Rule 11.1. Appealable judgments and orders from the magistrate court

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July 1, 2009, amended March 29, 2010, effective July 1, 2010; amended September 1, 2015, effective January 1, 2016; repealed and a new rule adopted on May 5, 2017, effective July 1, 2017; amended April 28, 2022, effective April 28, 2022; amended August 31, 2023, effective nunc pro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