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Changes to the Idaho Appellate Rules effective January 1, 2016

By Christopher Pooser on January 20, 2016
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Amendments to Idaho Appellate Rules 11, 11.1, 17, 28, 30, 34.1 and 118 went into effect January 1, 2016. Here is an overview of the amendments:

I.A.R. 11. Appealable judgments and orders. The rule now requires a copy of the final judgment or order to be attached to the notice of appeal.

I.A.R. 11.1. Appealable judgments from the magistrate court. When an appeal is taken from the magistrate court, a copy of the final judgment must also be attached to the notice of appeal.

I.A.R. 17. Notice of appeal – content. Again, a copy of the final judgment or order must be attached to the notice of appeal.  Note that the suggested form of the notice of appeal includes this language:  “A copy of the judgment or order being appealed is attached to this notice, as well as a copy of the final judgment if this is an appeal from an order entered after final judgment.”

I.A.R. 28. Preparation of clerk’s or agency’s record – content and arrangement. For administrative proceedings, the standard clerk’s record now includes the findings of fact and conclusions of law made by a referee or a hearing officer.

I.A.R. 30. Augmentation or deletions from transcript or record. The current rule requires motions to augment to include as attachments the documents sought to be augmented.  The amendment requires each page of each document to be separately and sequentially numbered.

I.A.R. 34.1. Electronic briefs. In criminal appeals, the parties may choose to file only an electronic brief.  In civil appeals, the rule remains the same:  the parties may file an electronic brief but still must file paper copies of the brief as required under I.A.R. 34.

I.A.R. 118. Petition for review by the Supreme Court. A party aggrieved by an opinion or order of the Court of Appeals may petition for review by the Supreme Court.  The amendment simply breaks out the briefing procedures for petitions for review into a stand-alone subsection.

Photo of Christopher Pooser Christopher Pooser

Christopher Pooser represents clients before federal and state appellate courts, including the Ninth Circuit Court of Appeals and the Idaho Supreme Court. His appellate practice focuses on helping clients assess their tolerance for risk on appeal and ultimately positioning them for success on…

Christopher Pooser represents clients before federal and state appellate courts, including the Ninth Circuit Court of Appeals and the Idaho Supreme Court. His appellate practice focuses on helping clients assess their tolerance for risk on appeal and ultimately positioning them for success on appeal. He also works with trial attorneys to ensure the facts and legal issues are carefully developed and presented and a complete trial record is preserved for appeal.

Click here for Chris Pooser’s full bio.

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  • Posted in:
    Appellate and Supreme Court
  • Blog:
    Notice of Appeal
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

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