Idaho Appellate Rules
Rule 23. Filing fees and clerk's certificate of appeal - Waiver of appellate filing fee
(a) Filing Fees. The Clerk of the Supreme Court shall charge the following filing fees for appeals and petitions:
Filing Fee
(1) | Appeals in civil cases except for habeas corpus and post-conviction relief ............ | $94.00 |
(2) | Appeals from the Public Utilities Commission ........... | $94.00 |
(3) | Appeals from the Industrial Commission, with the exception of appeals by individual claimants under the employment security law ............ | $94.00 |
(4) | Any cross-appeals in the appeals set out in (1), (2) and (3) above ......................... | $94.00 |
(5) | Applications to intervene ............ | $94.00 |
(6) | Petitions for a special writ under the original jurisdiction of the Supreme Court except for habeas corpus and criminal cases..... | $76.00 |
(7)
| Petitions for rehearing except in criminal actions, or actions for habeas corpus or post-conviction relief ............ | $71.00 |
(8) | Appeals in criminal cases ............ | $ None |
(9) | Petitions for writ of habeas corpus ............ | $ None |
(10) | Appeals in post-conviction relief cases ............ | $ None |
(11) | Petition for review of a decision of the Court of Appeals .... | $ None |
(12) | Review of Violent Sexual Predator designation ............... | $ None |
(13) (14) | Appeals by individual claimants under the employment security law ........... Appeals of orders designating a person a vexatious litigant under Idaho Court Administrative Rule 59 ........... | $ None $ None |
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 forward an electronic 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) Request for 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 or section 31-3220A, 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 make application to the district court or administrative agency from which the appeal is taken. To apply for a waiver, the appellant must file with the notice of appeal a motion for waiver and a declaration or affidavit sworn to by the appellant stating:
(1) The applicant’s name and address.
(2) A request to waive the appellate filing fee.
(3) A statement of facts in accordance with section 31-3220(3)(a)-(j) or section 31-3220A(2)(b)(i)-(x), Idaho Code, showing the indigency of the applicant to pay the filing fee.
(4) A certification that the applicant is unable to pay all court costs at the time of filing and is entitled to waiver of the filing fee.
The district court or administrative agency must enter an order recommending waiver or no waiver of the appellate filing fee.
(d) Supreme Court Review of Request for Waiver. Upon entry of the order recommending waiver or no waiver of the appellate filing fee, all of said documents filed with the district court or administrative agency requesting a waiver of the appellate filing fee, the notice of appeal, and the district court or administrative agency order recommending waiver or no waiver of the appellate filing fee shall be forwarded by the clerk of the district court or administrative agency to the Supreme Court. 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 the appeal will proceed. If the Supreme Court enters an order denying the waiver of the appellate filing fee the Appellant will have twenty-one (21) days from entry of the order to pay the filing fee to the district court clerk or administrative agency or the appeal will be dismissed.
(e) Automatic Waiver. An appellate filing fee set forth under subsection (a) is automatically waived if the appellant or cross-appellant is represented by:
(1) an attorney volunteering through the Idaho Law Foundation Volunteer Lawyers Program;
(2) the University of Idaho Legal Aid Clinic;
(3) the Idaho Legal Aid Program; or
(4) an attorney under a private attorney contract with Legal Aid.
(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.
(g) Form of Certificate of Appeal. The Certificate of Appeal made by the clerk of the district court or administrative agency for filing with the Supreme Court shall be in the following form:
Click here for form.
(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; amended April 29, 2026, effective July 1, 2026.)