Frequently Asked Questions
An appeal is a request for an appellate court to review a lower court's decision to determine if legal errors were made that require a remedy.
Generally, any party to a case who believes the final judgment was reached in error may file an appeal to a higher court. There are specific timelines and procedures that must be followed.
The Idaho Appellate Rules are available on this website under Rules & Procedures. They govern the process for appeals in the Idaho Supreme Court and Idaho Court of Appeals.
Idaho has two appellate courts: the Idaho Supreme Court (five justices) and the Idaho Court of Appeals (four judges). The Supreme Court is the court of last resort.
The appellate courts do not appoint attorneys in civil cases. In criminal cases, if you are indigent, the State Appellate Public Defender may be appointed to represent you on appeal.
Filing fees for appeals in civil cases are $129.00. Criminal appeals, habeas corpus petitions, and post-conviction relief petitions have no filing fee. Fee waivers may be available for those who qualify.
You should file a Notice of Appeal with the trial court within 42 days of the judgment, order, or decree you wish to appeal. Review the Idaho Appellate Rules for specific requirements.
A Notice of Appeal is the document filed in the trial court that starts the appeal process. It must be filed within the applicable time period set by the Idaho Appellate Rules.
Documents may be filed electronically through the iCourt e-filing system. Some documents may also be filed by mail or in person at the courthouse.
A Notice of Appeal must be filed within 42 days from the filing of the judgment, order, or decree from which the appeal is taken. In some cases, shorter timelines apply.