Idaho Appellate Rule 5 sets forth procedures for special writs and other proceedings over which the Idaho Supreme Court has original jurisdiction. The Court recently proposed adding five new subsections to the rule. The amendments address the form of the Court’s denial of a petition for a writ of mandamus or prohibition or issuance of a peremptory writ (proposed subsection (e)) and procedures for a prevailing party to seek costs (proposed subsections (f)-(i)). Of particular note, proposed subsection (g) lists 11 categories of costs, one of which is reasonable attorney fees. Look for the amendments to be issued later in 2016.
