How Cases Reach the Idaho Supreme Court
The Idaho Constitution vests the Idaho Supreme Court with two types of jurisdictions to hear cases.
Idaho Supreme Court Procedures
Appellate Jurisdiction
Used to review interim orders and final judgments of district courts and decisions of the Public Utilities Commission and Industrial Commission.
Original Jurisdiction
Used to hear claims against the state, issue advisory opinions, and issue extraordinary writs.
Most cases arrive at the Idaho Supreme Court as appeals from district courts or administrative agencies. The procedures for an appellate case in the Supreme Court are much different from those in the district courts.
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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. Some appellate courts, such as the U.S. Supreme Court, only accept a certain number of appeals each year. But all properly filed appeals in Idaho’s Judicial Branch are guaranteed a review and response. The Idaho Supreme Court assigns some of these cases 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 Supreme Court Reviews the Case
As an appellate court, the Idaho Supreme Court does not hold a trial, hear new evidence, or call witnesses when reviewing an appeal. Instead, it carefully reviews the case record from the lower court alongside written briefs from the appellant and respondent that outline their arguments for or against the decision of the lower court. - 4
The Supreme Court Publishes an Opinion (Decision)
After reviewing all aspects of the case, the justices meet privately to discuss the legal issues on appeal and vote on the outcome. The justices draw lots to determine who will write the Court’s opinion.
What is an Opinion?
An opinion is a written explanation of the Court’s 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 Court’s 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.
Sometimes, justices 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.
How long will it take the Court to issue an opinion?
Idaho Supreme Court opinions are released at the discretion of the Court. A majority of the justices must reach consensus on the legal issues involved, and the opinion must be researched, written and reviewed along with any potential concurring or dissenting opinions.
Where can I find Opinions?
New opinions of the Idaho Supreme Court are published to this website. They are also formally compiled in the Idaho Reports, the official publication of the Court, and in the Pacific Reporter, a regional case law series where Supreme Court opinions from other Western states are compiled.
When Does a Supreme Court Decision Become Final?
A party may ask the Idaho Supreme Court to reconsider its decision by filing a petition for rehearing. If rehearing is denied, the decision becomes final. In rare cases, a decision from the Idaho Supreme Court may be appealed to the U.S. Supreme Court if it involves a federal constitutional issue or federal law.