Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Idaho Supreme Court amends Idaho Rule of Civil Procedure 54 to address changes to Idaho Code § 12-121

By Christopher Pooser on May 17, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

In response to the Idaho Supreme Court’s controversial decision in Hoffer v. Shappard, 160 Idaho 868, 380 P.3d 681 (2016), the Idaho legislature amended Idaho Code § 12-121 (effective March 1, 2017). The statute now reads:

In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. This section shall not alter, repeal or amend any statute that otherwise provides for the award of attorney’s fees.

In response to the change, the Idaho Supreme Court recently announced an amendment to Idaho Rule of Civil Procedure 54, adding the following provision as Rule 54(e)(2):

Pursuant to Idaho Code Section 12-121. Pursuant to the statutory amendment effective March 1, 2017, attorney fees under Idaho Code Section 12-121 may be awarded by the court only when it finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation, which finding must be in writing and include the basis and reasons for the award. No attorney fees may be awarded pursuant to Idaho Code Section 12-121 on a default judgment.

Rule 54(e)(2) is effective retroactively as of March 1, 2017. You can read the full amendment here: https://isc.idaho.gov/rules/Amendment_of_IRCP_54_03.01.17.pdf.

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.

Read more about Christopher PooserEmailChristopher's Linkedin Profile
Show more Show less
  • Posted in:
    Administrative and Regulatory
  • Blog:
    Notice of Appeal
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo