Chapter 1 APPEALS IN GENERAL
Sec.
§ 13-101 — 13-103. Judgments and orders appealable — Vacation of ex parte orders — Who may appeal. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
These sections, which comprised C.C.P. 1881,§§ 639-641; R.S., R.C., & C.L.,§§ 4800-4802; C.S.,§§ 7149-7151; I.C.A.,§§ 11-101 — 11-103, were repealed by S.L. 1977, ch. 170, § 4. For present law, see Idaho Appellate Rules.
Chapter 2 APPEALS TO SUPREME COURT FROM DISTRICT COURTS
Sec.
§ 13-201. Civil judgments and orders appealable — Time for taking appeals.
An appeal may be taken to the supreme court from a district court in any civil action by such parties from such orders and judgments, and within such times and in such manner as prescribed by rule of the supreme court.
History.
I.C.,§ 13-201, as added by 1977, ch. 170, § 6, p. 436.
STATUTORY NOTES
Cross References.
Appeal, election contest judgment,§ 34-2025.
Appeal from order of board of county commissioners,§ 31-1506.
Appeal from judgment on water power permit,§ 42-203A.
Appeal, judgment of removal of civil officer,§ 19-4113.
Appeals in criminal proceedings,§ 19-2801 et seq.
Appellate jurisdiction confined to final decisions,§ 1-204.
County reclamation projects, appeals,§ 42-2805.
Costs on appeal, Idaho App. R. 40.
Disposition of appeals to supreme court,§ 1-205.
Drainage districts, appeal from judgment assessing damages against, to be taken within thirty days from judgment,§ 42-2924.
Fee of clerk of district court for comparing and certifying printed transcript on appeal,§ 31-3201.
Fee of clerk of supreme court for filing petition for rehearing,§ 1-402.
Garnishment proceedings, appeals in,§ 8-522.
Tax matters, appeal,§ 63-3801 et seq.
When judgment deemed entered, Idaho R. Civ. P. 58(a).
Prior Laws.
Former§ 13-201 which comprised C.C.P. 1881, § 642; R.S., § 4807; am. 1895, p. 142, § 1; reen. 1899, p. 273, § 1; reen. R.C., § 4807; am. 1911, ch. 111, p. 367; am. 1915, ch. 80, § 1, p. 193; reen. C.L., § 4807; C.S., § 7152; I.C.A.,§ 11-201; am. 1957, ch. 105, § 1, p. 183 regarding judgment and rules appealable was repealed by S.L. 1977, ch. 170, § 5. See Idaho App. R. 1 et seq.
CASE NOTES
Appeal from Partial Judgment.
Where the court’s decision on a motion for partial summary judgment did not amount to an adjudication of defendant’s liability even though the court might ordinarily have to rule on the propositions involved after trial in reaching its ultimate conclusion of liability or nonliability, the decision did not serve as a final partial summary judgment such as is appealable to the Supreme Court. Twin Falls County v. Knievel, 98 Idaho 321, 563 P.2d 45 (1977).
Appealable Orders and Judgments.
An appeal may be taken from a judgment of contempt. Whittle v. Seehusen, 113 Idaho 852, 748 P.2d 1382 (Ct. App. 1987).
Nonappealable Orders and Judgments.
An order quashing service of summons is not an appealable order under this section. Silver Sage Ranch, Inc. v. Lawson, 98 Idaho 707, 571 P.2d 768 (1977).
Where in a declaratory judgment action brought by a fire insurer, the district court entered a partial summary judgment in favor of the insured, but the partial summary judgment fell short of fully adjudicating even one claim for relief requested under the insured’s counterclaim, the partial summary judgment was an interlocutory and nonappealable order. Glacier Gen. Assurance Co. v. Hisaw, 103 Idaho 605, 651 P.2d 539 (1982).
Time for Taking Appeal.
Where wife of counsel stated that she mailed a copy of the notice of appeal to opposing counsel 58 days after entry of the order appealed from, notice of appeal was timely served. Sines v. Blaser, 98 Idaho 435, 566 P.2d 758 (1977).
Cited
Thompson v. Turner, 98 Idaho 110, 558 P.2d 1071 (1977); Stockwell v. State, 98 Idaho 797, 573 P.2d 116 (1977); Compton v. Compton, 101 Idaho 328, 612 P.2d 1175 (1980); Spencer v. Idaho First Nat’l Bank, 106 Idaho 316, 678 P.2d 108 (Ct. App. 1984); Reeves v. Reynolds, 112 Idaho 574, 733 P.2d 795 (Ct. App. 1987); Harper v. Harper, 122 Idaho 535, 835 P.2d 1346 (Ct. App. 1992).
RESEARCH REFERENCES
Am. Jur. 2d.
C.J.S.
§ 13-202. Stay of proceedings pending appeal.
- Upon and after an appeal of a judgment or order of the district court in a civil action, the judgment or order appealed from, or any other order or proceeding in the action may be stayed by the district court or the supreme court as provided by rule of the supreme court.
- If a plaintiff in a civil action obtains a judgment for punitive damages, the supersedeas bond or cash deposit requirements shall be waived as to that portion of the punitive damages that exceeds one million dollars ($1,000,000) if the party or parties found liable seek a stay of enforcement of the judgment during the appeal.
- If the plaintiff proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond or cash deposit requirement has been waived, is purposefully dissipating its assets or diverting assets outside the jurisdiction of the United States courts, waiver may be rescinded and the bond or cash deposit requirements may be reinstated for the full amount of the judgment.
- The supersedeas bond or cash deposit requirements may also be waived in any action for good cause shown as provided by rule of the supreme court.
History.
I.C.,§ 13-202, as added by 1977, ch. 170, § 7, p. 436; am. 2003, ch. 122, § 4, p. 370.
STATUTORY NOTES
Cross References.
Stay during appeal, Idaho R. Civ. P. 83(i).
Stay pending appeal, Idaho App. R. 13.
Undertaking not required of state, state officer, county or city,§ 12-615, Idaho R. Civ. P. Rule 62(e).
Prior Laws.
Former§ 13-202 which comprised C.C.P. 1881, § 643; R.S., R.C., & C.L., § 4808; C.S., § 7153; I.C.A.,§ 11-202; am. 1943, ch. 21, § 1, p. 49 regarding mode of taking an appeal was repealed by S.L. 1977, ch. 170, § 5. See Idaho App. R. 13.
Compiler’s Notes.
Section 5 of S.L. 2003, ch. 152 provides: “SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.”
Section 6 of S.L. 2003, ch. 122 provided: “This act shall be in full force and effect on and after July 1, 2003. Sections 1 through 3 of this act shall apply to all causes of action which accrue thereafter. Section 4 of this act shall apply to all cases in which an appeal is filed thereafter.” CASE NOTES
Reversal of Final Nonseverable Judgment.
Where a part of a final nonseverable judgment is reversed, a final judgment is thereafter not present, leaving a trial judge positioned so that he can modify any prior orders or partial judgments that have been previously entered, assuming nonapplication of the doctrine of law of the case. Hutchins v. State, 100 Idaho 661, 603 P.2d 995 (1979).
Timely Service of Notice.
Where the wife of counsel stated that she mailed a copy of the notice of appeal to opposing counsel 58 days after entry of the order appealed from, such notice was timely served as required by this section. Sines v. Blaser, 98 Idaho 435, 566 P.2d 758 (1977).
§ 13-203. Record on appeal.
The clerk’s record and reporter’s transcript in an appeal of a civil action to the supreme court shall contain such portions and documents of the proceedings in the district court, and be prepared, processed and transmitted to the supreme court as provided by rule of the supreme court.
History.
I.C.,§ 13-203, as added by 1977, ch. 170, § 8, p. 436.
STATUTORY NOTES
Cross References.
Record, Idaho App. R. 24 to 31.
CASE NOTES
Cited
Indian Springs LLC v. Indian Springs Land Inv., LLC, 147 Idaho 737, 215 P.3d 457 (2009).
RESEARCH REFERENCES
Am. Jur. 2d.
C.J.S.
§ 13-204 — 13-222. Mode of taking appeal — Undertaking on appeal — Stay of proceedings — Procuring transcript — Failure to furnish papers — Effect of dismissal — Certificate of clerk — Failure to perfect appeal. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
These sections, which comprised C.C.P. 1881,§§ 645-661; R.S.,§§ 4810-4826; 1907, p. 483, § 1; R.C.,§§ 4810-4820, 4821-4826; R.C., § 4820A, as added by 1911, ch. 117, § 2, p. 375; 1911, ch. 117, § 1, p. 375; C.L.,§§ 4810-4826; 1919, ch. 143, § 1, p. 437; C.S.,§§ 7155-7172; 1921, ch. 41, § 1, p. 50; I.C.A.,§§ 11-204 — 11-221; I.C.A., § 221A, as added by 1943, ch. 89, § 1, p. 179; 1941, ch. 56, § 1, p. 115; 1949, ch. 84, § 1, p. 147; 1957, ch. 242, § 2, p. 602, were repealed by S.L. 1977, ch. 170, § 5. See Idaho App. R. 1 et seq.