The Idaho Supreme Court recently announced amendments to Idaho Appellate Rules 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. The changes go into effect July 1, 2017. Attorneys handling appeals before the Supreme Court should note that the submission of electronic briefs will be mandatory. Criminal appellate attorneys will want to consider changes to the reporter’s standard transcript. Attorneys who handle magistrate appeals involving child custody need to be aware of changes to Rules 11.1, 12.1, and 12.2.
There are other rule changes as well. Here are the highlights:
- Rules 11.1, 12.1, 12.2 (appealable judgments from the magistrate courts) – These rules address appealable judgments from the magistrate courts to the Idaho Supreme Court—in effect, bypassing the district courts—in certain child custody matters. Parties have a direct appeal to the Supreme Court from a judgment that grants or denies a petition for termination of parental rights or for adoption. Parties must seek permission from the magistrate and Supreme Court to appeal a judgment involving the custody of a minor or a Child Protective Act proceeding. The amendments largely streamline and clarify the rules but also include substantive changes.
- Rule 12.1 (permissive appeals in custody cases)
- Rule 12.1(a) – The existing rule encourages, without requiring, the magistrate to rule on a motion for permission to appeal within 21 days of the date the motion was filed. The amended rule mandates that the magistrate “shall enter its written order on the motion” within 14 days after the time for a response has expired or within 14 days of a hearing.
- Rule 12.1(b) and (c) – The existing rule requires a party to file a motion with the Supreme Court seeking acceptance of the appeal by permission whether the magistrate approves or disapproves the motion. The amended rule eliminates that requirement when the magistrate approves the motion. As of July 1, only when the magistrate denies the motion must a party file a motion with the Supreme Court seeking acceptance of the appeal.
- Rule 12.1(b) and (c)(2) – While not a change to the rule, it is important to remember that a party must still file a notice of appeal with the district court within 14 days of the order granting permission to appeal. That is true whether the magistrate or the Supreme Court grants permission. See also Rule 12.2.
- Rule 12.2 (expedited review for appeals in custody cases brought pursuant to Rule 11.1 or Rule 12.1) – The existing rule requires oral argument within 120 days from the filing of the notice of appeal. The amended rule requires oral argument within 120 days from when the notice of appeal is received by the Supreme Court.
- Rule 25(d) (reporter’s standard transcript – criminal appeals) – The amended rule streamlines and changes the contents of the reporter’s standard transcript in an appeal from a criminal conviction. The standard transcript will include the testimony and proceedings in the trial or the guilty plea hearing and the sentencing hearing. Transcripts of other proceedings will only be prepared if specifically requested.
- Rule 28(g) (preparation of clerk’s or agency’s record) – The existing rule requires the clerk to include a table of contents and index of record in each paper volume of the clerk’s record. The amended rule addresses electronic copies of the clerk’s record and requires an electronic record to contain bookmarks that link to each document.
- Rule 34(a) (briefs on appeal); Rule 34.1 (electronic copies of briefs) – Existing Rule 34(a) requires the parties to submit the original bound brief, six bound copies, and one unbound, unstapled copy. Rule 34.1 encourages, but does not require, the submission of an electronic copy of the brief. That will change. The amended rule eliminates the requirement to submit one unbound, unstapled copy. In its place is an electronic copy that must be submitted by email (submission on a CD is no longer permitted).
- Rule 40(a) (taxation of costs) – The amended rule prohibits costs to the prevailing party in post-conviction relief appeals and appeals from proceedings involving the termination of parental rights or an adoption.
The amendments can be found at: https://isc.idaho.gov/rules/IAR_Amendments_0717.pdf.