Frequently Asked Questions

Generally, any party to a case who believes the final judgment was reached in error may file an appeal to a higher court. There are specific timelines and procedures that must be followed. 

The Idaho Appellate Rules are available on this website under Rules & Procedures. They govern the process for appeals in the Idaho Supreme Court and Idaho Court of Appeals.

If you cannot afford the appellate filing fee, you can request a waiver when you file your notice of appeal with the District Court. To do this, you must include two things:

1. A motion asking for the fee to be waived - This document is a brief request telling the District Court you need the filing fee waived.

2. A sworn declaration (or affidavit) - This document must include:

• your name and address

• a statement saying you are asking for the fee to be waived

• information about your financial situation showing you cannot pay the fee (as required by Idaho Code section 31-3220 or section 31-3220A)

• a certification that you are unable to pay the filing fee and are entitled to a waiver

You must file both of these documents when you file your notice of appeal with the District Court.

When the District Court issues an order recommending whether the appellate filing fee should be waived, the request and related documents are sent to the Idaho Supreme Court. The Supreme Court will then decide on the fee waiver without needing any additional briefs or arguments.

If you cannot afford the clerk’s fee or the reporter’s transcript fee, you must file your waiver requests at the same time you file your notice of appeal with the District Court.

• If you are not a prisoner, the District Court will review your request using the financial‑need requirements in Idaho Code 31‑3220.

• If you are a prisoner, the District Court will review your request using the requirements in Idaho Code 31‑3220A.

When the District Court issues an order recommending whether the fees should be waived, the request and related documents are sent to the Idaho Supreme Court. The Supreme Court will then decide on the fee waiver without needing any additional briefs or arguments.

In most cases, an appellate brief must be typed using a word processing system like Microsoft Word or similar software.

• Use Times New Roman or Century Schoolbook font, black, 14‑point or larger

• Use double spacing (headings, footnotes, and block quotes may be single spaced)

• Use at least one‑inch margins on all sides

• Page numbers must be at the bottom of each page

Prisoners without access to a computer or typewriter may file a handwritten brief. It must be legible, written in black ink, and comply with all other applicable formatting requirements in Idaho Appellate Rule 36.

Self-represented litigants without access to a word-processing system must prepare their brief using a typewriter with black ribbon and 8.5 x 11 inch unruled and untreated white paper.

• Initial briefs must not exceed 14,000 words

• Reply briefs must not exceed 7,000 words

Headings, footnotes, and quoted material count toward your word count. Your cover page, caption page, table of contents, table of authorities, signature block, certificate of service, certificate of compliance, and appendices or exhibits do not.

A Certificate of Compliance stating your word count must be included right before your signature as the submitter. You may use your word-processing system’s word-count feature to determine this.

Yes. If you are a prisoner filing a handwritten brief, or a self-representing litigant filing a typewritten brief not prepared on a word-processing system, you are not required to meet the word-count limits or include a Certificate of Compliance. Instead, you must comply with the following page limits:

• Your initial brief may not exceed 50 pages

• Your reply brief must not exceed 25 pages