Idaho Appellate Rules

(a) Transfer to District Court. If a party files a timely notice of appeal to the Supreme Court from a magistrate court judgment or order that is not appealable to the Supreme Court under Idaho Appellate Rule 11.1(a), the Supreme Court may transfer the appeal to the district court.

(b) Transfer to Supreme Court. If a party files a timely notice of appeal to the district court from a magistrate court judgment or order that must be appealed to the Supreme Court under Idaho Appellate Rule 11.1(a), the district court clerk must forward the notice of appeal to the Supreme Court. The Supreme Court may, on its own motion or on the motion of a party, order the appeal transferred to the Supreme Court.

(c) Procedure Upon Transfer.

(1) Upon entry of an order transferring an appeal under subsection (a) of this rule, the Clerk of the Court must promptly:

A. transmit the notice of appeal and all documents filed in the appeal to the clerk of the district court; and

B. serve the order of transfer on all parties.

The clerk of the district court must docket the appeal in the case number in which the magistrate court proceedings occurred. The appeal shall thereafter proceed as though it were originally taken to the district court.

(2) Upon entry of an order transferring an appeal under subsection (b) of this rule, the Clerk of the Court must promptly serve the order of transfer on all parties. The appeal shall thereafter proceed as though it were originally taken to the Supreme Court.

(d) Filing Date Preserved. An appeal transferred under this rule is deemed filed in the receiving court on the date the notice of appeal was originally filed.

(e) Fees. No additional filing fee is required upon transfer, except to correct any deficiency in the fee previously paid.

(Adopted April 29, 2026, effective July 1, 2026.)