Idaho Appellate Rules – 2026

Rule 1 Title, construction and effective date Rule 2 Scope and definitions Rule 3 Writs of review, bills of exceptions, and writs of certiorari Rule 4 Persons who may appeal Rule 5 Special writs and proceedings Rule 6 Title of appeal and designation of parties and size of paper Rule 6.1 Consolidation Rule 7 Substitution of party Rule 7.1 Intervention Rule 8 Amicus curiae Rule 9 Appearance of attorneys not licensed in Idaho Rule 10 Hearings by the Supreme Court Rule 11 Appealable judgments and orders Rule 11.1 Appealable judgments and orders from the magistrate court Rule 11.2 Signing of notice of appeals, petitions, motions, briefs and other papers; sanctions Rule 11.3 Transfer of appeal taken to wrong court Rule 12 Appeal by permission Rule 12.1 Permissive appeal in custody and guardianship cases Rule 12.2 Expedited review for appeals in custody cases brought pursuant to Rule 11.1 or Rule 12.1 Rule 12.3 Certification of a question of law from a United States court Rule 12.4 Expedited Appeals in Industrial Commission Appeals pursuant to Rule 11(d)(2) Rule 13 Stay of proceedings upon appeal or certification Rule 13.1 Ex parte temporary stay Rule 13.2 Suspension of appeal Rule 13.3 Temporary remand to district court or administrative agency Rule 13.4 Delegation of jurisdiction to district court during an appeal Rule 13.5 Stipulation for vacation, reversal or modification of judgment Rule 14 Time for filing appeals Rule 15 Cross-appeal after an appeal Rule 16 Bonds on appeal Rule 17 Notice of appeal - Contents Rule 18 Notice of cross-appeal - Contents Rule 19 Request for additional transcript or clerk's or agency's record Rule 20 Filing and service of documents Rule 20.1 Filing and service of documents by facsimile machine Rule 21 Effect of failure to comply with time limits Rule 22 Computation of time Rule 23 Filing fees and clerk's certificate of appeal - Waiver of appellate filing fee Rule 24 Reporter's transcript - Format - Estimate of fees - Payment to clerk in trust - Time for preparation - Waiver of reporter's fee Rule 25 Reporter's transcript - Contents Rule 26 Preparation and arrangement of reporter's transcript Rule 26.1 Computer-searchable disks of transcripts - Repealed effective January 24, 2019 Rule 27 Clerk's or agency's record - Number - Clerk's fees - Payment of estimated fees - Time for preparation - Waiver of clerk's fee Rule 28 Preparation of clerk's or agency's record and electronic transcript record – Contents and arrangements Rule 29 Settlement and filing of reporter's transcript and clerk's or agency's record Rule 30 Augmentation or deletions from transcript or record Rule 30.1 Corrections of transcript or record Rule 30.2 Augmentation of record on appeal with copy of an ordinance Rule 31 Exhibits, recordings and documents Rule 31.1 Reclaiming exhibits, documents or property Rule 32 Motions - Time for filing - Briefs Rule 33 Stipulation for dismissal Rule 33.1 [Rescinded] Rule 34 Briefs on appeal - Number - Length - Time for filing - Extension - Augmentation Rule 34-1 Electronic Briefs - Repealed effective January 24, 2019 Rule 35 Content and arrangement of briefs Rule 36 Preparation of briefs Rule 37 Oral argument Rule 38 Opinions and remittiturs Rule 39 Remittitur following mandate from the Supreme Court of the United States Rule 40 Taxation of costs Rule 41 Attorney fees on appeal Rule 42 Petition for rehearing Rule 43 Special writs. -Repealed effective July 1, 2009 Rule 44 Extraordinary appellate procedure Rule 44.1 Expedited Review for appeals brought pursuant to I.C. 18-609A Rule 45 Withdrawal or substitution of appellate counsel Rule 45.1 Criminal appeals - Counsel on appeal Rule 46 Extension of time generally Rule 47 Service of court opinions, orders and other documents by the clerk Rule 48 Practice not covered by rules Rule 49 Appellate settlement conference Rule 101 Rules applicable to the Idaho Court of Appeals Rule 102 Idaho Court of Appeals Rule 103 Reserved Rule 104 Chief Judge Rule 105 Reserved Rule 106 Clerk and officers of court Rule 107 Reserved Rule 108 Assignment of cases Rule 109 Oral Argument Rule 110 Case files Rule 111 Argument by telephone conference call Rule 112 Determination of appeals Rule 113 Reserved Rule 114 Re-transfer of case to Supreme Court Rule 115 Reserved Rule 116 Petition for rehearing before Court of Appeals Rule 117 Reserved Rule 118 Petition for review by the Supreme Court Rule 119 Reserved Rule 120 Review of decisions on initiative of Supreme Court Rule 121 Reserved Rule 122 Opinions and remittiturs