Idaho Court of Appeals Procedures

Overview

The Idaho Court of Appeals is the state’s intermediate appellate court. It was created by statute in 1980 to enhance judicial efficiency and uphold Idaho’s constitutional mandate that courts administer “right and justice…without delay.” It does this by resolving appeals as assigned to it by the Idaho Supreme Court, helping to address the overall appellate workload.

What the Court Does

The Court of Appeals reviews decisions from Idaho’s trial courts to determine whether the law was applied correctly. It does not conduct new trials, hear new evidence, or call witnesses. Instead, it examines the record from the original case to identify potential legal errors.

What the Court Does

The Court of Appeals reviews decisions from Idaho’s trial courts to determine whether the law was applied correctly. It does not conduct new trials, hear new evidence, or call witnesses. Instead, it examines the record from the original case to identify potential legal errors.

  • 1

    A Decision is Made in a Lower Court

    After a trial court issues a final decision, a party who believes the court made a legal error may file an appeal.
  • 2

    The Appeal is Filed

    The appealing party (called the appellant) files a notice of appeal. The Idaho Supreme Court reviews these notices and selects which cases to assign to the Court of Appeals. Cases involving the death penalty, the Industrial Commission, the Public Utilities Commission, or the Idaho Supreme Court’s original jurisdiction remain with the Idaho Supreme Court.
  • 3

    The Court Reviews the Case

    Cases assigned to the Court of Appeals are decided by a three-judge panel. Each panel will review the trial court record alongside briefs from the appellant and respondent. These briefs outline each party’s argument for or against the final judgment of the trial court. In some cases, the court may schedule oral arguments where both parties can present their case to the panel and answer any questions the judges may have.
  • 4

    The Court Publishes an Opinion (Decision)

    After reviewing all aspects of the case, the judges meet privately to discuss the legal issues on appeal and vote on the outcome.

What is an Opinion?

An opinion is a written explanation of the Court of Appeals’ decision that:

  • Explains the legal issues on appeal

  • Describes the relevant facts of the case

  • Applies the law to those facts

  • States the Court’s final decision

The final decision may affirm the lower court’s decision, agreeing with the rule of law as it was applied to the case. Or, it may reverse parts or all of the decision, possibly remanding or sending the case back to the lower court for further proceedings.

Judges on the panel may write a separate opinion that concurs or dissents from the final decision of the Court. A concurring opinion agrees with the final decision but outlines different reasons for doing so. A dissenting opinion disagrees with the majority decision.

If more than one opinion is written, the first opinion represents the authoritative position of the Court on the issue or issues in question.

Where can I find Opinions?

New opinions of the Idaho Court of Appeals are published to this website. They are also formally compiled in the Idaho Reports and in the Pacific Reporter, a regional case law series where Supreme Court opinions from other Western states are compiled.

Further Review

Parties who disagree with a Court of Appeals decision may petition the Idaho Supreme Court for review. The Supreme Court has the discretion to choose whether it will deny or accept the case for review.