How to Appeal a Court’s Decision in Idaho?
Once the final ruling of your case has been recorded, you may safely file an appeal of the decision. You have up to forty-two days following the final ruling to file your appeal.
Notice of Appeal
The fee for filing a notice of appeal in Idaho is $86. This document lists you as the appellant, all contact information for each party involved (including attorneys), the final judgment you are appealing and the issue you have with the ruling and a request for the court case transcripts. You can file your notice of appeal in person to the Clerk of the district court where the trial was held. It is your responsibility to serve upon the opposing counsel or another party the appeal documentation. This transaction is recorded in the Certificate of Service which must accompany the notice of appeal.
As the appellant, you must file your initial brief within thirty-five days of the notice of appeal being recorded. Then the appellee has twenty-eight days with which to respond with their brief. Then you are given another twenty-one days to reply with a final brief if you wish. In some cases, you will not have the opportunity to present an oral argument, so your brief is essential. Be sure to include all the facts of the case, cite references to case documents and precedent cases to support your argument that errors were made. Your brief should also include a conclusion and a request to the courts that the verdict is overturned or changed.
You are given the option to present your oral argument to the court which accompanies your brief and acts as more evidence for the judges to review. You have only thirty minutes to present your argument, so be concise.
It takes the judges about six months to review all the documents and come to a final decision. After the announcement of the final decision, all parties involved will receive a written notice of the final ruling by certified mail within 21 days.