Archives: FAQs

The short answer is yes, but such appeals are very rare. It generally must be an exceptional case for the Idaho Supreme Court to grant special permission to appeal a ruling that is not otherwise appealable as a matter of right. The Idaho Appellate Rules have a mechanism through which a party can seek to file […]

The answer is almost always yes. And here’s why. For legal issues at trial, it is not always necessary to provide extensive case law in support of an argument (although it is certainly advisable to do so). At the trial level, a party usually just needs to make their request or objection in a timely manner and […]

If you meet with the statutory definition of “indigence” for purposes of appeal, yes. It is important to remember that indigence, in this context, means something specific—it doesn’t necessarily mean that a person is in a state of extreme poverty or without any financial means. Idaho, by statute, authorizes a trial court to appoint counsel in […]

Just like a defendant at trial, a defendant in a criminal appeal also has the right to retain private counsel if he or she can afford to do so. This can take the form of hiring an attorney from the outset of the appeal—which may be the only option for persons who do not qualify for […]

If you want to appeal from a judgment or order that is appealable as of right, you must file a document called a “Notice of Appeal.” With limited exception, the Notice of Appeal must be physically filed with the trial court within 42 days of the date stamp on the order being appealed. [xxxii] If you […]

Other than the type of order being appealed from, the record made in front of the trial court is almost always a defining factor when it comes to what issues can be raised on appeal. There are also two primary ways that the record in front of the trial court establishes what issues can be properly […]

Yes, if you catch the missing portion of the record in time. The Idaho Appellate Rules provide two primary mechanisms to allow you to expand the record and include any additional documents or transcripts that were not asked for in the Notice of Appeal. The first comes after the initially requested transcripts and records are initially […]

Each appeal can be different, but here are the common steps along the process of a direct appeal in a criminal case: Notice of Appeal – this is the document that initiates the appeal and transfers jurisdiction from the trial court to the appellate court; mainly governed by Idaho Appellate Rule 17 Settling the record – this […]

For direct appeals in Idaho state courts [xlix], there are still some options that may be available, but there are fairly specific criteria for when and how they apply. The first potential option is a petition for rehearing, and the second potential option is a petition for review. [l]

A petition for rehearing is a request that is directed to the appellate court that issued the decision on appeal. It asks the court to revisit or reconsider one or more aspects of that opinion. Unlike a petition for review, the Idaho Appellate Rules do not set out any general criteria for granting a petition for rehearing. However, […]