- Deadlines
- Filing Fees
- Briefs Checklist
APPEALS FROM THE MAGISTRATE COURTS TO DISTRICT COURTS
| Document | Deadline |
|---|---|
| Notice of Appeal | 42 days from date of judgment, order or decree of magistrate court (I.R.C.P. 83(b); I.C.R. 54(b), I.R.F.L.P. 813) |
| Transcript | 14 days from date Notice of Appeal is filed to pay estimated fee (I.R.C.P. 83(g); I.C.R. 54(g)) The transcriber has 35 days from date estimated fee is paid (I.R.C.P. 83(g); I.C.R. 54(g)) |
| Objections to the Transcript | 21 days from date Notice of Lodging of Transcript is mailed by the magistrate court clerk, otherwise the Transcript will be considered settled (I.R.C.P. 83(i); I.C.R. 54(i)) |
| Filing of Transcript and Record with District Court | The magistrate court clerk has 7 days from date the Transcript is settled (I.R.C.P. 83(j); I.C.R. 54(j)) |
| Augmentation of Transcript or Record | Within 21 days of the filing of the settled transcript and record. (I.R.C.P. 83(k); Any time after Transcript and Record are filed. I.C.R. 54(k); I.A.R. 30) |
| Appellant’s Brief | 35 days from date Transcript and Record are filed with district court (I.R.C.P. 83(o); I.C.R. 54(o); I.A.R. 34) |
| Respondent’s Brief or Cross-Appellant’s Brief | 28 days from date Appellant’s Brief is served (I.R.C.P. 83(o); I.C.R. 54(o); I.A.R. 34) |
| Cross-Respondent’s Brief | 28 days from date Cross-Appellant’s Brief is served (I.R.C.P. 83(o); I.C.R. 54(o); I.A.R. 34) |
| Reply Brief | 21 days from date any Respondent’s Brief is served (I.R.C.P. 83(o); I.C.R. 54(o); I.A.R. 34) |
JUDICIAL REVIEW OF AGENCY ACTIONS FILED WITH THE DISTRICT COURT
| Document | Deadline |
|---|---|
| Petition for Judicial Review | 28 days from date of decision, order or award from administrative agency, or as provided in statute. (I.R.C.P. 84(b)(1)) |
| Transcript | The transcriber has 14 days from the date the Petition for Judicial Review is filed. (I.R.C.P. 84(g)(1)(C)) |
| Record | The agency clerk has 14 days from the date the Petition for Judicial Review is filed (I.R.C.P. 84(f)(3)) |
| Objections to the Transcript and Record | 14 days from date Notice of Lodging of Transcript and Record is mailed by the agency, otherwise the Transcript and Record will be considered settled (I.R.C.P. 84(j)) |
| Filing of Transcript and Record with District Court | The agency has 42 days from date the Petition for Judicial Review is served unless otherwise provided by statute or district court order. (I.R.C.P. 84(k)) |
| Augmentation of Transcript or Record | 21 days from date settled Transcript and Record are filed with district court (I.R.C.P. 84(l)) |
| Cross-Petition | 14 days from service of the Petition for Judicial Review or within time for initial petition for judicial review (whichever is later), or as provided in statute (I.R.C.P. 84(b)(2)) |
| Petitioner’s Brief | 35 days from date Transcript and Record are filed with district court (I.R.C.P. 84(p); I.A.R. 34) |
| Respondent’s Brief or Cross-Appellant’s Brief | 28 days from date Appellant’s Brief is served (I.R.C.P. 84(p); I.A.R. 34) |
| Cross-Respondent’s Brief | 28 days from date Cross-Appellant’s Brief is served (I.R.C.P. 84(p); I.A.R. 34) |
| Reply Brief | 21 days from date any Respondent’s Brief is served (I.R.C.P. 84(p); I.A.R. 34) |
EXPEDITED APPEALS OF CUSTODY CASES TO THE SUPREME COURT (I.A.R. 11.1)
| Document/Procedure | Deadline |
|---|---|
| Notice of Appeal | 14 days from file-stamp date of judgment granting or denying a petition for termination of parental rights or order granting or denying petition for adoption (I.A.R. 12.2(a)(1)) 14 days from date of issuance of order granting motion for permissive appeal of judgment or order involving custody of a minor, Child Protective Act proceeding, or a judgment or order made after judgment in a guardianship proceeding arising under Title 15, Chapter 5 of the Idaho Code. (I.A.R. 12.2(a)(2), I.A.R. 11.1) |
| Reporter’s Transcript | The transcript shall be prepared and ready for service within 21 days from the date of the filing of the Notice of Appeal (I.A.R. 12.2(c)) |
| Clerk’s Record | The district court clerk has 21 days from date Notice of Appeal is filed to prepare the Clerk’s Record for service. (I.A.R. 12.2(b)) |
| Augmentation of Transcript or Record | Any time after Transcript and Record are filed, but before the issuance of the Opinion. (I.A.R. 30) |
| Appellant’s Brief | 21 days from date Transcript and Record are filed with Supreme Court (I.A.R. 12.2(d)) |
| Respondent’s Brief or Respondent’s Brief and Cross-Appellant’s Brief | 21 days from date Appellant’s Brief is served (I.A.R. 12.2(d)) |
| Reply Brief and Cross-Respondent’s Brief | 14 days from date any Respondent’s Brief and Cross-Appellant’s Brief is served (I.A.R. 12.2(d)) |
| Reply Brief (no Cross-Appellant’s Brief) | 7 days from date any Respondent’s Brief is served (I.A.R. 12.2(d)) |
| Oral Argument | If requested, the Supreme Court must hold oral argument within 120 days from date Notice of Appeal is filed (I.A.R. 12.2(f)) |
APPEALS FROM THE DISTRICT COURTS/AGENCIES TO THE SUPREME COURT
| Document | Deadline (I.A.R.) |
|---|---|
| Notice of Appeal | 42 days from date of the file-stamp on the judgment, order or decree of district court or administrative agency + up to 180 days if district court retains jurisdiction (I.A.R. 14) |
| Reporter’s Transcript | The court reporter has 30 days from date the reporter is notified by the Supreme Court of the requested transcript, if transcript is estimated to be under 100 pages in length (I.A.R. 24(e)) The court reporter has 63 days if transcript is estimated to be more than 100 pages but less than 500 pages in length |
| Clerk’s Record | The clerk of the district court or administrative agency has 28 days from date Notice of Appeal is filed to prepare the clerk’s or agency record and have it ready for service. (I.A.R. 27(d)) |
| Request for Additional Transcript or Record | 14 days from date Notice of Appeal is filed (I.A.R. 19(c)) |
| Objections to the Transcript or to the Record | 28 days from date Transcript and Record are served by the district court clerk, or else Transcript and Record will be considered settled (I.A.R. 29(a)) |
| Filing of Transcript and Record with Supreme Court | The district court clerk has 7 days from date the Transcript and Record are settled (I.A.R. 29(b)) |
| Motion for Involuntary Dismissal for Failure to Comply With the I.A.R. | 21 days before oral argument on the merits (I.A.R. 32(a)) |
| Appellant’s Brief | 35 days from date that Transcript and Record are filed with Supreme Court (I.A.R. 34(c)) |
| Respondent’s Brief or Cross-Appellant’s Brief | 28 days from date Appellant’s Brief is served (I.A.R. 34(c)) |
| Cross-Respondent’s Brief | 28 days from date Cross-Appellant’s Brief is served (I.A.R. 34(c)) |
| Reply Brief | 21 days from date any Respondent’s Brief is served (I.A.R. 34(c)) |
| Motion for Extension of Time to File Brief | Due date of brief (I.A.R. 34(d)) |
| Petition for Rehearing by the Court of Appeals or Supreme Court | 21 days from date Court’s opinion is filed (I.A.R. 42(a); I.A.R. 116) |
| Brief on the Petition for Rehearing | 14 days from date Petition is filed (I.A.R. 42(b)) |
| Petition for Review by the Supreme Court | 21 days from date Court of Appeals opinion or order is announced or after the announcement of an order denying rehearing. (I.A.R. 118(a)) |
| Brief in Support of the Petition for Review | 14 days after Petition for Review is filed (I.A.R. 118(a)) |