Document | Deadline (I.R.C.P.) |
Notice of Appeal | 42 days from date of judgment, order or decree of magistrate court (I.R.C.P. 83(e) [1]) |
Transcript |
14 days from date Notice of Appeal is filed to pay estimated fee (83(k) [2]) |
Objections to the Transcript | 21 days from date Notice of Lodging of Transcript is mailed by the magistrate court clerk, or else the Transcript will be considered settled (83(o) [3]) |
Filing of Transcript and Record with District Court | The magistrate court clerk has 7 days from date the Transcript is settled (83(p) [4]) |
Augmentation of Transcript or Record | Anytime after Transcript and Record are filed (83(q) [5]; I.A.R. 30 [6]) |
Appellant’s Brief | 35 days from date Transcript and Record are filed with district court (83(v) [7]) |
Respondent’s Brief or Cross-Appellant’s Brief | 28 days from date Appellant’s Brief is served (83(v) [7]) |
Cross-Respondent’s Brief | 28 days from date Cross-Appellant’s Brief is served (83(v) [7]) |
Reply Brief | 21 days from date any Respondent’s Brief is served (83(v) [7]) |
Judicial Review of Agency Actions
Document | Deadline (I.R.C.P.) |
Petition for Judicial Review | 28 days from date of decision, order or award from administrative agency (I.R.C.P. 84(b)(1) [8]) |
Transcript | The transcriber has 14 days from the date the Petition for Judicial Review is (84(g)(1)(B) [9] |
Record | The agency clerk has 14 days from the date the Petition for Judicial Review is filed (84(f)(5) [10]) |
Objections to the Transcript and Record | 14 days from date Notice of Lodging of Transcript and Record is mailed by the agency, or else the Transcript and Record will be considered settled (84(j) [11]) |
Lodging of Transcript and Record with District Court | The agency has 42 days from date the Petition for Judicial Review is served (84(k) [12]) |
Augmentation of Transcript or Record | 21 days from date Transcript and Record are filed with district court (84(l) [13]) |
Petitioner’s Brief | 35 days from date Transcript and Record are filed with district court (84(p) [14]) |
Respondent’s Brief or Cross-Appellant’s Brief | 28 days from date Appellant’s Brief is served (84(p) [14]) |
Cross-Respondent’s Brief | 28 days from date Cross-Appellant’s Brief is served (84(p) [14]) |
Reply Brief | 21 days from date any Respondent’s Brief is served (84(p) [14]) |
Appeals from the District Courts
Document | Deadline (I.A.R.) |
Notice of Appeal |
42 days from date of judgment, order or decree of district court |
Reporter's Transcript | The court reporter has 30 days from date Notice of Appeal is filed, if transcript is estimated to be under 100 pages in length (24(e) [16]) The court reporter has 63 days from date Notice of Appeal is filed, if transcript is estimated to be more than 100 pages but less than 500 pages in length |
Clerk's Record | The district court clerk has 30 days from date Notice of Appeal is filed (27(d) [17]) |
Request for Additional Transcript or Record | 14 days from date Notice of Appeal is filed (19(d) [18]) |
Objections to the Transcript or to the Record | 28 days from date Transcript and Record are served by the district court clerk, or else Transcript and Record will be considered settled (29(a) [19]) |
Filing of Transcript and Record with Supreme Court | The district court clerk has 7 days from date the Transcript and Record are settled (29(b) [19]) |
Motion for Involuntary Dismissal for Failure to Comply With the I.A.R. | 21 days before oral argument on the merits (32(a) [20]) |
Appellant's Brief | 35 days from date that Transcript and Record are filed with Supreme Court (34(c) [21]) |
Respondent’s Brief or Cross-Appellant’s Brief | 28 days from date Appellant’s Brief is served (34(c) [21]) |
Cross-Respondent’s Brief | 28 days from date Cross-Appellant’s Brief is served (34(c) [21]) |
Reply Brief | 21 days from date any Respondent’s Brief is served (34(c) [21]) |
Motion for Extension of Time to File Brief | Due date of brief (34(e) [21]) |
Petition for Rehearing | 21 days from date Court’s opinion is filed (42(a) [22]; 116 [23]) |
Brief on the Petition for Rehearing | 14 days from date Petition is filed (42(b) [22]) |
Petition for Review by the Supreme Court | 21 days from date Court of Appeals opinion or order is announced (118(a) [24]) |
Brief in Support of the Petition for Review | 14 days after Petition for Review is filed (118(a) [24]) |
Filing Fees
Type of Appeal | Filing Fee |
Appeals in civil cases |
$109.00 |
Appeals from the Public Utilities Commission | $109.00 |
Appeals from the Industrial Commission | $109.00 |
Any cross-appeals from the 3-types listed above | $109.00 |
Applications to intervene | $94.00 |
Petitions for a special writ under the original jurisdiction of the Supreme Court (Except habeas corpus, criminal cases) | $76.00 |
Petitions for rehearing (Except criminal cases, habeas corpus, post-conviction relief) |
$71.00 |
Appeals in criminal cases (Fees for reporters transcript and clerks record still apply) |
$ 0.00 |
Petitions for writ of habeas corpus | $ 0.00 |
Petitions for post-conviction relief | $ 0.00 |
Petition for review of a decision of the Court of Appeals | $ 0.00 |
* No appellate filing fee is required for State agencies and counties, including public defenders * (I.A.R. 23(a) [25]) |
Number of Copies Appeals from the District Courts
Document | Number of Copies |
All Motions and supporting documents | Original and 6 copies |
Brief | Original, 6 bound copies and 1 unbound, unstapled copy |
Petition for Rehearing | Original and 9 copies |
Brief on the Petition for Rehearing | Original and 9 copies |
Petition for Special Writ | Original and 6 copies |
Brief in Support of Petition for Special Writ | Original and 6 copies |
Civil & Criminal Appeals from the Magistrate Courts
Document | Number of Copies |
All Motions and supporting documents | Original |
Brief | Original |
Judicial Review of Agency Actions
Document | Number of Copies |
All Motions and supporting documents | Original |
Brief | Original |
Checklists Checklists for Briefs
Requirement | ü |
Paper: unruled and untreated 8 by 11 white paper (I.A.R. 36(c) [26]) | |
Typeface: no smaller than 12 point Times New Roman (36(c) [26]) - Prisoners may write documents in legible, hand-printed black ink (36(c) [26]) |
|
Line Spacing: double-spaced, quotations may be single-spaced and indented (36(c) [26]) | |
Page Margin: 1 at top and bottom of page, 1 at each side (36(c) [26]) | |
Page Numbers: number each page at the bottom (36(c) [26]) | |
Binding: must be bound on the left with comb binding only (36(c) [26]) | |
Front Cover: must include: |
|
Color of Cover: - Appellant's Brief: light blue - Respondent's Brief: white - Appellant's Reply Brief: tan or light brown - Respondent's Reply Brief: light yellow (RE: Respondent- Cross Appellant’s Reply Brief) - See 36(b) [26] for more cover colors |
|
Cover Material: 65 cover stock or heavier, or vinyl of equal weight, not plastic or acetate 36(b) [26] | |
Table of Cases and Authorities: cases must be alphabetically arranged (35(a)(3) [27]) | |
Length: must be 50 pages or under, including covers, excluding addendums or exhibits - Briefs in excess of 50 pages may be filed with consent of the Supreme Court (34(b) [21]) |
|
Service: two copies of the brief must be served upon each party to the appeal (34(d) [21]) | |
Filing: original, six bound copies and one unbound, unstapled copy shall be filed with the Supreme Court (34(a) [21]) | |
Signing: original must be signed when filed with Supreme Court (34(a) [28]) | |
Certification of Service: certify service and the date and manner of service in the original brief filed with the Supreme Court (20 [29]) |
Color Chart for Briefs Checklists for Briefs
* Only Original needed for appeals from a magistrate court *
Links
[1] https://isc.idaho.gov/../ircp83e
[2] https://isc.idaho.gov/../ircp83k
[3] https://isc.idaho.gov/../ircp83o
[4] https://isc.idaho.gov/../ircp83p
[5] https://isc.idaho.gov/../ircp83q
[6] https://isc.idaho.gov/../iar30
[7] https://isc.idaho.gov/../ircp83v
[8] https://isc.idaho.gov/../ircp84b
[9] https://isc.idaho.gov/../ircp84g
[10] https://isc.idaho.gov/../ircp84f
[11] https://isc.idaho.gov/../ircp84j
[12] https://isc.idaho.gov/../ircp84k
[13] https://isc.idaho.gov/../ircp84l
[14] https://isc.idaho.gov/../ircp84p
[15] https://isc.idaho.gov/../iar14
[16] https://isc.idaho.gov/../iar24
[17] https://isc.idaho.gov/../iar27
[18] https://isc.idaho.gov/../iar19
[19] https://isc.idaho.gov/../iar29
[20] https://isc.idaho.gov/../iar32
[21] https://isc.idaho.gov/../iar34
[22] https://isc.idaho.gov/../iar42
[23] https://isc.idaho.gov/../iar116
[24] https://isc.idaho.gov/../iar118
[25] https://isc.idaho.gov/../iar23
[26] https://isc.idaho.gov/../iar36
[27] https://isc.idaho.gov/../iar35
[28] http://www.isc.idaho.gov/iar34
[29] https://isc.idaho.gov/../iar20