cost of reporter's transcript including the cost of computer-searchable disks filed with the Supreme Court under Rule 26.1(c), but excluding the cost of all other disks. 

(3)  Cost of clerk's or agency's record. 

(4)  Cost of premiums of a supersedeas bond, unless the party taxed with costs had agreed in writing, within seven (7) days of the filing of the notice of appeal, not to execute pending appeal as provided in Rule 16(b). 

(c)  Memorandum of Costs. Within 14 days of the filing and announcement of the opinion on appeal, whether or not a petition for rehearing or petition for review is filed, any party who claims costs shall file with the Court and serve upon all adverse parties a memorandum of costs, itemizing each claimed expense. A memorandum of costs mailed to the Court shall be deemed filed upon the date of mailing. Failure to file a memorandum of costs within the period prescribed by this rule shall be a waiver of the right to costs. 

(d)  Objections to Costs. No later than fourteen (14) days after the date of service of the memorandum of costs, any party may object to the claim for costs of another party by filing and serving on the adverse party an objection to part or all of such costs, stating the reasons in support thereof. An objection to costs shall be deemed filed upon mailing and shall be heard and determined by the Court as an objection to the application for costs. 

(e)  Number of Copies. Only the original of the memorandum of costs, objections to costs, and briefs in support of or in opposition thereof shall be filed with the Clerk of the Supreme Court. No copies are required. 

(f)  Clerk to Insert Costs in Remittitur. The Clerk of the Supreme Court shall prepare an itemized statement of costs taxed in the Supreme Court and insert the same in the remittitur. If the remittitur has been issued before the final determination of costs, or any amendment thereto, an itemized statement of costs allowed shall be forwarded by the Clerk of the Supreme Court to the district court or administrative agency as soon as it is available and shall then be added to the judgment or order. The payment of costs on appeal shall be enforced in the district court or administrative agency. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 30, 1984, effective July 1, 1984; amended March 20, 1985, effective July 1, 1985; amended March 28, 1986, effective July 1, 1986; amended March 20, 1991, effective July 1, 1991; amended January 30, 2001, effective July 1, 2001; amended May 5, 2017, effective July 1, 2017; amended and effective January 24, 2019; amended April 28, 2022, effective April 28, 2022.)

(a)  Application for Attorney Fees - Waiver. Any party seeking attorney fees on appeal must assert such a claim as an issue presented on appeal in the first appellate brief filed by such party as provided by Rules 35(a)(5) and 35(b)(5); provided, however, the Supreme Court may permit a later claim for attorney fees under such conditions as it deems appropriate. 

(b)  Oral Argument on Attorney Fees. At the time of oral argument of an appeal, the parties may present argument as to whether or not the party claiming attorney fees has a legal right thereto. 

(c)  Adjudication of Right to Attorney Fees. The Supreme Court in its decision on appeal shall include its determination of a claimed right to attorney fees, but such ruling will not contain the amount of attorney fees allowed. 

(d)  Amount of Attorney Fees. If the Court determines that a party is entitled to attorney fees on appeal, the party claiming attorney fees shall file a claim concurrently with, or as part of, the memorandum of costs provided for by Rule 40. The claim for attorney fees, which at the discretion of the court may include paralegal fees shall be accompanied by an affidavit setting forth the method of computation of the attorney fees claimed. Attorney fees may also include the reasonable cost of automated legal research (Computer Assisted Legal Research), if the court finds it was reasonably necessary in preparing the party's case. The opposing party may object to the amount of attorney fees claimed in the same manner as provided for objections to a memorandum of costs in Rule 40. The Court shall determine the amount of attorney fees or remand this question to the district court or agency to hear additional evidence and determine the amount of attorney fees to be allowed. Upon the determination of the amount of attorney fees, the Clerk shall insert the amount thereof in the remittitur in the same manner as the Clerk inserts costs pursuant to Rule 40(f). 

(e)  Number of Copies. The original of the claim or memorandum for attorney fees, objections to attorney fees, and briefs in support of or in opposition thereto shall be filed with the Clerk of the Supreme Court. No copies are required.

(Adopted March 25, 1977, effective July 1, 1977; amended March 30, 1984, effective July 1, 1984; amended March 23, 1990, effective July 1, 1990; amended and effective January 24, 2019.)

(a)  Time for Filing - Filing Fee. Petitions for rehearing must be physically filed with the Clerk of the Supreme Court, together with the filing fee, within 21 days after the filing date of the Court's opinion, and must be served upon all parties to the appeal or proceeding. If the opinion is modified, other than to correct a clerical error, an aggrieved party may physically file another petition for rehearing within 21 days from the date of the modified opinion and serve all adverse parties in the appeal or proceeding. No response to any petition for rehearing shall be made except upon direction of the Court. 

(b)  Briefs on the Petition. A brief or memorandum in support of the petition must be filed within 14 days of the filing date of the petition and shall be typewritten on letter size paper. If the appeal was expedited pursuant to Rule 12.2, the brief in support of the petition shall be filed with the petition or the petition will be summarily dismissed. The original of the petition and brief shall be filed with the Clerk of the Supreme Court. No copies are required. 

(c)  Oral Argument on Petition for Rehearing. There shall be no oral argument upon the petition for rehearing of an appeal or proceeding unless ordered by the Supreme Court. 

(d)  Notice of Rehearing - Briefs. Copies of an order granting or denying a rehearing shall be served by the Clerk of the Supreme Court upon all parties to the appeal or proceeding. The order may set forth the issues to be reheard, and shall direct the time and order for the filing of briefs. A brief in support of or in opposition to a petition for rehearing need not be bound nor have any colored cover. 

(e)  Oral Argument on Rehearing. If the Supreme Court grants a petition for rehearing, argument upon rehearing shall be scheduled by the Court in the same manner as argument on the merits of an appeal or petition. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 20, 1985, effective July 1, 1985; amended March 28, 1986, effective July 1, 1986; amended January 4, 2010, effective February 1, 2010; amended March 18, 2011, effective July 1, 2011; amended November 20, 2012, effective January 1, 2013; amended and effective January 24, 2019.)

(a) Special Writs.  The Supreme Court shall process petitions for such special writs as are established by law in the manner herein provided.

(b) Petitions for Writs ñ Filing Fee ñ Briefs ñ Number.  Special writs shall issue only upon petitions verified by the party beneficially interested therein and upon briefs in support thereof filed with the Clerk of the Supreme Court with payment of the appropriate filing fee.  No filing fee shall be required with a petition for writ of habeas corpus which is filed in connection with a criminal case or post-conviction relief proceeding.   Petitioner shall file an original and six copies of the petition and brief with the Clerk of the Supreme Court.

(c) Procedure for Issuance of Writs.  Special writs, except writs of habeas corpus, shall issue as herein provided.  The Supreme Court acting through three (3) or more members, or by two (2) or more members when the Court is in vacation, may issue a writ directing the respondent to act in accordance with the writ, or to appear or respond at the time fixed in the writ to show cause why the relief requested in the petition should not be granted.  The court may enter an order providing for briefing and oral argument prior to issuance of a writ or an order to show cause.  If such an order is entered, briefing shall be conducted in the manner outlined in the order as supplemented by these rules.  The briefs shall be in the form prescribed by Rule 32(e). A majority of the entire Court may also direct the respondent to so act, or to refrain from acting, as directed in the writ, pending hearing and upon such conditions as the Court may impose.  Upon its issuance, a copy of the petition, brief and writ shall immediately be served upon all affected parties including the real party in interest as concerns the requested relief, which real party must be named in the petition and writ.  Service shall be made in the manner and within the time limit set by the Court. Appearance in response to the writ by any interested party shall be by verified answer and by brief.  If no appearance is made, the Court may grant any requested relief justified by the petition.  If appearance is made, the Court may schedule the matter for oral argument or decide the matter on the record.  Issues of fact, if any, shall be determined in the manner ordered by the Court.

(d) Petitions for Writ of Habeas Corpus.  Petitions for writs of habeas corpus shall be processed as provided by law. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 20, 1991, effective July 1, 1991.)

The Supreme Court by order may alter, shorten, or eliminate any step or procedure in the appeal from an order or judgment upon finding extraordinary circumstances; provided, however, the time within which a party can file a notice of appeal, a notice of cross-appeal, or a petition for rehearing will not be shortened or lengthened. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 28, 1986, effective July 1, 1986; amended March 24, 2005, effective July 1, 2005.; amended June 8, 2011, effective July 1, 2011.)

This rule governs procedures for an expedited review of an appeal brought pursuant to I.C. § 18-609A from an order of the district court denying a minor's petition for judicial bypass of parental consent.

(a) Notice of appeal.

(1) An appeal from any order denying a petition filed pursuant to I.C. § 18-609A (6) shall be made only by physically filing a notice of appeal with the clerk of the district court within five days, excluding weekends and holidays, from the date of issuance of the order. This filing may be made by facsimile machine process.

(2) If the district court denies a petition filed under I.C. § 18-609A, the district court must serve on the minor a copy of the order denying relief with the date and time endorsed, along with a "Notice of Appeal" form. The notice of appeal form shall include a request for the record and audio recording of the proceedings and notice to the clerk that the record and audio recording are to be immediately forwarded to the Idaho Supreme Court for filing. The district court shall advise the minor that the minor has five days, excluding weekends and holidays, from the date of issuance of the order to file the notice of appeal. 

(b) Transmittal of record. Upon the filing of the notice of appeal, the clerk of the district court shall immediately fax to the Supreme Court a copy of the notice of appeal and a copy of the district court order denying the petition, along with any other documents or exhibits filed in the case.   Arrangements shall also be made for the audio recording of the hearing to be sent to the Supreme Court or for the Court to otherwise listen to the audio recording.  A complete copy of the record in the case shall also be made immediately available to the minor and/or her counsel, including a copy of or access to the audio recording of the hearing.  Absolutely no extension of time will be granted by the Supreme Court.

(c) Fees. No filing or other fees shall be charged for appeals brought pursuant to this section.

(d) Briefing. Briefing is not required but may be submitted prior to the hearing.  Formal briefing requirements do not have to be met. 

(e) Assignment. All appeals filed pursuant to I.C. § 18-609A shall be assigned to the Supreme Court.

(f) Hearing. When the notice of appeal is filed pursuant to I.C. § 18-609A, the clerk of the Supreme Court shall set the appeal for hearing within 48 hours of the filing of the notice of appeal, excluding weekends and holidays.

(g) Decision. The Supreme Court, acting through a majority of the justices participating in the hearing, shall issue its decision at the conclusion of the hearing.  If the Court fails to issue a ruling at the conclusion of the hearing then the petition will be deemed granted.  No application for rehearing shall be filed.

(h) Confidentiality. All proceedings in this appeal shall be conducted in a manner that will preserve the anonymity of the minor, and the identity of the minor involved and all records pertaining to the appeal shall be kept confidential.

(i) Representation. The attorney appointed to represent the minor at the hearing before the district court shall continue on appeal unless other counsel is substituted.  Any document or notice required to be served upon the minor shall be served on counsel.  

(j) Guardian ad litem. If a guardian ad litem was appointed for the district court hearing, then that person shall continue on appeal. 

(Adopted September 18, 2000; amended November 20, 2001, effective November 20, 2001; REPEALED March 19, 2007; NEW I.A.txte 44.1 adopted March 19, 2007, effective March 19, 2007.)

Appellate counsel may withdraw as the attorney of record for a party in a civil or criminal appeal only by order of the Supreme Court upon motion showing good cause. Provided, substitution of counsel may be made by notice without order of the Court if such substitution does not require any pending hearing or oral argument to be vacated. 

(Adopted March 24, 1982, effective July 1, 1982.)

  (a)  Right of Counsel on Appeal. The determination of whether a defendant 

  in a criminal prosecution is entitled to court appointed counsel on appeal 

  shall first be made by the trial court upon application of the defendant, 

  or upon the trial court's own motion, either before or after a notice of 

  appeal has been filed. If the application is denied by the trial court, the 

  defendant may apply to the Supreme Court for an order directing the trial 

  court to appoint counsel. An application for counsel on appeal may be 

  treated as a notice of appeal. 

  (b)  Trial Defense Counsel to Continue Representation on Appeal. A court 

  appointed trial defense counsel of an indigent defendant shall continue to 

  represent the defendant on an appeal, if any, unless granted leave to 

  withdraw as counsel by order of the district court for good cause shown 

  before the filing of a notice of appeal. In the event of the withdrawal of 

  trial defense counsel, the district court shall appoint new counsel for the 

  indigent defendant if the defendant desires to appeal. 

  (Adopted March 24, 1982, effective July 1, 1982.)

The time prescribed by these rules for any act, except the physical filing of a notice of appeal, a notice of cross-appeal, or petition for rehearing, or a challenge to a final redistricting plan may be enlarged by the Court or any Justice thereof for good cause shown upon the motion of a party. Applications for extensions of time for filing briefs shall also be subject to the requirements of Rule 34(d). Any motion for the extension of time to do an act must be served upon all parties, but the order enlarging the time for performance may be issued immediately and ex parte in the discretion of the Court or any Justice thereof, subject to review upon any written objection filed within seven (7) days of service of the motion. Any order of extension of time to do an act shall be served by the Clerk on all parties. 

(Adopted March 25, 1977, effective July 1, 1977; amended March 24, 2005, effective July 1, 2005; amended November 20, 2012, effective January 1, 2013; amended April 28, 2022, effective April 28, 2022.)

The Clerk of the Supreme Court shall serve by mail, electronic mail (e-mail), personal service or delivery, copies of all of the following documents upon all of the parties to an appeal or proceeding as soon as the documents are filed with the Supreme Court: 

(a)  Certificate of Appeal. 

(b)  All Supreme Court orders and notices. 

(c)  Supreme Court opinions on appeal. 

(d)  Remittiturs.  With the exception of persons appearing pro se, all parties participating in an appeal must provide an email address that the Clerk of the Supreme Court may use for service and are responsible for updating this information.  An attorney representing a party on appeal must provide a current email address to the Idaho State Bar.   

(Adopted March 25, 1977, effective July 1, 1977; amended March 1, 2004, effective July 1, 2004; amended March 19, 2009, effective July 1, 2009.)

In cases where no provision is made by statute or by these rules, proceedings in the Supreme Court shall be in accordance with the practice usually followed in such or similar cases, or as may be prescribed by the Court or a Justice thereof. 

(Adopted March 25, 1977, effective July 1, 1977.)

(a)  Submission for Conference. Upon request, pursuant to a written agreement of all parties, a civil appellate case or an appeal from the Industrial Commission may be submitted for consideration for an appellate settlement conference before a person who shall be known as the Conference Judge, and who shall be selected by the parties from the list of settlement justices and judges maintained by the Administrative Director of the Courts. The parties should direct the request for a settlement conference in writing to the Clerk of the Supreme Court.  The Clerk shall then enter an order suspending the appeal for 49 days, after which the appeal process shall resume. The settlement conference shall be held at a place near the court from which the civil case is appealed, at a place near the place of employment in an Industrial Commission case, or at any other place agreed upon by the parties and the Conference Judge. The facility in which the conference is held shall be determined by the Conference Judge. In advance of the settlement conference, all parties shall deliver to the clerk of the Supreme Court, for submission to the Conference Judge, a settlement statement in a form prescribed by the Supreme Court. The parties are responsible for the payment of costs and for scheduling the settlement conference at a time convenient to all parties and the Conference Judge. The Conference Judge shall not participate in the determination of the appeal. 

(b)  Settlement Statement. The written settlement statement of each party, in the form prescribed by the Supreme Court, shall be a confidential statement which shall not be filed in the case file and shall be disclosed only to the Conference Judge. In no event shall the settlement statement, or the contents thereof, be disclosed to opposing counsel, and upon conclusion of the conference negotiations, it shall be destroyed by the Conference Judge. The Conference Judge shall use the settlement statement only for the purpose of acquainting the judge with the appeal, the positions of the parties and the possibility of settlement. 

(c)  Settlement Conference. The settlement conference shall be an informal confidential meeting presided over by the Conference Judge. The agenda and sequence of presentations shall be in the discretion of the Conference Judge who may deliver to the parties an agenda in advance of the conference. The Conference Judge may request additional information not contained in the settlement statements. All parties to the appeal, or representatives of the parties empowered to enter into a binding settlement agreement, shall attend the settlement conference with their attorney. Provided, if the client or the client's representative is not able to be present, the attorney must be able to have immediate telephone contact with the client or the client's representative, who has authority to approve a settlement. The attorney who will argue the case on appeal, or the attorney who represented the client in the trial of the action, shall appear at the settlement conference. There shall be no recording of the discussions at the settlement conference, but the attorneys for the parties may make written notes. The seating at the settlement conference shall be in an informal manner, preferably around a table, and the conference shall not be conducted as a formal hearing. A settlement conference may be continued from time to time by agreement of all parties and the Conference Judge. The initial settlement conference, or any subsequent conference, may be held by conference telephone call when agreed upon by all parties and the Conference Judge. 

(d)  Role of Conference Judge. There shall be no duty upon the Conference Judge to make a recommendation for settlement of the appeal. The role of Conference Judge is to act as a mediator to assist the parties and their counsel to come to an agreement. 

(e)  Settlement Agreement. If the conference results in a settlement, the parties immediately will execute a settlement agreement and will file a stipulation for dismissal of the appeal with the Supreme Court. 

(f)  Confidentiality. The settlement conference and all documents prepared by the parties or the Conference Judge shall be confidential. Upon settlement of the appeal, or upon the determination by the Conference Judge that there can be no settlement, the Conference Judge shall destroy all records of the settlement conference including the settlement statements of the parties and the notes or other documents prepared by the Conference Judge. The Conference Judge shall not discuss the meeting with any other person and any written or oral statements made or submitted by an attorney or a party at the settlement conference shall not be admissible in evidence in any judicial proceeding for any purpose and shall not be subject to discovery. 

(Adopted effective October 26, 1989; amended March 27, 1997; effective March 27, 1997; amended January 4, 2010, effective February 1, 2010.)

This Rule 101 and the following Idaho Appellate Rules are adopted specifically for and shall apply to the Idaho Court of Appeals, which is hereafter referred to as the Court of Appeals. The Idaho Appellate Rules shall apply to all proceedings in the Court of Appeals as well as the following rules. The Court of Appeals may adopt rules for its internal administration and operation. 

(Adopted April 17, 1981, effective July 1, 1981; amended December 5, 2013, effective immediately.)

The Judges of the Court of Appeals shall have resident chambers in Boise, Idaho, and shall hold sessions of court in such cities in the state of Idaho and at such times as prescribed by order of the Supreme Court. Three Judges, one or more of whom may be a judge pro tem appointed by the Supreme Court to substitute for an absent judge, shall be necessary to constitute a quorum, two of whom must concur to pronounce a decision or to render an opinion. 

(Adopted April 17, 1981, effective July 1, 1981.)

The Chief Judge of the Court of Appeals shall be appointed by the Chief Justice of the Supreme Court for a term of two (2) years. The Chief Judge shall preside over all sessions of court at which the judge is present, sign all orders of the court and shall be responsible for the management and administration of the court and its personnel subject to statutes, rules, orders, and administrative policies of the Supreme Court. The Chief Judge shall designate another judge of the court to serve as Acting Chief Judge in the absence of the Chief Judge. 

(Adopted April 17, 1981, effective July 1, 1981.)

The Clerk of the Supreme Court shall be the Clerk of the Court of Appeals. 

(Adopted April 17, 1981, effective July 1, 1981.)

(a)  Cases Reserved to Supreme Court. The Court of Appeals shall hear and decide all cases assigned to it by the Supreme Court; provided that the Supreme Court will not assign the following cases: 

(1)  Proceedings invoking the original jurisdiction of the Idaho Supreme Court; 

(2)  Appeals from imposition of sentences of capital punishment in criminal cases; 

(3)  Appeals from the Industrial Commission; 

(4)  Appeals from the Public Utilities Commission; 

(5)  Review of the recommendatory orders of the Board of Commissioners of the Idaho State Bar; 

(6)  Review of recommendatory orders of the Judicial Council. 

(b)  Assignment of Cases to Court of Appeals. Generally, cases which involve consideration of existing legal principles will be assigned to the Court of Appeals. In assigning cases to the Court of Appeals, due regard will be given to the workload of each court, and to the error review and correction functions of the Court of Appeals. In assigning cases to the Court of Appeals, the Supreme Court may order that the appeal is to be submitted upon the briefs without oral argument, in which case any party may file a written objection to the order for submission on the briefs within twenty-one (21) days of the date of the order, setting forth the reasons for which the party desires oral argument.  Any such objection to submission on the briefs shall be determined without oral argument. Ordinarily, the Supreme Court will retain the following classes of cases:

(1)  Cases in which there is substantial public interest; 

(2)  Cases in which there are significant issues involving clarification or development of the law, or which present a question of first impression; 

(3)  Cases which involve a question of substantial state or federal constitutional interpretation; 

(4)  Cases raising a substantial question of law regarding the validity of a state statute, or of a county, city, or other local ordinance; 

(5)  Cases involving issues upon which there is an inconsistency in the decisions of the Court of Appeals or of the Supreme Court. 

(c)  Transfer of Assigned Cases. The Supreme Court may order transfer of a case from the Court of Appeals to the Supreme Court when a case concerns an issue of imperative or fundamental public importance. 

(Adopted April 17, 1981, effective July 1, 1981; amended March 1, 2000, effective July 1, 2000.)

The Court of Appeals may, in its discretion, order that an appeal shall be submitted on the briefs without oral argument.  Any party to the appeal may file a written objection to the order for submission on the briefs within twenty-one (21) days of the date of the order, setting forth the reasons for which the party desires oral argument.  Any such objection to submission on the briefs shall be determined without oral argument.

(Adopted January 7, 1997, effective February 1, 1997; amended March 1, 2000, effective July 1, 2000.)

All motions, petitions, briefs and other appellate documents, other than the initial notice of appeal, shall be filed with the Clerk of the Supreme Court as required by the Idaho Appellate Rules with the court heading of the Supreme Court of the State of Idaho as provided by Rule 6. In the event of an assignment of a case to the Court of Appeals, the title of the proceeding and the identifying number thereof shall not be changed except that the Clerk of the Supreme Court may add additional letters or other notations to the case number so as to identify the assignment of the case. All case files shall be maintained in the office of the Clerk of the Supreme Court. 

(Adopted April 17, 1981, effective July 1, 1981; amended June 20, 2013, effective July 1, 2013.)

Oral argument to the Court of Appeals may be held by telephone conference call of all members of the court, all attorneys for the parties and the clerk by stipulation of all parties and approval by the court. If oral argument has been held or waived by stipulation, the court, upon finding that additional dialogue would be useful, may order argument by telephone conference call. Any argument under this rule shall follow the general format established for oral argument under Rule 37, to the extent practicable. The court may limit oral argument under this rule to particular questions or issues. The clerk shall record oral argument made by telephone conference call under this rule. 

Adopted March 27, 1989, effective July 1, 1989.)

The Court of Appeals may reverse, affirm or modify any order or judgment appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had in the trial court. All opinions, decisions, orders and remittiturs of the Court of Appeals shall be as prescribed by the Idaho Appellate Rules. If a new trial be granted, the Court of Appeals shall pass upon and determine all questions of law involved in the case presented upon such appeal and necessary to the final determination of the case. 

(Adopted April 17, 1981, effective July 1, 1981.)

At any time the Supreme Court may order the assignment of a case to the Court of Appeals revoked. Upon the entry of an order revoking the assignment, the Court of Appeals shall take no further action in the case. 

(Adopted April 17, 1981, effective July 1, 1981.)

Any party to a proceeding aggrieved by opinion or order of the Court of Appeals may thereafter petition to that court for a rehearing in the same manner, within the same time limits, upon the same grounds, and with the same effect as a petition for rehearing to the Supreme Court under the Idaho Appellate Rules. The determination of whether to grant the rehearing, and the determination on rehearing if granted, shall be made by the Court of Appeals. 

(Adopted April 17, 1981, effective July 1, 1981; amended March 24, 1982, effective July 1, 1982.)

(a)  Petition, Time for Filing, Ruling by Supreme Court. Any party to a proceeding aggrieved by opinion or order of the Court of Appeals may physically file a petition for review with the Clerk of the Supreme Court within twenty-one (21) days after the announcement of the opinion or order, or after the announcement of an order denying rehearing, or after the announcement of an opinion on rehearing or after an opinion is modified without rehearing in a manner other than to correct a clerical error.  It is not necessary to file a petition for rehearing with the Court of Appeals before filing a petition for review under this rule.  A brief in support of the petition for review must be filed with the petition or within fourteen (14) days thereafter; however, if the appeal was expedited pursuant to Rule 12.2, the brief in support of the petition shall be filed with the petition or the petition will be summarily dismissed. Such petition shall be processed within the time limits and in the manner prescribed for a petition for rehearing of the Supreme Court opinion as provided by Rule 42. The filing of a petition for review under this rule does not preclude the filing of a timely petition for rehearing under Rule 116; and no action will be taken by the Supreme Court on a petition for review until the Court of Appeals has made a final ruling upon and determination of all petitions for rehearing.  

(b)  Criteria for Granting Petitions for Review by the Supreme Court. Granting a petition for review from a final decision of the Court of Appeals is discretionary on the part of the Supreme Court, and will be granted only when there are special and important reasons and a majority of the Justices direct that the petition be granted. The following, while neither controlling nor fully measuring the Supreme Court's discretion, are factors that will be considered in the exercise of the Court's discretion: 

(1)  Whether the Court of Appeals has decided a question of substance not heretofore determined by the Supreme Court; 

(2)  Whether the Court of Appeals has decided a question of substance probably not in accord with applicable decisions of the Idaho Supreme Court or of the United States Supreme Court; 

(3)  Whether the Court of Appeals has rendered a decision in conflict with a previous decision of the Court of Appeals; 

(4)  Whether the Court of Appeals has so far departed from the accepted and usual course of judicial proceedings or so far sanctioned such procedure by a trial court as to call for the exercise of the Supreme Court's power of supervision; 

(5)  Whether a majority of the judges of the Court of Appeals, after decision, certifies that the public interest or the interests of justice make desirable a further appellate review. 

  (c)  Briefing.

(1)  In support of review.  The brief in support of the petition for review must address the criteria for review set out in subsection (b) of this rule, and discussion and argument should be limited to the criteria for review. There is no response to a petition for review unless the Supreme Court requests a party to respond to the petition for review before granting or denying the petition. A brief in support of or in opposition to a petition for review does not need to be bound or have any colored cover.

(2)  After review is granted.  If a petition for review is granted, the Supreme Court will rely on the original briefs filed by the parties and considered by the Court of Appeals. There will be no additional briefing unless it is ordered by the Supreme Court.

(Adopted April 17, 1981, effective July 1, 1981; amended March 24, 1982, effective July 1, 1982; amended March 28, 1986, effective July 1, 1986; amended March 23, 1990, effective July 1, 1990; amended January 4, 2010, effective February 1, 2010; amended March 18, 2011, effective July 1, 2011; amended November 20, 2012, effective January 1, 2013; amended September 1, 2015, effective January 1, 2016.)

Within twenty-one (21) days after the announcement of an opinion or order of the Court of Appeals, or the announcement of an opinion or order on rehearing or a modified opinion or order without a rehearing, the Supreme Court may, on its own motion, enter an order directing a review of the case before the Supreme Court. The entry of such an order shall constitute and have the same effect as an order granting a petition for review before the Supreme Court. 

(Adopted April 17, 1981, effective July 1, 1981.)

Opinions and remittiturs shall issue from the Court of Appeals in accordance with Rule 38 of these rules except in those cases in which the Supreme Court grants a petition for review of the opinion of the Court of Appeals. In the event the Supreme Court grants a petition for review, the assignment of the case to the Court of Appeals shall terminate and no remittitur shall issue on the opinion of the Court of Appeals. Upon final determination of the appeal pursuant to the order granting review, the Supreme Court will enter an opinion and remittitur to the district court in accordance with Rule 38 of these rules, unless otherwise ordered by the Supreme Court. 

(Adopted March 24, 1982, effective July 1, 1982.)