Idaho Civil Appeals Docketing Statement

State:
Idaho
Control #:
ID-SKU-093
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Description

Civil Appeals Docketing Statement

Idaho Civil Appeals Docketing Statement is a form used by the Idaho Supreme Court to track the progress of civil appeals. The statement must be filed with the Clerk of the Supreme Court within seven days of filing a notice of appeal. The statement includes the docket number and stating the parties to the appeal, the date the notice of appeal was filed, and a summary of the prior proceedings in the case. There are two types of Idaho Civil Appeals Docketing Statement: a general statement and an abbreviated statement. The general statement requires additional details such as the original trial court docket number, the date of the order appealed from, the court below, the nature of the appeal, the issues on appeal, and the parties to the appeal. The abbreviated statement only requires the docket number and a summary of the prior proceedings.

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FAQ

The party wishing to appeal a judgment must file a notice of appeal in the court that heard the matter within the 30-day statutory appeal period and in the form provided by law. The notice of appeal must be accompanied by the filing fee unless the fee is waived as provided by Idaho Code Section 31-3220.

If you wish to have a direct appeal, you must file a motion for permission to appeal with the magistrate court within 14 days from the date of entry of the order. The magistrate judge will then enter an order approving or disapproving the motion within 14 days from the date the motion has its hearing.

Idaho Appellate Rule 8. Amicus curiae. (a) When Permitted. An attorney, or person or entity through an attorney, may appear as amicus curiae in any proceeding by request of the Supreme Court; or by leave of the Supreme Court upon written motion served upon all parties.

Idaho Rules of Civil Procedure Rule 61. Harmless Error. Unless justice requires otherwise, no error in admitting or excluding evidence, or any other error by the court or a party, is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order.

If a witness is detained for failure to give bail to appear to testify at a trial or hearing, the witness or any party may request that the witness be deposed by filing a written motion and giving notice to the parties.

(i) First Appearance on Indictment by Grand Jury. A defendant arrested on a warrant issued pursuant to an indictment by grand jury must be taken before a magistrate judge or district court judge in that judicial district within 24 hours following the arrest, excluding Saturdays, Sundays and holidays.

Any party may within fourteen (14) days after service of the motion, file a brief or memorandum in opposition thereto. Unless otherwise expressly ordered by the Supreme Court such motion shall be determined without oral argument.

If the court concludes that a party or attorney has vexatiously or unreasonably increased the cost of litigation by inclusion of irrelevant materials, the court may deny that portion of the costs the court deems to be excessive and/or impose monetary sanctions.

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Idaho Civil Appeals Docketing Statement