Notes from ‘An Appellate Practice CLE’ – Part 2: motions for an extension of time, motions for an overlength brief, avoiding delays in appeals, cross-appeals, and more

In a post earlier this week, I relayed notes and practice pointers on Idaho appellate practice gathered from An Appellate Practice CLE, held on October 9, 2015. Here are some additional notes from the CLE:

• First motions for an extension of time to file a brief are granted 99.99% of the time. Typically, extensions are limited to 28 days.
• For expedited appeals, such as appeals in family law cases brought under Idaho Appellate Rules 11.1 and 12.1, extensions of time to file a brief are usually not granted. See I.A.R. 12.2(e).
• Briefs before the Idaho Supreme Court and Court of Appeals are limited to 50 pages; the front and back covers, the table of contents, and table of authorities are included in that page count. See I.A.R. 34(a). Motions for an overlength brief seeking between 51 and 60 pages are typically granted by the Clerks’ office. Motions seeking more than 60 pages are addressed by the Idaho Supreme Court.
• If the Idaho Supreme Court grants a permissive appeal under Idaho Appellate Rule 12, the party seeking to appeal must still file a notice of appeal in the district court.

• Delay in the preparation of transcripts can significantly extend the time for an appeal before the Idaho Supreme Court and Court of Appeals. Under Idaho Appellate Rule 24(c), the court reporter is required to prepare a cost estimate following the conclusion of any trial or agency proceeding. But that does not always happen. To avoid unnecessary delay in the preparation of the transcript, counsel should pay $200 as the cost estimate prior to filing the notice of appeal.
• Oral argument on any cross-appeal must be made during the respondent’s allotted 30 minutes. There is no time for a rebuttal argument on a cross-appeal.
• The Idaho Supreme Court recently studied attorney fees awarded by the Idaho Supreme Court. The study found the fees awarded on appeal ranged between $675 and $63,000. The average award of fees on appeal was $17,000 and the median was $12,000.
• In real property disputes, the brief must include a map, diagram, illustrative drawing, or other document depicting the property. I.A.R. 35(g).

An Appellate Practice CLE was recorded and will be available for purchase in November 2015 through the Idaho State Bar at (208) 334-4500.