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SID bounded rule-pinpoint clarification →Fresh public-source access date: October 28, 2026, America/Los_Angeles.
Scope: Appellate cost taxation, substantive attorney-fee sources, requests and objections, amount-setting, necessary sanction-award provisions, and postdecision cost/fee handling.
The official current-published appellate, civil, and electronic-filing rules were recovered and read to the bounds recorded below.
A material original source was also recovered: the Idaho Supreme Court’s April 28, 2022 adopted order, publicly hosted by the Idaho State Bar. The relevant pages were visually inspected. That order expressly removed the former brief-production cost category and made the amendments effective immediately.
The attempted official statutory bodies were inaccessible. Statutory findings therefore remain provisional readings of the identified 2025 reproductions. The 2017 amendment to § 12-121 was examined in an introduced legislative mirror with reported enactment history; its final official act was not recovered.
No actual cost, fee, contract, invoice, litigation conduct, prevailing party, award, or financial input was examined. Earlier findings, provenance, C033/C035, and all other holds remain unchanged.
Appellate costs, substantive fee entitlement, the amount of fees, and sanctions are separate legal questions. IAR 41 supplies the procedure for a claimed legal right to fees; it does not make every prevailing party entitled to attorney fees. [C013–C016.] Idaho Supreme Court
The former $6-per-page brief-production category was deleted by the adopted April 28, 2022 order. The current list should not be supplemented with that historical allowance. At the same time, Rule 40 retains an unresolved reference to the separately repealed Rule 26.1 disk provision. [C007–C008.] Idaho State Bar+2
The ordinary statutory fee branches use different conditions. Section 12-120’s pleaded-amount branch uses $35,000, while § 12-117(7)’s public-actor cross-reference still uses $25,000 in the recovered text. Neither threshold is silently changed to match the other. [C017–C023.] Justia Law+1
Unresolved cost or fee amounts do not necessarily delay remittitur. The rules provide for later itemized statements or amendments to be forwarded and added to the lower judgment or order. [C040–C041.] Idaho Supreme Court+2
Evidence labels:
| Earlier material | Retained scope | New P30 evidence | Remaining boundary |
|---|---|---|---|
| Reviewed P27 follow-on record | Complete appellate costs, fees, objections, and security interaction remained open. | IAR 40–41 and necessary related provisions read independently. | No gateway, notice, or stay report regenerated. |
| P27 LIMITED-01 | Rule 32’s 2022 effectiveness differs from Rule 46’s; Rule 46’s seven-day objection runs from motion service. | Fresh complete Rule 46 read; the 2022 original order also recovered for its Rule 46 amendment. | Prior raw report and correction provenance remain unchanged. |
| P28 record material | Initial deposits, record preparation, and augmentation were separate from later awards. | Only necessary cost-category and excessive-record provisions read. | No unreviewed record-merits premise. |
| P29 briefing material | First-brief fee claim and signing provisions were narrow interfaces. | Complete IAR 41 and necessary fee-claim, objection, sanction, and amount provisions read. | No full briefing or argument rerun. |
| P25 trial-cost and post-trial material | Narrow reviewed interfaces retained within their scope. | Rule 54 reread only for relevant prevailing-party, civil fee, amount, and procedural comparisons. | Trial witness/deposition/exhibit cost schedules are not transplanted into appellate taxation. |
| C033/C035 and other holds | Unchanged. | No provider-access, licensing, or checklist investigation. | No implied closure. |
| Route or actor | Supported role | Important limit |
|---|---|---|
| Ordinary magistrate-to-district appeal | Rule 83(f)(1) addresses appellate treatment; Rule 83(q) supplies IRCP/IAR procedure where unspecified; motions under Rule 83(n) go to the district court unless expressly required below. | Rule 83 does not print a standalone, comprehensive cost-taxation paragraph selecting every deadline and trigger for every district-appellate fee disposition. |
| District-original or district-appellate decision on higher appeal | IAR 40–41 supply the higher appellate cost/fee procedure. | Substantive entitlement still needs a statute, lawful contract, or other applicable authority. |
| Court of Appeals | IAR 101 applies the appellate rules; IAR 110 preserves filing through the Supreme Court clerk. | Court assignment is not a new fee source. |
| Appellate court | Determines cost allocation, claimed fee entitlement, objections, and fee amount or remand for amount. | An applicant’s computation does not bind the court. |
| Supreme Court clerk | Receives the required papers, prepares the itemized taxed-cost statement, and inserts or later transmits the award as the rules direct. | Ministerial inclusion does not replace a judicial entitlement decision. |
| District court or agency on an authorized amount remand | Hears additional evidence and determines amount within the remand. | Not authority to reopen unrelated appellate merits. |
| Receiving lower court | Receives the remittitur or later statement for the prescribed judgment/order treatment. | Full enforcement, lien, interest, and satisfaction law remains separate. |
[C002.] Small-claims de novo procedure, criminal and post-conviction proceedings, family/juvenile/probate matters, agencies, extraordinary writs, and special statutory or federal regimes are not treated as interchangeable ordinary civil fee routes. Idaho Supreme Court+3
The read Rule 83 text incorporates appellate treatment and permits IRCP or IAR procedure where unspecified. It does not expressly resolve every interaction between:
The two frameworks are identified below without inventing one universal substituted trigger. No document should be assumed filed in the Supreme Court merely because IAR 40 is relevant to a district appellate proceeding. [C012.] Idaho Supreme Court+2
| Authority | Rule supplied | Qualification |
|---|---|---|
| IAR 40(a) | Costs ordinarily follow the prevailing party. | Law or court order may provide otherwise; the rule expressly excludes the listed post-conviction, parental-rights-termination, and adoption appeals from that default. |
| § 12-107 | Costs are discretionary when a new trial is ordered or judgment modified. In other cases its prevailing-party rule includes the stated costs-below branch for an appeal to district court. | Provisional statutory text; no automatic classification of every reversal or remand. |
| Rule 54(d)(1)(B) | Where this civil-rule standard governs, the court compares the result with relief sought and may find partial success and allocate costs equitably. | It does not supply a mathematical score or per-issue formula. |
| Rule 54(d)(2) | Multiple prevailing parties ordinarily each receive costs unless otherwise directed. | Not automatic duplication of the same expense. |
| IAR 40 | No standalone arithmetic rule for cross-appeals, mixed dispositions, or partial success. | A favorable ruling does not itself settle ultimate prevailing status. |
[C003–C004.] No party, claim, disposition, or cost allocation was evaluated. Idaho Supreme Court+2
IAR 32(b) permits an appealing party to move for dismissal before an opinion issues. The court may tax costs and attorney fees as though the nonappealing party prevailed. That language is discretionary and is not treated here as an independent substantive attorney-fee statute.
IAR 33 requires a stipulated dismissal to include an agreement about costs and fees. A stipulation signed by some but not all parties is processed as a Rule 32 motion. Neither provision establishes a particular agreement’s validity or an actual award. [C005.] Idaho Supreme Court+1
| Category | Current rule | Conditions and unresolved boundaries |
|---|---|---|
| Filing fees | Listed in Rule 40(b)(1). | A permitted category is not proof of an actual recoverable expenditure. |
| Reporter’s transcript | Listed in Rule 40(b)(2). | Initial preparation deposits and later taxation are different. |
| Specified computer-searchable disks | The current sentence still refers to disks filed under Rule 26.1(c), while excluding other disks. | Rule 26.1 is officially marked repealed effective January 24, 2019. Current electronic-copy cost treatment cannot be reconstructed by silently applying its old charges. |
| Clerk’s or agency’s record | Listed in Rule 40(b)(3). | Agency merits are excluded; an initial estimate is not a final taxed amount. |
| Supersedeas-bond premium | Listed in Rule 40(b)(4). | Exception when the party taxed agreed in writing, within seven days of notice-of-appeal filing, not to execute pending appeal as provided in Rule 16(b). |
| Brief reproduction | No longer an enumerated category. | The adopted 2022 order deleted the former $6-per-page provision. |
| Private copies, travel, postage, other expenses | Not independently listed in the current Rule 40 categories read. | The opening “unless otherwise ordered” language and other law prevent a categorical conclusion that such an item can never be allowed. No separate permission was established. |
[C006–C009.] The trial-cost list in Rule 54(d)(1)(C) is not automatically added to this appellate list. Idaho Supreme Court+2
The recovered order strikes the former provision for production of specified original appellate briefs and rehearing/review briefs, including covers but excluding appendices and copies, at $6 per page. The order is dated April 28, 2022 and states immediate effectiveness.
The historical allowance is recorded only to explain the deletion. It is not a current reimbursement formula. The order does not supply a complete case-specific transition analysis for expenses incurred before its effective date. [C007, C044.] Idaho State Bar+1
| Act | Required content/event | Consequence or limit |
|---|---|---|
| Cost memorandum | File with the Court and serve all adverse parties; itemize each expense. | No actual item or amount supplied. |
| Period | Within fourteen days of filing and announcement of the appellate opinion. | Applies whether or not rehearing or review is sought. |
| Mailing | Memorandum mailed to the Court is deemed filed on mailing. | Electronic rules govern within their scope. |
| Untimely memorandum | Rule 40 expressly states waiver of the right to costs. | Any requested enlargement or relief requires its own authority; no automatic revival. |
| Objection | File and serve adverse party no later than fourteen days after service of the memorandum, identifying challenged items and reasons. | The court hears and determines the objection. |
| Mailed objection | Deemed filed on mailing under Rule 40(d). | Not a universal filing rule for every appellate paper. |
| Copies | Original only; no additional court copies required. | Service obligations remain. |
[C010–C011.] Rule 40(d) does not repeat Rule 54(d)(5)’s express sentence deeming all objections waived if not timely made. That civil-rule sentence is not silently inserted into the appellate rule. Untimeliness may still have consequences under the applicable rules and judicial construction. Idaho Supreme Court
IAR 38(a) identifies opinion filing as announcement for its purpose. A mailed copy or later actual receipt is not automatically substituted for the Rule 40 event. Idaho Supreme Court
| Subject | Civil-rule provision | Why kept separate |
|---|---|---|
| Cost memorandum | After verdict/decision, but no later than fourteen days after judgment entry; premature memorandum is timely. | Different trigger from appellate opinion filing/announcement. |
| Verification | States correctness and compliance to the party’s best knowledge and belief. | IAR 40 instead expressly requires itemization; its text does not reproduce this verification sentence. |
| Objection | Motion to disallow within fourteen days of service, filed and served. | Express objection-waiver language appears here. |
| Effect on execution | Motion does not stay execution of judgment exclusive of costs. | Not a universal statement about every appellate motion or stay. |
| Settlement | Court enters an order fixing costs after hearing or expiration of objection time. | Distinct from clerk insertion into a higher appellate remittitur. |
| Fees | Affidavit, same cost-processing route, possible evidentiary hearing, amount order. | Applicable statute or contract may provide otherwise. |
[C012, C028.] No universal selection between these procedures for every district-appellate or remanded fee issue is made without the applicable direction and construction. Idaho Supreme Court
IAR 41 requires the court to determine whether a claimed legal right exists. The relevant statutory or lawful contractual source must independently apply. Merely prevailing, requesting fees in a brief, or supplying an affidavit does not establish that source.
Rule 54(e)(1) likewise recognizes reasonable prevailing-party fees when provided by statute or contract. No private contract was retrieved, drafted, or assumed enforceable. [C013–C014, C025.] Idaho Supreme Court+1
The following statutory readings are provisional. They identify possible source conditions, not an actual award or a universal rule for every appeal involving debt.
| Branch | Complete material conditions | Boundary |
|---|---|---|
| (1): amount pleaded | Except subsections (3) and (4), amount pleaded $35,000 or less; prevailing party receives court-fixed reasonable fees as costs. | Pleaded amount is not necessarily amount recovered. |
| Plaintiff’s prosecution under (1) | Written payment demand at least ten days before commencement. | Not a demand rule for every other fee source. |
| Tender exception | No plaintiff fee if court finds precommencement tender at least 95% of the amount awarded. | No tender or award evaluated. |
| (2): counterclaim/crossclaim/third-party claim | Subsection (1) applies to the stated later claims. | The express ten-day-demand exception is for a counterclaim; not silently extended to every listed claim. |
| (3): enumerated obligations | Open account, account stated, note, bill, negotiable instrument, guaranty, goods/wares/merchandise/services contract, and the specified commercial-transaction category, unless law provides otherwise. | Actual classification and competing substantive restrictions remain necessary. |
| Commercial transaction | Excludes transactions for personal or household purposes. | This definition does not by itself delete the separately enumerated account/instrument/contract branches. |
| Party definition | Includes the listed private and governmental categories. | No actual status determined. |
| (4): personal injury | Separate branch with its own demand, statement, tender, and waiver conditions. | Read but excluded; its periods and percentages are not ordinary-debt rules. |
| (5): postjudgment collection | Reasonable collection fees/costs when entitled under (1)–(4), following memorandum, notice, and hearing. | An appeal is not automatically “collection” merely because it occurs after judgment. |
| (6): small-claims collection | Separate fee measure, factors and cap. | Its principal-value cap and percentage-arrangement restriction are not imported into ordinary appellate awards. |
[C017–C020.] The statute does not establish that every alleged consumer obligation fits a listed branch or that every contractual charge is enforceable. Consumer-credit, instrument, contract, and sector-specific restrictions remain separate. Justia Law
The reproduced statute permits reasonable attorney fees to a prevailing party upon the stated finding that the action was brought, pursued, or defended frivolously, unreasonably, or without foundation. It preserves statutes otherwise authorizing fees and defines parties to include the stated private and governmental actors.
Rule 54(e)(2), where applicable, requires a written finding with the basis and reasons and bars a § 12-121 award on default judgment. That default restriction is a scope boundary, not a default-procedure rerun. [C021.] Justia Law+1
Losing does not itself establish the statutory predicate. “Bad faith” is not substituted as the only possible predicate, and no actual conduct is labeled frivolous.
The read H0097 introduced text:
Reported history identifies 2017 chapter 47, effective March 1, 2017; Rule 54(e)(2) also identifies that date. The final official act was inaccessible. No retroactive effect or historical entitlement is inferred from the mirror. [C045.] LegiScan+2
| Branch | Conditions and allocation |
|---|---|
| (1) | Unless another statute provides otherwise, adverse state-agency/political-subdivision and private-person categories; proceeding includes appeal; mandatory reasonable fees, witness fees, and expenses when the nonprevailing party acted without a reasonable factual or legal basis. |
| (2) | Partial success with that finding as to the relevant portion; award tied to the portion on which the party prevailed. |
| (3) | Payment from the regular operating budget; insufficiency invokes separate statutory claims routes. |
| (4) | Governmental entity versus governmental entity in a civil judicial proceeding; its own prevailing-party fee/expense provision. The subsection does not repeat subsection (1)’s no-reasonable-basis condition. |
| (5) | Licensing-authority/licensee administrative branch, with a branch-specific prevailing definition and other protections. Excluded from this ordinary debt component. |
| (6) | Definitions of person, political subdivision, proceeding, state agency, and the special licensing roles. |
| (7) | If a person’s pleaded amount is $25,000 or less, the person must satisfy § 12-120 as well as § 12-117. |
[C022–C023.] The $25,000 cross-reference is preserved even though § 12-120(1) uses $35,000. Neither source was rewritten to match the other. Justia Law
The incorporated § 67-5201(4) agency definition was read with its exclusions, including the legislative/judicial branches, the stated constitutional-officer functions, militia, and Board of Correction. The constitutional-role and other embedded scope questions remain held. The § 12-117 budget-insufficiency incorporations—§ 67-2018 and title 6, chapter 9—were not completed. Justia Law
Sections 12-118 and 12-119 describe payment from the specified treasury when costs have been awarded. They are not independent proof of an entitlement or a blanket waiver of immunity. Justia Law+1
Section 31-3220(8) permits an attorney-fee and cost judgment at the action’s conclusion as in other cases. Thus, a qualifying initial fee waiver is not by itself immunity from adverse costs or fees. The statutory public-fund recovery and later-repayment qualifications remain separate. [C024.] Justia Law
No universal nonwaiver rule, reciprocal-contract term, enforceable fee clause, or substantive consumer exception was established without its own authority. Procedural waiver, permitted later claims, contract enforceability, and substantive nonwaiver are distinct. [C025.]
| Stage | Required or permitted act | Actor and consequence |
|---|---|---|
| Assert legal right | Fee claim as an issue in the party’s first appellate brief, with the basis under Rule 35(a)(5) or (b)(5). | Court may permit a later claim on appropriate conditions. |
| Entitlement argument | May be addressed at the appeal’s oral argument. | Does not guarantee oral argument or entitlement. |
| Decision on right | Appellate decision determines the claimed right. | Does not contain the amount under Rule 41(c). |
| Amount claim after entitlement | Filed concurrently with, or as part of, the Rule 40 cost memorandum. | Affidavit must state the computation method. |
| Paralegal fees | May be included at the court’s discretion. | Not automatically allowed or excluded. |
| Automated legal research | Reasonable cost may be included if found reasonably necessary. | A charge label is not proof of reasonableness or necessity. |
| Opposition to amount | Same manner as Rule 40 cost objections. | Entitlement and amount objections must not be confused. |
| Amount decision | Court fixes amount or remands for additional evidence and determination. | No automatic evidentiary hearing for every claim. |
| Final inclusion | Clerk inserts amount in remittitur using Rule 40(f)’s mechanism. | Later determination is accommodated. |
[C013–C016.] No affidavit, itemization, hourly rate, time entry, fee request, or award was produced. Idaho Supreme Court
The plain Rule 41 procedure requires a computation-method affidavit; it does not itself print a universal lodestar formula, multiplier, percentage of recovery, or exhaustive invoice checklist.
Where Rule 54(e)(3) governs, the court must consider the following twelve factors. IAR 41 does not expressly state that this list is mechanically incorporated into every Supreme Court determination; the proper appellate/remand relationship remains a necessary legal question rather than an assumed federal standard.
| Subdivision | Factor |
|---|---|
| A | Time and labor required |
| B | Novelty and difficulty |
| C | Requisite skill, and attorney experience/ability in the relevant field |
| D | Prevailing charges for like work |
| E | Fixed or contingent nature |
| F | Time limitations imposed by client or circumstances |
| G | Amount involved and results obtained |
| H | Undesirability |
| I | Nature and length of professional relationship |
| J | Awards in similar cases |
| K | Reasonable automated-research cost, if reasonably necessary |
| L | Other factor deemed appropriate |
[C026.] No market rate, comparable case, client relationship, service, or factual input was investigated. Idaho Supreme Court
| Question | Supported distinction |
|---|---|
| Claimed hours/rate or other method | A method stated in an affidavit is an assertion, not conclusive proof. |
| Multiple claims or parties | Statutory portion-specific rules, prevailing-party analysis, court directions, and actual work attribution matter. |
| Contractual amount | A private fee agreement does not automatically fix the judicial award. Rule 54(e)(7) says the judicial allowance does not determine attorney-client fees. |
| Percentage/multiplier | No universal ordinary-appellate percentage cap, enhancement, or multiplier was authenticated. The small-claims collection provision is not transferred. |
| Duplicated work or overlapping theories | No duplicate recovery is approved. The source, causal work, and proper allocation require determination; no universal mathematical rule is invented. |
| Fees incurred establishing a fee amount | No categorical recovery or exclusion was established from the read generic provisions alone. |
| Attorney fees as “costs” | Does not remove the separate substantive-entitlement requirement. |
| Reversal or remand | Does not alone settle final prevailing status, the compensable work period, or every downstream fee issue. |
[C027.]
Under Rule 54(e)(5)–(8), where applicable, the affidavit states basis and method, objections follow the civil cost procedure, an evidentiary hearing is discretionary, and an order fixes amount. A timely amount objection requires reasons and factors in the order. Statute or contract may provide otherwise. [C028.] Idaho Supreme Court
IAR 11.2(a) requires the applicable signature and reasonable-inquiry certification concerning factual support, existing law or good-faith legal change, and proper purpose.
| Issue | Rule consequence |
|---|---|
| Predicate violation | Court, on motion or initiative, shall impose an appropriate sanction. |
| Possible targets | Signer, represented party, or both, as the rule states. |
| Possible compensatory component | Reasonable expenses incurred by another party because of the filing, including reasonable fees. |
| Causation | Expenses must have the stated connection to the offending paper. |
| Prevailing status | The text does not make ordinary prevailing-party status the universal predicate. |
| Safe harbor | No twenty-one-day safe harbor is stated in this appellate rule. |
| Referral | The separate ICAR 59 vexatious-litigant incorporation remains held. |
[C030, C034.] A mandatory appropriate response upon a proved violation is not a mandatory fee award, predetermined amount, or finding of a violation here. Full due-process and constitutional limits remain open. Idaho Supreme Court
| Source | Predicate | Authorized consequence and limit |
|---|---|---|
| IAR 19(e) | Irrelevant record/transcript material vexatiously or unreasonably increases cost. | Court may deny the excessive-cost portion and/or impose monetary sanction after notice and opportunity to respond. Unused material is not automatically irrelevant. |
| IAR 37(d) | Specified counsel nonappearance. | Court may impose penalties/sanctions, including reasonable attorney fees. Recipient, causation, amount, and process are not universally supplied by a fixed formula. |
| IAR 37(e) | Party failed to file a brief. | Restriction on oral argument; not automatic fee entitlement or merits admission. |
| IAR 21 | Failure to take a nonjurisdictional step. | Appropriate discretionary action may include dismissal; not every defect produces a fee award. |
| Rule 83(m) | Comparable district-appellate distinction. | No actual dismissal or sanction determined. |
| IAR 32(a) | Specified noncompliance dismissal motion. | Its argument-relative filing condition is not transformed into a universal sanction period for every motion or no-argument appeal. |
[C031–C034.] No record, brief, appearance, delay, or conduct was evaluated. Idaho Supreme Court+2
The complete reproduced statute was read. It defines frivolous conduct, uses a pretrial or within-twenty-one-days-after-judgment structure, requires the specified hearing and notice, allows relevant evidence, and limits an award to fees both reasonably incurred and necessitated by the conduct. Targets may be a party, counsel, or both; attorney-client fees are not determined by the award.
Those words alone do not authenticate § 12-123 as an independent source for fees incurred in an appeal. No appellate case construction was researched, and its twenty-one-day period is not substituted for IAR 40/41. [C029.] Justia Law
| Act | Filing and service relationship |
|---|---|
| Cost memorandum | Both filing and service on adverse parties; period starts with opinion filing/announcement. |
| Fee amount claim | Concurrent with or part of cost memorandum after entitlement determination. |
| Cost/fee amount objection | Filing and service; period starts with service of the memorandum/claim. |
| Higher appellate motion | IAR 32 support/service requirements; ordinarily decided without oral argument unless ordered. |
| District appellate motion | Rule 83(n) district filing, supporting brief, and fourteen-day opposition relation, subject to the applicable specific provision. |
| Civil fee affidavit alternative | IRCP 2.7 and provisional § 9-1406 identify qualifying declarations, with exclusions. Their route applicability is not assumed universally. |
| Proof of service | Separate from the entitlement affidavit or computational support. |
[C035.] No affidavit form, declaration, certificate, or proof of service was prepared. Idaho Supreme Court+1
The necessary electronic rules were read afresh. Their scope and exceptions must be satisfied before applying their mechanics.
| Event | Rule-based condition |
|---|---|
| Filing | Submission and acknowledged acceptance, read with timestamp and relation-back provisions. |
| Filing day | Court-local time; not automatically America/Los_Angeles for every court. |
| Accepted filing | Rule 12’s receipt-timestamp relation, including the error-queue qualification. |
| Rejected filing | Three-business-day corrected-resubmission/request branch, excluding legal holidays and retaining the next-judicial-day qualification. |
| Technical receipt failure | Seven-business-day resubmission branch plus satisfactory proof; not merely an asserted technical problem. |
| Service | Designated system transmission under Rule 17, not a courtesy copy. |
| After-5-p.m. party electronic service | One-day additional-time provision within its scope. |
| Court service | Rule 18’s separate registered-user/conventional-service requirements. |
| Signature | Electronic and other-signer conditions are distinct; no signature specimen reproduced. |
[C036–C037.] No system, account, service contact, failed filing, correction, or actual timestamp was inspected. Idaho Supreme Court+4
IAR 22 governs its scoped periods, excluding the trigger day and providing the stated last-day weekend/nonjudicial-day treatment. The holiday statutes remain provisional. IRCP 2.2’s mail and inaccessibility provisions do not automatically add time to every appellate fee act.
The Rule 40 memorandum period is opinion-based; its objection period is service-based. No universal mail or electronic addition is applied to both. [C038.] Idaho Supreme Court+1
The resolved Rule 46 relation is retained precisely:
This provision is not automatic relief from Rule 40’s express untimely-memorandum waiver. [C039, C048.] Idaho Supreme Court+1
A computation affidavit does not authorize disclosure of privileged communications, protected identifiers, or unrelated confidential material. IREFS 15 assigns redaction responsibility and retains exceptions and protected-copy mechanisms.
Only this necessary filing boundary is relied on. Complete privilege, sealing, billing-detail discovery, and waiver law remain held. No invoice, private account, medical fact, or protected record was requested. [C047.] Idaho Supreme Court
| Event | Supported consequence | Boundary |
|---|---|---|
| Opinion filed/announced | Starts IAR 40’s cost-memorandum relation. | Rehearing/review filing does not itself postpone that obligation. |
| Right to attorney fees determined | Included in appellate decision under Rule 41(c). | Amount handled separately. |
| Amount remanded | Lower court/agency may receive evidence and fix amount as directed. | Not a merits remand beyond the order. |
| Remittitur issued before final taxation | IAR 38(d) permits issuance despite unresolved costs/fees. | No automatic hold on remittitur. |
| Costs or fee amount later determined/amended | Clerk forwards itemized statement to the lower tribunal for addition to judgment/order. | No new universal objection/reconsideration clock is created by implication. |
| Section 12-114 | Taxation before Supreme Court clerk subject to court exception/review and rule-prescribed time. | Provisional statute does not supply an extra independent deadline. |
| Court of Appeals | IAR 122/38 framework applies; granted further review has its specified remittitur consequence. | Full review/remittitur practice remains separate. |
| Trial-level costs during appeal | IAR 13(b)(9) preserves the stated lower-court function. | Trial fees are not automatically appellate fees. |
| Advance appellate fees/costs | IAR 13(b)(12) permits the specified lower-court advance, subject to final appellate determination of right and amount. | No independent substantive entitlement or actual advance. |
| Cost/fee motion and merits-appeal time | IAR 14 and Rule 83 expressly exclude the specified cost/fee motions from their timing-reset branches. | No gateway rerun or actual deadline. |
[C040–C043.] Mere filing of a fee claim is not satisfaction, collection permission, a lien, or an automatic stay. Idaho Supreme Court+3
All fresh access occurred October 28, 2026, Pacific time. Short IDs carry the prefix S_ID-P30-.
Multiple pages of one rule collection are uses of that collection, not independent corroboration.
Issuer: Idaho Supreme Court. Consolidated URL: https://isc.idaho.gov/rules-procedure/iar
| Literal HTTPS URL | Actual read bounds and use |
|---|---|
| https://isc.idaho.gov/rules-procedure/print/iar/1 | Complete scope/application provision |
| https://isc.idaho.gov/rules-procedure/print/iar/2 | Complete definitions |
| https://isc.idaho.gov/rules-procedure/print/iar/11.2 | Complete (a)–(b); ICAR 59 referral merits held |
| https://isc.idaho.gov/rules-procedure/print/iar/13 | Complete material (b) introductory clause, (b)(9), (b)(12); other stay/security merits not applied |
| https://isc.idaho.gov/rules-procedure/print/iar/14 | Complete civil timing paragraph; use confined to cost/fee-motion exclusion |
| https://isc.idaho.gov/rules-procedure/print/iar/16 | Complete; cost bond/nonexecution agreement distinguished |
| https://isc.idaho.gov/rules-procedure/print/iar/19 | Complete; substantive reliance on (e), not record-designation mechanics |
| https://isc.idaho.gov/rules-procedure/print/iar/20 | Complete filing/service provision |
| https://isc.idaho.gov/rules-procedure/print/iar/21 | Complete jurisdictional/nonjurisdictional distinction |
| https://isc.idaho.gov/rules-procedure/print/iar/22 | Complete computation clause |
| https://isc.idaho.gov/rules-procedure/print/iar/23 | Complete relevant fee-waiver/public-actor provisions; current filing amounts not adopted as taxed costs |
| https://isc.idaho.gov/rules-procedure/print/iar/26.1 | Complete historical body and repeal heading; not current disk-price authority |
| https://isc.idaho.gov/rules-procedure/print/iar/32 | Complete (a)–(f); printed certificate not reproduced |
| https://isc.idaho.gov/rules-procedure/print/iar/33 | Complete stipulated-dismissal provision |
| https://isc.idaho.gov/rules-procedure/print/iar/35 | Complete page inspected; substantive reliance on (a)(5), (b)(5), and relevant multi-party context |
| https://isc.idaho.gov/rules-procedure/print/iar/37 | Complete body inspected; reliance on (d)–(e) consequences |
| https://isc.idaho.gov/rules-procedure/print/iar/38 | Complete; reliance on announcement and unresolved-taxation/remittitur provisions |
| https://isc.idaho.gov/rules-procedure/print/iar/40 | Complete (a)–(f) |
| https://isc.idaho.gov/rules-procedure/print/iar/41 | Complete (a)–(e) |
| https://isc.idaho.gov/rules-procedure/print/iar/46 | Complete extension rule; corrected motion-service event retained |
| https://isc.idaho.gov/rules-procedure/print/iar/47 | Complete court-service provision |
| https://isc.idaho.gov/rules-procedure/print/iar/48 | Complete unspecified-practice provision |
| https://isc.idaho.gov/rules-procedure/print/iar/101 | Complete Court of Appeals scope |
| https://isc.idaho.gov/rules-procedure/print/iar/110 | Complete subsequent-filing/assignment interface |
| https://isc.idaho.gov/rules-procedure/print/iar/122 | Complete Court of Appeals remittitur provision |
| Rule | Displayed history material here |
|---|---|
| IAR baseline | March 25, 1977 adoption / July 1, 1977 effectiveness, where displayed |
| 40 | Amendments March 30, 1984/July 1, 1984; March 20, 1985/July 1, 1985; March 28, 1986/July 1, 1986; March 20, 1991/July 1, 1991; January 30, 2001/July 1, 2001; May 5, 2017/July 1, 2017; January 24, 2019/same day; April 28, 2022/same day |
| 41 | March 30, 1984/July 1, 1984; March 23, 1990/July 1, 1990; January 24, 2019/same day |
| 26.1 | Adopted March 20, 1991/July 1, 1991; page heading states repealed effective January 24, 2019 |
| 32 | Latest displayed amendment April 28, 2022, effective July 1, 2022 |
| 46 | Latest displayed amendment April 28, 2022, effective April 28, 2022 |
| 11.2 | June 15, 1987/November 1, 1987; November 20, 2012/January 1, 2013 |
| 33 | March 28, 1986/July 1, 1986; September 8, 2016/same day; May 5, 2017/July 1, 2017 |
| 13 and 23 | Current pages include 2026 amendments; only the complete selected cost/fee interfaces are relied on |
The April 2022 Rule 40/46 amendments have the additional adopted-order evidence in S006. Other original amendments were not opened. No absence-of-later-change certification is made.
Issuer: Idaho Supreme Court. Consolidated URL: https://isc.idaho.gov/rules-procedure/ircp
| Literal HTTPS URL | Actual read bounds |
|---|---|
| https://isc.idaho.gov/rules-procedure/print/ircp/1 | Complete scope/local-rule clauses |
| https://isc.idaho.gov/rules-procedure/print/ircp/2.2 | Complete computation/extension/mail provisions |
| https://isc.idaho.gov/rules-procedure/print/ircp/2.7 | Complete declaration incorporation |
| https://isc.idaho.gov/rules-procedure/print/ircp/5 | Complete relevant later-paper service, filing, and proof; initial service excluded |
| https://isc.idaho.gov/rules-procedure/print/ircp/7 | Complete motion provisions; generic hearing schedule only as necessary |
| https://isc.idaho.gov/rules-procedure/print/ircp/54 | Complete body inspected; substantive reliance on (a)’s costs/finality distinction, (d)(1)(A)–(B), (D)–(F), (d)(2)–(6), and all (e)(1)–(8). Trial cost-category dollar schedules not applied. |
| https://isc.idaho.gov/rules-procedure/print/ircp/58 | Complete entry provision, only to distinguish unresolved costs from entry |
| https://isc.idaho.gov/rules-procedure/print/ircp/83 | Complete page inspected; substantive reliance on (f)(1), (m)–(q), necessary motion-timing exclusion, and disposition interface |
Displayed baseline: March 1, 2016/July 1, 2016. Material additions: Rule 2.2—September 9, 2016/same day; Rule 54 amendments through April 28, 2021/July 1, 2021, including the April 17, 2017 nunc-pro-tunc March 1, 2017 fee amendment; Rule 83’s current page includes June 30, 2026/July 1, 2026.
Original civil-rule orders were not recovered. No full trial-cost or gateway report is claimed.
Issuer: Idaho Supreme Court. Consolidated URL: https://isc.idaho.gov/rules-procedure/irefs
| Literal HTTPS URL | Actual read bounds |
|---|---|
| https://isc.idaho.gov/rules-procedure/print/irefs/1 | Complete hierarchy/scope |
| https://isc.idaho.gov/rules-procedure/print/irefs/2 | Complete definitions |
| https://isc.idaho.gov/rules-procedure/print/irefs/4 | Complete filer categories and exceptions |
| https://isc.idaho.gov/rules-procedure/print/irefs/5 | Complete exceptions; special-proceeding details not applied |
| https://isc.idaho.gov/rules-procedure/print/irefs/9 | Complete signature provision; sample identity omitted |
| https://isc.idaho.gov/rules-procedure/print/irefs/11 | Complete filing/acceptance rule |
| https://isc.idaho.gov/rules-procedure/print/irefs/12 | Complete time-of-filing rule |
| https://isc.idaho.gov/rules-procedure/print/irefs/13 | Complete rejection/correction; no prescribed form created |
| https://isc.idaho.gov/rules-procedure/print/irefs/14 | Complete technical-failure relief |
| https://isc.idaho.gov/rules-procedure/print/irefs/15 | Complete privacy provisions; substantive use limited to filing responsibility and exceptions; no actual disclosure claim |
| https://isc.idaho.gov/rules-procedure/print/irefs/17 | Complete party-service rule; discovery details not applied |
| https://isc.idaho.gov/rules-procedure/print/irefs/18 | Complete court-service rule; form wording omitted |
Displayed baseline: April 15, 2019/July 1, 2019. Material later entries include Rule 4’s September 11, 2024 amendment and Rule 5/9 amendments through June 30, 2025/July 1, 2025. Original orders and technical guide were not opened.
Publisher/edition: Justia, 2025 Idaho Code. Complete bodies and displayed histories were read, except where a narrower relied-on definition is stated.
| Literal HTTPS URL | Material use and displayed credits |
|---|---|
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-101/ | Civil cost-rule relationship. Added 1977 ch.4 §1 p.9. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-107/ | Complete appeal-cost provision. C.C.P.1881 §698; R.S./R.C./C.L.4906; C.S.7212; I.C.A.12-107. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-114/ | Complete taxation/review/certification provision. C.C.P.1881 §704; 1911 ch.204 §1 p.673 and recodifications. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-117/ | Complete (1)–(7). Added1984 ch.204 §1 p.501; amendments1993,1994,2000,2010,2012,2018; latest2019 ch.212 §1 p.643. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-118/ | Complete state-payment clause. C.C.P.1881 §708 lineage; 1994 ch.180 §9 p.428. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-119/ | Complete county-payment clause. C.C.P.1881 §709 and recodifications. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-120/ | Complete (1)–(6); personal-injury and small-claims branches excluded from ordinary appeal application. Added1970 ch.44 §1 p.91; amendments through2018 ch.244 §2 p.568. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-121/ | Complete. Added1976 ch.349 §1 p.1158; 1987 ch.263 §2 p.555; 2017 ch.47 §2 p.76. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-123/ | Complete (1)–(4), used as a boundary rather than established appellate authority. Added1987 ch.278 §8 p.580. |
| https://law.justia.com/codes/idaho/title-67/chapter-52/section-67-5201/ | Complete relevant (4) agency definition and exclusions; section history read. Added1965 ch.273 §1 p.701; latest listed2025 ch.151 §6 p.741. No claim that this latest amendment changed every part of (4). |
| https://law.justia.com/codes/idaho/title-31/chapter-32/section-31-3220/ | Complete (1)–(8); reliance on scope and waiver-versus-adverse-award distinction. Added1977 ch.228 §1 p.680;1979 ch.222 §1 p.617;1996 ch.420 §6 p.1402. |
| https://law.justia.com/codes/idaho/title-9/chapter-14/section-9-1406/ | Complete (1)–(2), including exceptions; generic form not reproduced. Added2013 ch.259 §1 p.636. |
| https://law.justia.com/codes/idaho/title-1/chapter-16/section-1-1607/ | Complete nonjudicial-day provision. C.C.P.1881 §46 lineage;1961 ch.270 §1 p.480;1971 ch.84 §1 p.186. |
| https://law.justia.com/codes/idaho/title-73/chapter-1/section-73-108/ | Complete holiday/substitution provision; latest listed2002 ch.146 §3 p.423. |
The § 12-120 displayed intervening amendment years are 1975, 1986, 1987, 1988, 1994, 1996, 2001, and 2012. Those original acts were not recovered. All these statutory bodies remain secondary; no official-current 2026 certification follows from the publisher’s edition.
Read: Complete one-page §§ 1–4; substantive use limited to the statutory amendment, repeal, and effective clause. An incidental named judicial reference in the intent paragraph was not investigated or reproduced.
Pixels: Page 1/PDF index 0. Version: Introduced mirror. Reported history: Chapter 47; March 1, 2017 effectiveness. Limit: Final official act and full historical application remain held.
Issuer/title: Idaho Supreme Court, Order—Amendments to Idaho Appellate Rules 11.1, 12.1, 40 and 46. Official institutional host: Idaho State Bar.
Literal PDF URL: https://isb.idaho.gov/wp-content/uploads/Amendments-to-Idaho-Appellate-Rules-11.1-12.1-40-46-eff-April-28-2022.pdf
Actual read:
| Page | Read bounds |
|---|---|
| PDF index 0, first unnumbered page | Order title and adoption language; unrelated family-rule amendments excluded from merits |
| PDF index 1, second unnumbered page | Complete Rule 40(b) amendment; complete amended Rule 46 paragraph; immediate-effect clause and instruction that markup is not permanent rule text |
| PDF index 2, third unnumbered page | Publication directive, April 28, 2022 date, signature/attestation and certification of copy; personal names not reproduced |
All three page images were inspected. The PDF returned no parsed text; the findings are based on the actual page images.
Legal status: Adopted order, effective immediately as stated. Limit: It is an amendment order, not a complete replacement of every subdivision of Rule 40 or Rule 46. No broader pending-case transition rule was inferred.
Read: Official publication/incorporation statement and available index context. Limit: No complete original-order sequence recovered.
Bounded 2025–2026 searches for the relevant fee statutes and IAR provisions returned, among other things, special small-claims and sector-specific legislative leads. Those were not treated as ordinary appellate amendments without their operative scope. No no-change finding was made from the search results.
| Literal URL or material | Actual result |
|---|---|
| https://legislature.idaho.gov/statutesrules/idstat/Title12/T12CH1/SECT12-120/ | Fresh official section attempt inaccessible |
| https://legislature.idaho.gov/statutesrules/idstat/Title12/T12CH1/SECT12-121/ | Fresh official section attempt inaccessible |
| https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2017/legislation/H0097.pdf | Actual legislative link followed; restricted/inaccessible |
| https://isc.idaho.gov/rules/Order-Amending-Appellate-Rules.pdf | Ordinary historical order route returned404 |
| API-hosted original orders, forms and technical guide | Not opened |
| Incidental cases/opinions/dockets and legislative roll-call identities | Not opened or relied on |
The successfully recovered 2022 adopted order is a separate ordinary public source. Earlier failed routes are not relabeled successful, and no final statute is inferred from the later rule order.
Short IDs carry the prefix S_ID-P30-.
| Claim | Precise proposition | Source/pinpoint | Status |
|---|---|---|---|
| C001 | Official cost/fee rules and a material adopted amendment were read; statutory currentness remains provisional. | S001–S008 | O/P/L/H |
| C002 | District appellate, higher appellate and Court of Appeals roles are distinct. | Rule83(f),(n),(q); IAR101,110 | O/H |
| C003 | Prevailing status and mixed allocation require the applicable rule and determination. | IAR40(a); Rule54(d)(1)(A)–(B),(2) | O/H |
| C004 | New-trial and modified-judgment cost discretion is separately stated. | §12-107 | P |
| C005 | Voluntary/stipulated dismissal cost/fee provisions have different conditions. | IAR32(b),33 | O |
| C006 | Current enumerated appellate costs are not the entire trial-cost schedule. | IAR40(b) | O |
| C007 | The adopted2022order deleted the former brief-production allowance. | S006, PDF index1 | O |
| C008 | The current Rule40disk reference points to a repealed Rule26.1provision. | IAR40(b)(2);26.1 | O/H |
| C009 | Supersedeas-premium recovery has a timely written-nonexecution exception. | IAR40(b)(4);16(b) | O |
| C010 | Cost memoranda have an opinion-based filing/service period and express untimely waiver. | IAR40(c) | O |
| C011 | Cost objections have a service-based period; appellate and civil waiver wording differ. | IAR40(d);Rule54(d)(5) | O/H |
| C012 | No single district-appellate cost trigger was invented from the IRCP/IAR fallback. | Rule83;IAR40;Rule54 | O/H |
| C013 | First-brief fee claim and later permission are procedural conditions. | IAR41(a);35(a)(5),(b)(5) | O |
| C014 | Procedural fee rules do not alone create every substantive entitlement. | IAR41(b)–(c);Rule54(e)(1) | O/H |
| C015 | Amount claim, affidavit, paralegal and research costs have separate requirements. | IAR41(d) | O |
| C016 | Court may determine amount or remand for evidence and determination. | IAR41(d) | O |
| C017 | Section12-120(1)uses the pleaded threshold, demand and tender conditions. | §12-120(1) | P |
| C018 | The counterclaim demand exception is not universal for all later claims. | §12-120(2) | P |
| C019 | Enumerated debt categories and commercial-transaction definition are distinct. | §12-120(3) | P/H |
| C020 | Personal-injury, collection and small-claims branches are not ordinary appellate formulas. | §12-120(4)–(6) | P/H |
| C021 | Section12-121requires prevailing status and its specified finding, not mere defeat. | §12-121;Rule54(e)(2) | P/O |
| C022 | Section12-117has public/private, partial-success and separate government-to-government branches. | §12-117(1)–(4) | P |
| C023 | Definitions and the $25,000cross-reference remain exact and distinct from §12-120. | §12-117(6)–(7);§67-5201(4) | P/H |
| C024 | Public payment provisions and initial waivers do not themselves eliminate adverse-award exposure. | §§12-118–119,31-3220(8) | P |
| C025 | Actual contract entitlement and substantive nonwaiver remain missing predicates. | Rule54(e)(1),(8);scope | O/H |
| C026 | All twelve civil fee-amount factors were read; no federal formula substituted. | Rule54(e)(3) | O/H |
| C027 | Claimed method, allocation, reasonableness and judicial amount remain distinct. | IAR41(d);Rule54(e) | O/H |
| C028 | Civil fee objections, hearing, reasons and client-fee relationship have specific rules. | Rule54(e)(5)–(8) | O |
| C029 | Section12-123was not authenticated as an independent appellate fee source. | §12-123 | P/H |
| C030 | Appellate signing sanctions have a predicate, permitted targets and causal expense component. | IAR11.2(a) | O/H |
| C031 | Enlarged-record sanctions require the stated finding and notice/opportunity. | IAR19(e) | O |
| C032 | Nonappearance sanctions differ from missing-brief argument restrictions. | IAR37(d)–(e) | O |
| C033 | Nonjurisdictional procedural failures do not automatically yield fees or merits loss. | IAR21;Rule83(m) | O/H |
| C034 | Sanctions and ordinary awards have different procedural and constitutional predicates. | IAR11.2,19,32,37 | O/H |
| C035 | Filing, service, support, and declaration qualifications are distinct. | IAR20,32,40–41;Rule2.7;§9-1406 | O/P/H |
| C036 | Electronic submission, acceptance and service events are not interchangeable. | IREFS11–12,17–18 | O |
| C037 | Rejection correction and technical failure have separate relation-back conditions. | IREFS13–14 | O/H |
| C038 | Opinion-based and service-based periods do not receive universal mail/electronic additions. | IAR22;Rule2.2;IREFS17(h) | O/P/H |
| C039 | Rule46requires good cause and preserves its excluded filings and exact objection event. | IAR46 | O |
| C040 | Unresolved taxation does not necessarily delay remittitur. | IAR38(d),40(f),41(d) | O |
| C041 | Later or amended cost/fee statements follow the specified clerk/lower-court mechanism. | IAR40(f),41(d);§12-114 | O/P |
| C042 | Lower-court trial fees and provisional appellate advances are not final appellate entitlement. | IAR13(b)(9),(12) | O |
| C043 | Cost/fee motions do not automatically restart merits-appeal time or establish a stay. | IAR14;Rule83(b);read boundaries | O/H |
| C044 | The2022order supplies actual adopted deletion/effectiveness evidence, within its bounds. | S006 | O |
| C045 | The2017fee-amendment mirror is not the final official act. | S005;Rule54(e)(2) | L/O/H |
| C046 | Current official statutes and complete intervening histories remain held. | S004–S008 | H |
| C047 | A fee affidavit does not authorize disclosure of protected material. | IREFS15 | O/H |
| C048 | The prior Rule46motion-service correction is preserved, not reopened or contradicted. | IAR46;S006 | O/reuse |
| C049 | Source failures, historical text and actual reads are separately recorded. | S001–S008 | Provenance |
| C050 | Special regimes and judicial/constitutional construction remain exact dependencies. | Section13 | H |
| C051 | No actual award, conduct, fee amount or outcome was determined; prior holds remain. | Research record | Certain |
No amount, rate, time entry, invoice, page count, financial input, or calendar result is supplied.
| Quantity/relation | Legal base/reference event | Qualification |
|---|---|---|
| Fourteen days | Filing and announcement of appellate opinion | Cost memorandum filed and served; rehearing/review does not itself defer |
| No later than fourteen days | Service of cost memorandum | Cost objection filed and served with reasons |
| Same procedure as cost objection | Fee amount opposition | IAR41incorporation |
| Concurrently with/as part of cost memorandum | Fee amount claim after entitlement | Computation-method affidavit |
| First appellate brief | Fee-right assertion | Later claim only by court permission |
| Original only; no court copies | Cost/fee memoranda, objections and supporting/opposing briefs | Service remains required |
| Mailing date | IAR40memo/objection filing treatment | Electronic scope distinguished |
| Seven days of notice-of-appeal filing | Written nonexecution agreement exception | Supersedeas-premium taxation; no stay report |
| $6 per page | Former original-brief production category | Deleted effective April28,2022; not current allowance |
| No current disk charge applied | RepealedRule26.1reference | Historical disk rates not revived |
| $35,000 or less | §12-120(1)amount pleaded | Subsections(3)/(4)exceptions |
| Not less than ten days before commencement | Plaintiff’s written demand under(1) | No actual demand; counterclaim exception separately stated |
| At least95% | Precommencement tender compared with plaintiff’s award | No values or comparison performed |
| $25,000 or less | §12-117(7)person’s pleaded amount | Additional §12-120requirements; not changed to35,000 |
| Portion on which party prevailed | §12-117(2) | No-reasonable-basis finding tied to that portion |
| Twelve factors | Rule54(e)(3) | No numeric weighting or automatic formula |
| Reasonable cost, reasonably necessary | Automated research | Court finding required |
| No universal ordinary-appellate percentage/multiplier/cap authenticated | Amount-setting | Small-claims collection cap not transferred |
| Before trial or within21days after judgment | §12-123text | Not adopted as appellate fee deadline or authority |
| Fees both reasonably incurred and necessitated | §12-123limit | Boundary reading, no actual sanction |
| Regular operating budget | §12-117payment branch | Insufficiency incorporations held |
| No automatic adverse-cost immunity | §31-3220(8) | Initial waiver and final judgment differ |
| Quantity/relation | Reference event | Qualification |
|---|---|---|
| No later than fourteen days after judgment entry | Rule54cost memo | Not silently substituted for higher opinion-based trigger |
| After verdict/decision; premature memo timely | Rule54(d)(4) | Route/application remains necessary |
| Fourteen days after service | Rule54motion to disallow | Express waiver if untimely under that rule |
| After hearing or objection-time expiry | Civil cost/fee amount order | Timely amount objection requires reasons/factors |
| Fourteen days after service | Rule83/IAR32ordinary motion opposition | More specific cost provision controls where applicable |
| At least twenty-one days before merits argument | Specified IAR32noncompliance dismissal motion | No invented no-argument-case deadline |
| Before opinion issuance | Voluntary/stipulated dismissal branch | Cost/fee agreement or discretionary taxation |
| No fixed numeric period stated | Court’s fee-amount remand or later taxed-cost amendment | Applicable order/construction required |
| Reasonable causal expenses | Signing/nonappearance/record sanctions | No automatic total or prevailing requirement imported |
| Notice and opportunity to respond | IAR19(e)monetary sanction | No universal day count stated |
| No universal safe-harbor period | IAR11.2 | No federal/trial-rule substitution |
| Quantity/relation | Legal event/base | Qualification |
|---|---|---|
| Trigger day excluded; qualified last day | IAR22 | Saturday/Sunday/nonjudicial-day qualification |
| Intermediate days counted; clerk-inaccessibility branch | IRCP2.2within scope | No actual closure or date |
| Three additional days | Act due after service by mail under applicable civil rule | Not automatically applied to opinion entry or every appellate act |
| After5p.m.: one additional day | Party electronic service underIREFS17(h) | Not a universal filing extension |
| 12:01a.m.–midnight | Court-local filing day | Acceptance and nonbusiness-day provisions retained |
| Three business days excluding legal holidays | Rejected-filing correction | Required request and next-judicial-day qualification |
| Seven business days excluding legal holidays | Technical-failure resubmission after notice of failure | Satisfactory proof required |
| Seven days after motion service | Written objection seeking review of ex parte extension | Clerk separately serves order |
| Good cause | IAR46extension | Excluded filing categories remain |
| Filed written stipulation / court approval where required | General extension interfaces | Not automatic waiver of Rule40deadline |
| Fourteen/seven/two days before hearing, received | IRCP7ordinary motion papers | Not a replacement for a specific appellate cost period |
| No automatic confidentiality from fee label | Filing privacy | Protected identifiers/examples not supplied |
| Quantity/event | Relation | Limit |
|---|---|---|
| Opinion filing equals announcement | IAR38(a) | Not later actual receipt by default |
| Remittitur before final taxation | Permitted by IAR38/40 | No automatic delay |
| Later itemized statement/amendment | Clerk forwards when available | No invented objection restart |
| Amount added to lower judgment/order | IAR40(f)/41(d) | Full interest/enforcement held |
| April28,2022 | Adopted order date and immediate effect | Actual order read |
| January24,2019 | Published Rule26.1repeal and IAR41amendment | Original2019order failed |
| March1,2017 | Reported statutory effective date and Rule54reference | Final H0097act not recovered |
| April28,2022/July1,2022 | Rule32amendment/effectiveness | Distinct from Rule46same-day effect |
| 2025 | Statutory reproduction edition | Not official2026authentication |
| Unknown | Actual prevailing status, fee source, contract, payment, necessity, causation, service, opinion, remittitur, conduct | None supplied or inferred |
Personal-injury, small-claims, trial witness/expert/deposition, filing-deposit, bond-amount, and unrelated statutory quantities were read only as necessary boundaries and are not applied as ordinary appellate award formulas.
| Branch | Missing predicate | Supported consequence | Adverse inference to avoid | Exact next inquiry |
|---|---|---|---|---|
| B01—route | Correct appellate posture and governing procedure | Applicable cost/fee framework | Same clerk and trigger for every route | Rule83/IAR/IRCP construction |
| B02—prevailing | Actual result compared with relief and governing law | Possible costs/fee status | Any favorable issue guarantees all fees | Mixed-result/remand construction |
| B03—dismissal | Correct voluntary/stipulated branch | Conditional allocation | Dismissal always produces mandatory fees | Rule32/33and substantive source |
| B04—cost item | Listed or otherwise lawfully ordered expense | Possible taxation | Deposit or invoice proves recoverability | Rule40and applicable order |
| B05—disks | Current valid basis beyond repealed reference | Exact hold | Old disk prices or new copy fees silently substituted | Adopted reconciliation/current authority |
| B06—bond premium | Written agreement and exact timing | Exception may apply | Bond principal or security waiver equals premium taxation | Rule40/16relation |
| B07—memo | Correct opinion event, filing and service | Claim considered under rule | Rehearing automatically suspends filing | |
| B08—objection | Proper service event and specified grounds | Court determination | Trial-rule objection waiver copied wholesale | |
| B09—first brief | Timely claim or permitted later claim | Fee-right request | Claim alone supplies substantive entitlement | |
| B10—§12-120(1) | Pleaded threshold/demand/tender predicates | Statutory fee branch | Award amount substitutes for pleaded amount | |
| B11—§12-120(3) | Covered obligation and no contrary law | Possible mandatory reasonable fee | Personal-purpose definition erases every listed category | |
| B12—§12-121 | Prevailing status and required finding | Discretionary reasonable fee | Losing proves frivolity | |
| B13—public actor | Defined adverse parties and statutory conditions | Applicable §12-117branch | Every government participant has identical standard | |
| B14—contract | Lawful applicable fee term and authority | Possible contractual source | Boilerplate or alleged agreement proves entitlement | |
| B15—amount | Competent support and applicable factors | Judicial amount determination | Claimed method or invoice proves necessity | |
| B16—allocation | Compensable claims/work and governing standard | Conditional apportionment | Universal percentage or multiplier | |
| B17—fee waiver | Actual lawful waiver and statute | Initial payment relief | Immunity from later adverse award | |
| B18—signing sanction | Specific certification violation and process | Appropriate sanction | Every defective paper automatically yields fees | |
| B19—record sanction | Irrelevance, vexatious/unreasonable enlargement, cost effect | Defined cost denial/sanction | Every unused document sanctionable | |
| B20—nonappearance | Applicable actor/event and lawful determination | Possible sanction | Nonappearance proves merits | |
| B21—§12-123 | Appellate applicability not authenticated | Held boundary | Trial period becomes IARfee deadline | |
| B22—electronic correction | Rule-specific timely request and proof | Conditional relation back | Technical allegation automatically excuses | |
| B23—counting | Correct event, method and applicable rule | Scoped computation | Universal mail/after-hours addition | |
| B24—remittitur | Actual award and later determination | Ministerial insertion/transmission | Unresolved amount always blocks finality | |
| B25—advance | Proper authority/order and later review | Provisional amount possible | Advance settles ultimate fee entitlement | |
| B26—history | Final statutes/original orders | Exact gap may close | Mirror/footer proves all application dates | |
| B27—constitutional/special | Independent legal coverage | Held dependency | State generic rule resolves federal or sector law |
| Separate inquiry | Required authority or question |
|---|---|
| Current official statutory text | Legislature-hosted §§12-101,107,114,117–123 and indispensable incorporations; complete adopted histories |
| District-appellate taxation mechanics | Exact treatment of Rule83’s IRCP/IAR fallback, governing trigger, court direction, and remand-specific procedure |
| Substantive contract/consumer restrictions | Actual lawful fee authority cannot be established without the appropriate generic contract, consumer-credit, instrument, sector, and nonwaiver law |
| Prevailing-party construction | Mixed judgments, cross-appeals, interlocutory success, remands, partial victories, and multiple-party allocation |
| Fee-amount construction | Applicable appellate factors, compensable work, fee-litigation work, allocation, enhancements, and duplicate-recovery limits |
| Objection/correction after taxation | Complete authority for later correction, reconsideration, amended statements, and any new response opportunity; no invented universal period |
| Section12-123appellate scope | Judicial construction or complete controlling generic authority; not assumed from civil-case wording |
| Public-budget insufficiency | §67-2018 and title6 chapter9; state/agency capacity and constitutional-function exclusions |
| Sanction process | Constitutional notice/hearing requirements, proportionality, permissible targets/recipients, inherent authority, ICAR59 and professional discipline |
| Security/enforcement | Full bond, stay, judgment interest, lien, collection, satisfaction and bankruptcy rules |
| Privacy and privilege | Disclosure of billing/support materials, confidentiality, redaction, sealing, privilege waiver and access |
| Federal/local/tribal/interstate | Independent fee-shifting, jurisdictional, sovereignty, special-proceeding and applicable federal regimes |
| Original-order history | Unrecovered 2019 cost/fee order and other intervening orders; only the identified2022adopted order was authenticated here |
| Further appellate practice | Rehearing, discretionary review, remittitur recall/enforcement, standards and merits |
| Field | Entry |
|---|---|
| Appellate route | |
| Authority and edition | |
| Official-current-text status | |
| Prevailing-party provision | |
| Mixed-result/allocation condition | |
| Cost category | |
| Cost exclusion or exception | |
| Substantive fee source | |
| Statutory actor/claim predicate | |
| Contract dependency | |
| First-brief claim requirement | |
| Entitlement determination | |
| Cost-memorandum trigger | |
| Filing and service acts | |
| Fee-support requirement | |
| Objection reference event | |
| Amount factors | |
| Compensable-work boundary | |
| Court/remand amount authority | |
| Sanction source | |
| Conduct/causation predicate | |
| Notice/opportunity requirement | |
| Electronic filing condition | |
| Counting/extension rule | |
| Remittitur treatment | |
| Receiving-court duty | |
| Public-payment/waiver distinction | |
| Privacy/privilege dependency | |
| Missing original authority | |
| Review status |
No field is completed.
| Requested issue | Disposition | Claims/sources | Exact remaining gap |
|---|---|---|---|
| 1—ordinary rule scope | Complete IAR40–41and necessary routes read | C001–C002 | Current statutes and route-specific construction |
| Magistrate-to-district | Necessary Rule83clauses read | C002,C012 | Universal trigger selection not invented |
| Higher/Court of Appeals | Rules101/110and complete taxation rules | C002,C040–C041 | No actual assignment/award |
| Actors/decision functions | Distinguished | C014–C016,C041 | No actual entitlement |
| Special routes | Explicitly excluded | C050 | Separate regimes |
| 2—cost categories | Complete Rule40list | C006–C009 | Repealed-disk reference |
| Former reproduction allowance | Adopted deletion authenticated | C007,C044 | Historical application not selected |
| Prevailing/mixed/reversal/remand | Rule/statute relations read | C003–C005 | Judicial construction |
| Deposits versus taxation | Distinguished | C006,C024 | No initial-fee report rerun |
| Fee waiver versus immunity | Necessary statute read | C024 | No eligibility |
| 3—substantive fees | Complete material statutory bodies provisionally read | C017–C025 | Official current/final originals |
| Consumer/commercial/instrument | Exact branches retained | C019 | Actual classification/other law |
| Frivolous/unreasonable basis | §121and§117distinguished | C021–C023 | No conduct finding |
| Public actors | Definitions/portion/payment branches | C022–C024 | Budget and constitutional incorporations |
| Contract/nonwaiver | Explicit predicate and hold | C025 | No private contract |
| 4—requests/objections | Complete IAR40–41mechanics | C010–C016 | Actual events absent |
| Civil-rule comparison | Read without universal substitution | C012,C028 | District/remand construction |
| Electronic service/computation | Necessary complete bodies | C035–C039 | Actual failure/service and statutory currency |
| Rule46corrected relation | Preserved and freshly confirmed | C039,C048 | No calendar |
| 5—amount | All Rule54factors and IAR41method read | C015–C016,C026–C028 | No universal formula |
| Allocation/adjustment | Source-specific boundaries | C027 | Actual work and judicial construction |
| Blank worksheet | Supplied | Section14 | No inputs |
| 6—sanctions | Necessary appellate clauses complete | C029–C034 | Full due process/discipline |
| Notice/opportunity/causation | Preserved by branch | C030–C034 | No actual predicate |
| Nonfiling/nonappearance | Distinguished | C032–C033 | No automatic merits/fee result |
| 7—postdecision handling | Complete narrow rules | C040–C043 | Full review/enforcement excluded |
| Original adopted evidence | 2022order visually read | C044 | Other orders/final statutes held |
| 2017statutory history | Mirror/version status retained | C045–C046 | Final official act |
| 2025–2026status searches | Bounded discovery | S007 | No no-change assertion |
| Sources/read bounds/failures | Supplied | Section9 | Exact limitations preserved |
| Quantities/branches | Supplied | Sections11–12 | No calculations |
| Prior findings/holds | Unchanged | C051 | No earlier gap closed by implication |
| Idaho/dimension4/A066/parent | Not accepted complete | Entire report | Recorded dependencies remain |
| Material | Actual use |
|---|---|
| Official IAR 40–41 | Complete operative bodies and displayed histories |
| Necessary IAR/IRCP/e-filing provisions | Complete or expressly bounded reads listed above |
| 2022 adopted order | Relevant actual page images read, including deletion, effectiveness, date and certification |
| 2017 H0097 | Complete introduced mirror and generic reported status; incidental named judicial reference not investigated |
| Official statutory routes | Fresh failures recorded |
| 2025 statutory reproductions | Complete listed bodies and necessary definitions, kept provisional |
| Currentness searches | Generic section/rule/year queries; special-sector results not treated as ordinary appellate law |
| Rule26.1 | Complete historical text read only to identify repeal/reference conflict; old rates not revived |
| Cases/opinions/dockets/rosters | Incidental results not opened or relied on |
| Actual invoices, contracts, billing, accounts, costs, fees, parties or conduct | Not requested or assessed |
| Prior local review files/raw reports | Supplied scope and correction descriptions only; no local-file inspection claim |
| Document | Read bounds | Pixel inspection |
|---|---|---|
| 2017 H0097 introduced mirror | Complete one-page §§1–4; substantive reliance on amendment/repeal/effective clauses | Page1/PDFindex0 |
| April28,2022adopted order | Relevant Rule40/46amendments, effectiveness, date/attestation; unrelated family amendments not applied | Unnumbered pages1–3/PDFindices0–2 |
| Failed official H0097 and 2019order routes | No operative body recovered | None |
The adopted-order PDF supplied no parsed text; its relevant content was read from the page images. The bill mirror and adopted order have different legal statuses. Neither is represented as a complete original history of all current provisions.
The strongest new findings are the complete cost/fee separation in IAR 40–41, the actual adopted deletion of the former brief-production allowance, the unresolved repealed-disk cross-reference, the distinct statutory fee predicates, and the ability to complete taxation after remittitur.
The principal gaps remain current official statutory codification, original enactment chains, district-appellate procedural construction, substantive contract and sector restrictions, mixed-result prevailing status, fee allocation and adjustment, sanction due process, and later correction/review of taxed amounts.
No actual or invented litigant, lawyer, judge, contract, invoice, legal service, billing entry, rate, hour, page count, payment, award, financial input, filing event, or calendar was supplied or constructed. No frivolity, bad faith, misconduct, fee liability, entitlement, recovery amount, sanction, or outcome was determined.
This is a researcher self-check, not independent review. The component is supported by newly read official rules, a material adopted original order, and expressly provisional statutory and legislative evidence. Earlier findings, corrections, provenance, and holds remain preserved. No Idaho, dimension4, A066, parent, operational, or publication acceptance follows.
END S_ID PASS-30.
Captured cells with original header handling and explicitly labeled bounded correction overlays. Downloaded JSON retains original cells. Tables may contain source limitations, historical examples and identified corrections; the complete reading supplies context.
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
These components repair their stated scope. They do not replace every other finding in this research series.
SID bounded rule-pinpoint clarification →Earlier material · Retained scope · New P30 evidence · 6 data rows
| Earlier material | Retained scope | New P30 evidence | Remaining boundary |
|---|---|---|---|
| Reviewed P27 follow-on record | Complete appellate costs, fees, objections, and security interaction remained open. | IAR 40–41 and necessary related provisions read independently. | No gateway, notice, or stay report regenerated. |
| P27 LIMITED-01 | Rule 32’s 2022 effectiveness differs from Rule 46’s; Rule 46’s seven-day objection runs from motion service. | Fresh complete Rule 46 read; the 2022 original order also recovered for its Rule 46 amendment. | Prior raw report and correction provenance remain unchanged. |
| P28 record material | Initial deposits, record preparation, and augmentation were separate from later awards. | Only necessary cost-category and excessive-record provisions read. | No unreviewed record-merits premise. |
| P29 briefing material | First-brief fee claim and signing provisions were narrow interfaces. | Complete IAR 41 and necessary fee-claim, objection, sanction, and amount provisions read. | No full briefing or argument rerun. |
| P25 trial-cost and post-trial material | Narrow reviewed interfaces retained within their scope. | Rule 54 reread only for relevant prevailing-party, civil fee, amount, and procedural comparisons. | Trial witness/deposition/exhibit cost schedules are not transplanted into appellate taxation. |
| C033/C035 and other holds | Unchanged. | No provider-access, licensing, or checklist investigation. | No implied closure. |
Route or actor · Supported role · Important limit · 7 data rows
| Route or actor | Supported role | Important limit |
|---|---|---|
| Ordinary magistrate-to-district appeal | Rule 83(f)(1) addresses appellate treatment; Rule 83(q) supplies IRCP/IAR procedure where unspecified; motions under Rule 83(n) go to the district court unless expressly required below. | Rule 83 does not print a standalone, comprehensive cost-taxation paragraph selecting every deadline and trigger for every district-appellate fee disposition. |
| District-original or district-appellate decision on higher appeal | IAR 40–41 supply the higher appellate cost/fee procedure. | Substantive entitlement still needs a statute, lawful contract, or other applicable authority. |
| Court of Appeals | IAR 101 applies the appellate rules; IAR 110 preserves filing through the Supreme Court clerk. | Court assignment is not a new fee source. |
| Appellate court | Determines cost allocation, claimed fee entitlement, objections, and fee amount or remand for amount. | An applicant’s computation does not bind the court. |
| Supreme Court clerk | Receives the required papers, prepares the itemized taxed-cost statement, and inserts or later transmits the award as the rules direct. | Ministerial inclusion does not replace a judicial entitlement decision. |
| District court or agency on an authorized amount remand | Hears additional evidence and determines amount within the remand. | Not authority to reopen unrelated appellate merits. |
| Receiving lower court | Receives the remittitur or later statement for the prescribed judgment/order treatment. | Full enforcement, lien, interest, and satisfaction law remains separate. |
Authority · Rule supplied · Qualification · 5 data rows
| Authority | Rule supplied | Qualification |
|---|---|---|
| IAR 40(a) | Costs ordinarily follow the prevailing party. | Law or court order may provide otherwise; the rule expressly excludes the listed post-conviction, parental-rights-termination, and adoption appeals from that default. |
| § 12-107 | Costs are discretionary when a new trial is ordered or judgment modified. In other cases its prevailing-party rule includes the stated costs-below branch for an appeal to district court. | Provisional statutory text; no automatic classification of every reversal or remand. |
| Rule 54(d)(1)(B) | Where this civil-rule standard governs, the court compares the result with relief sought and may find partial success and allocate costs equitably. | It does not supply a mathematical score or per-issue formula. |
| Rule 54(d)(2) | Multiple prevailing parties ordinarily each receive costs unless otherwise directed. | Not automatic duplication of the same expense. |
| IAR 40 | No standalone arithmetic rule for cross-appeals, mixed dispositions, or partial success. | A favorable ruling does not itself settle ultimate prevailing status. |
Category · Current rule · Conditions and unresolved boundaries · 7 data rows
| Category | Current rule | Conditions and unresolved boundaries |
|---|---|---|
| Filing fees | Listed in Rule 40(b)(1). | A permitted category is not proof of an actual recoverable expenditure. |
| Reporter’s transcript | Listed in Rule 40(b)(2). | Initial preparation deposits and later taxation are different. |
| Specified computer-searchable disks | The current sentence still refers to disks filed under Rule 26.1(c), while excluding other disks. | Rule 26.1 is officially marked repealed effective January 24, 2019. Current electronic-copy cost treatment cannot be reconstructed by silently applying its old charges. |
| Clerk’s or agency’s record | Listed in Rule 40(b)(3). | Agency merits are excluded; an initial estimate is not a final taxed amount. |
| Supersedeas-bond premium | Listed in Rule 40(b)(4). | Exception when the party taxed agreed in writing, within seven days of notice-of-appeal filing, not to execute pending appeal as provided in Rule 16(b). |
| Brief reproduction | No longer an enumerated category. | The adopted 2022 order deleted the former $6-per-page provision. |
| Private copies, travel, postage, other expenses | Not independently listed in the current Rule 40 categories read. | The opening “unless otherwise ordered” language and other law prevent a categorical conclusion that such an item can never be allowed. No separate permission was established. |
Act · Required content/event · Consequence or limit · 7 data rows
| Act | Required content/event | Consequence or limit |
|---|---|---|
| Cost memorandum | File with the Court and serve all adverse parties; itemize each expense. | No actual item or amount supplied. |
| Period | Within fourteen days of filing and announcement of the appellate opinion. | Applies whether or not rehearing or review is sought. |
| Mailing | Memorandum mailed to the Court is deemed filed on mailing. | Electronic rules govern within their scope. |
| Untimely memorandum | Rule 40 expressly states waiver of the right to costs. | Any requested enlargement or relief requires its own authority; no automatic revival. |
| Objection | File and serve adverse party no later than fourteen days after service of the memorandum, identifying challenged items and reasons. | The court hears and determines the objection. |
| Mailed objection | Deemed filed on mailing under Rule 40(d). | Not a universal filing rule for every appellate paper. |
| Copies | Original only; no additional court copies required. | Service obligations remain. |
Subject · Civil-rule provision · Why kept separate · 6 data rows
| Subject | Civil-rule provision | Why kept separate |
|---|---|---|
| Cost memorandum | After verdict/decision, but no later than fourteen days after judgment entry; premature memorandum is timely. | Different trigger from appellate opinion filing/announcement. |
| Verification | States correctness and compliance to the party’s best knowledge and belief. | IAR 40 instead expressly requires itemization; its text does not reproduce this verification sentence. |
| Objection | Motion to disallow within fourteen days of service, filed and served. | Express objection-waiver language appears here. |
| Effect on execution | Motion does not stay execution of judgment exclusive of costs. | Not a universal statement about every appellate motion or stay. |
| Settlement | Court enters an order fixing costs after hearing or expiration of objection time. | Distinct from clerk insertion into a higher appellate remittitur. |
| Fees | Affidavit, same cost-processing route, possible evidentiary hearing, amount order. | Applicable statute or contract may provide otherwise. |
Branch · Complete material conditions · Boundary · 10 data rows
| Branch | Complete material conditions | Boundary |
|---|---|---|
| (1): amount pleaded | Except subsections (3) and (4), amount pleaded $35,000 or less; prevailing party receives court-fixed reasonable fees as costs. | Pleaded amount is not necessarily amount recovered. |
| Plaintiff’s prosecution under (1) | Written payment demand at least ten days before commencement. | Not a demand rule for every other fee source. |
| Tender exception | No plaintiff fee if court finds precommencement tender at least 95% of the amount awarded. | No tender or award evaluated. |
| (2): counterclaim/crossclaim/third-party claim | Subsection (1) applies to the stated later claims. | The express ten-day-demand exception is for a counterclaim; not silently extended to every listed claim. |
| (3): enumerated obligations | Open account, account stated, note, bill, negotiable instrument, guaranty, goods/wares/merchandise/services contract, and the specified commercial-transaction category, unless law provides otherwise. | Actual classification and competing substantive restrictions remain necessary. |
| Commercial transaction | Excludes transactions for personal or household purposes. | This definition does not by itself delete the separately enumerated account/instrument/contract branches. |
| Party definition | Includes the listed private and governmental categories. | No actual status determined. |
| (4): personal injury | Separate branch with its own demand, statement, tender, and waiver conditions. | Read but excluded; its periods and percentages are not ordinary-debt rules. |
| (5): postjudgment collection | Reasonable collection fees/costs when entitled under (1)–(4), following memorandum, notice, and hearing. | An appeal is not automatically “collection” merely because it occurs after judgment. |
| (6): small-claims collection | Separate fee measure, factors and cap. | Its principal-value cap and percentage-arrangement restriction are not imported into ordinary appellate awards. |
Branch · Conditions and allocation · 7 data rows
| Branch | Conditions and allocation |
|---|---|
| (1) | Unless another statute provides otherwise, adverse state-agency/political-subdivision and private-person categories; proceeding includes appeal; mandatory reasonable fees, witness fees, and expenses when the nonprevailing party acted without a reasonable factual or legal basis. |
| (2) | Partial success with that finding as to the relevant portion; award tied to the portion on which the party prevailed. |
| (3) | Payment from the regular operating budget; insufficiency invokes separate statutory claims routes. |
| (4) | Governmental entity versus governmental entity in a civil judicial proceeding; its own prevailing-party fee/expense provision. The subsection does not repeat subsection (1)’s no-reasonable-basis condition. |
| (5) | Licensing-authority/licensee administrative branch, with a branch-specific prevailing definition and other protections. Excluded from this ordinary debt component. |
| (6) | Definitions of person, political subdivision, proceeding, state agency, and the special licensing roles. |
| (7) | If a person’s pleaded amount is $25,000 or less, the person must satisfy § 12-120 as well as § 12-117. |
Stage · Required or permitted act · Actor and consequence · 9 data rows
| Stage | Required or permitted act | Actor and consequence |
|---|---|---|
| Assert legal right | Fee claim as an issue in the party’s first appellate brief, with the basis under Rule 35(a)(5) or (b)(5). | Court may permit a later claim on appropriate conditions. |
| Entitlement argument | May be addressed at the appeal’s oral argument. | Does not guarantee oral argument or entitlement. |
| Decision on right | Appellate decision determines the claimed right. | Does not contain the amount under Rule 41(c). |
| Amount claim after entitlement | Filed concurrently with, or as part of, the Rule 40 cost memorandum. | Affidavit must state the computation method. |
| Paralegal fees | May be included at the court’s discretion. | Not automatically allowed or excluded. |
| Automated legal research | Reasonable cost may be included if found reasonably necessary. | A charge label is not proof of reasonableness or necessity. |
| Opposition to amount | Same manner as Rule 40 cost objections. | Entitlement and amount objections must not be confused. |
| Amount decision | Court fixes amount or remands for additional evidence and determination. | No automatic evidentiary hearing for every claim. |
| Final inclusion | Clerk inserts amount in remittitur using Rule 40(f)’s mechanism. | Later determination is accommodated. |
Subdivision · Factor · 12 data rows
| Subdivision | Factor |
|---|---|
| A | Time and labor required |
| B | Novelty and difficulty |
| C | Requisite skill, and attorney experience/ability in the relevant field |
| D | Prevailing charges for like work |
| E | Fixed or contingent nature |
| F | Time limitations imposed by client or circumstances |
| G | Amount involved and results obtained |
| H | Undesirability |
| I | Nature and length of professional relationship |
| J | Awards in similar cases |
| K | Reasonable automated-research cost, if reasonably necessary |
| L | Other factor deemed appropriate |
Question · Supported distinction · 8 data rows
| Question | Supported distinction |
|---|---|
| Claimed hours/rate or other method | A method stated in an affidavit is an assertion, not conclusive proof. |
| Multiple claims or parties | Statutory portion-specific rules, prevailing-party analysis, court directions, and actual work attribution matter. |
| Contractual amount | A private fee agreement does not automatically fix the judicial award. Rule 54(e)(7) says the judicial allowance does not determine attorney-client fees. |
| Percentage/multiplier | No universal ordinary-appellate percentage cap, enhancement, or multiplier was authenticated. The small-claims collection provision is not transferred. |
| Duplicated work or overlapping theories | No duplicate recovery is approved. The source, causal work, and proper allocation require determination; no universal mathematical rule is invented. |
| Fees incurred establishing a fee amount | No categorical recovery or exclusion was established from the read generic provisions alone. |
| Attorney fees as “costs” | Does not remove the separate substantive-entitlement requirement. |
| Reversal or remand | Does not alone settle final prevailing status, the compensable work period, or every downstream fee issue. |
Issue · Rule consequence · 7 data rows
| Issue | Rule consequence |
|---|---|
| Predicate violation | Court, on motion or initiative, shall impose an appropriate sanction. |
| Possible targets | Signer, represented party, or both, as the rule states. |
| Possible compensatory component | Reasonable expenses incurred by another party because of the filing, including reasonable fees. |
| Causation | Expenses must have the stated connection to the offending paper. |
| Prevailing status | The text does not make ordinary prevailing-party status the universal predicate. |
| Safe harbor | No twenty-one-day safe harbor is stated in this appellate rule. |
| Referral | The separate ICAR 59 vexatious-litigant incorporation remains held. |
Source · Predicate · Authorized consequence and limit · 6 data rows
| Source | Predicate | Authorized consequence and limit |
|---|---|---|
| IAR 19(e) | Irrelevant record/transcript material vexatiously or unreasonably increases cost. | Court may deny the excessive-cost portion and/or impose monetary sanction after notice and opportunity to respond. Unused material is not automatically irrelevant. |
| IAR 37(d) | Specified counsel nonappearance. | Court may impose penalties/sanctions, including reasonable attorney fees. Recipient, causation, amount, and process are not universally supplied by a fixed formula. |
| IAR 37(e) | Party failed to file a brief. | Restriction on oral argument; not automatic fee entitlement or merits admission. |
| IAR 21 | Failure to take a nonjurisdictional step. | Appropriate discretionary action may include dismissal; not every defect produces a fee award. |
| Rule 83(m) | Comparable district-appellate distinction. | No actual dismissal or sanction determined. |
| IAR 32(a) | Specified noncompliance dismissal motion. | Its argument-relative filing condition is not transformed into a universal sanction period for every motion or no-argument appeal. |
Act · Filing and service relationship · 7 data rows
| Act | Filing and service relationship |
|---|---|
| Cost memorandum | Both filing and service on adverse parties; period starts with opinion filing/announcement. |
| Fee amount claim | Concurrent with or part of cost memorandum after entitlement determination. |
| Cost/fee amount objection | Filing and service; period starts with service of the memorandum/claim. |
| Higher appellate motion | IAR 32 support/service requirements; ordinarily decided without oral argument unless ordered. |
| District appellate motion | Rule 83(n) district filing, supporting brief, and fourteen-day opposition relation, subject to the applicable specific provision. |
| Civil fee affidavit alternative | IRCP 2.7 and provisional § 9-1406 identify qualifying declarations, with exclusions. Their route applicability is not assumed universally. |
| Proof of service | Separate from the entitlement affidavit or computational support. |
Event · Rule-based condition · 9 data rows
| Event | Rule-based condition |
|---|---|
| Filing | Submission and acknowledged acceptance, read with timestamp and relation-back provisions. |
| Filing day | Court-local time; not automatically America/Los_Angeles for every court. |
| Accepted filing | Rule 12’s receipt-timestamp relation, including the error-queue qualification. |
| Rejected filing | Three-business-day corrected-resubmission/request branch, excluding legal holidays and retaining the next-judicial-day qualification. |
| Technical receipt failure | Seven-business-day resubmission branch plus satisfactory proof; not merely an asserted technical problem. |
| Service | Designated system transmission under Rule 17, not a courtesy copy. |
| After-5-p.m. party electronic service | One-day additional-time provision within its scope. |
| Court service | Rule 18’s separate registered-user/conventional-service requirements. |
| Signature | Electronic and other-signer conditions are distinct; no signature specimen reproduced. |
Event · Supported consequence · Boundary · 10 data rows
| Event | Supported consequence | Boundary |
|---|---|---|
| Opinion filed/announced | Starts IAR 40’s cost-memorandum relation. | Rehearing/review filing does not itself postpone that obligation. |
| Right to attorney fees determined | Included in appellate decision under Rule 41(c). | Amount handled separately. |
| Amount remanded | Lower court/agency may receive evidence and fix amount as directed. | Not a merits remand beyond the order. |
| Remittitur issued before final taxation | IAR 38(d) permits issuance despite unresolved costs/fees. | No automatic hold on remittitur. |
| Costs or fee amount later determined/amended | Clerk forwards itemized statement to the lower tribunal for addition to judgment/order. | No new universal objection/reconsideration clock is created by implication. |
| Section 12-114 | Taxation before Supreme Court clerk subject to court exception/review and rule-prescribed time. | Provisional statute does not supply an extra independent deadline. |
| Court of Appeals | IAR 122/38 framework applies; granted further review has its specified remittitur consequence. | Full review/remittitur practice remains separate. |
| Trial-level costs during appeal | IAR 13(b)(9) preserves the stated lower-court function. | Trial fees are not automatically appellate fees. |
| Advance appellate fees/costs | IAR 13(b)(12) permits the specified lower-court advance, subject to final appellate determination of right and amount. | No independent substantive entitlement or actual advance. |
| Cost/fee motion and merits-appeal time | IAR 14 and Rule 83 expressly exclude the specified cost/fee motions from their timing-reset branches. | No gateway rerun or actual deadline. |
Literal HTTPS URL · Actual read bounds and use · 25 data rows
| Literal HTTPS URL | Actual read bounds and use |
|---|---|
| https://isc.idaho.gov/rules-procedure/print/iar/1 | Complete scope/application provision |
| https://isc.idaho.gov/rules-procedure/print/iar/2 | Complete definitions |
| https://isc.idaho.gov/rules-procedure/print/iar/11.2 | Complete (a)–(b); ICAR 59 referral merits held |
| https://isc.idaho.gov/rules-procedure/print/iar/13 | Complete material (b) introductory clause, (b)(9), (b)(12); other stay/security merits not applied |
| https://isc.idaho.gov/rules-procedure/print/iar/14 | Complete civil timing paragraph; use confined to cost/fee-motion exclusion |
| https://isc.idaho.gov/rules-procedure/print/iar/16 | Complete; cost bond/nonexecution agreement distinguished |
| https://isc.idaho.gov/rules-procedure/print/iar/19 | Complete; substantive reliance on (e), not record-designation mechanics |
| https://isc.idaho.gov/rules-procedure/print/iar/20 | Complete filing/service provision |
| https://isc.idaho.gov/rules-procedure/print/iar/21 | Complete jurisdictional/nonjurisdictional distinction |
| https://isc.idaho.gov/rules-procedure/print/iar/22 | Complete computation clause |
| https://isc.idaho.gov/rules-procedure/print/iar/23 | Complete relevant fee-waiver/public-actor provisions; current filing amounts not adopted as taxed costs |
| https://isc.idaho.gov/rules-procedure/print/iar/26.1 | Complete historical body and repeal heading; not current disk-price authority |
| https://isc.idaho.gov/rules-procedure/print/iar/32 | Complete (a)–(f); printed certificate not reproduced |
| https://isc.idaho.gov/rules-procedure/print/iar/33 | Complete stipulated-dismissal provision |
| https://isc.idaho.gov/rules-procedure/print/iar/35 | Complete page inspected; substantive reliance on (a)(5), (b)(5), and relevant multi-party context |
| https://isc.idaho.gov/rules-procedure/print/iar/37 | Complete body inspected; reliance on (d)–(e) consequences |
| https://isc.idaho.gov/rules-procedure/print/iar/38 | Complete; reliance on announcement and unresolved-taxation/remittitur provisions |
| https://isc.idaho.gov/rules-procedure/print/iar/40 | Complete (a)–(f) |
| https://isc.idaho.gov/rules-procedure/print/iar/41 | Complete (a)–(e) |
| https://isc.idaho.gov/rules-procedure/print/iar/46 | Complete extension rule; corrected motion-service event retained |
| https://isc.idaho.gov/rules-procedure/print/iar/47 | Complete court-service provision |
| https://isc.idaho.gov/rules-procedure/print/iar/48 | Complete unspecified-practice provision |
| https://isc.idaho.gov/rules-procedure/print/iar/101 | Complete Court of Appeals scope |
| https://isc.idaho.gov/rules-procedure/print/iar/110 | Complete subsequent-filing/assignment interface |
| https://isc.idaho.gov/rules-procedure/print/iar/122 | Complete Court of Appeals remittitur provision |
Rule · Displayed history material here · 9 data rows
| Rule | Displayed history material here |
|---|---|
| IAR baseline | March 25, 1977 adoption / July 1, 1977 effectiveness, where displayed |
| 40 | Amendments March 30, 1984/July 1, 1984; March 20, 1985/July 1, 1985; March 28, 1986/July 1, 1986; March 20, 1991/July 1, 1991; January 30, 2001/July 1, 2001; May 5, 2017/July 1, 2017; January 24, 2019/same day; April 28, 2022/same day |
| 41 | March 30, 1984/July 1, 1984; March 23, 1990/July 1, 1990; January 24, 2019/same day |
| 26.1 | Adopted March 20, 1991/July 1, 1991; page heading states repealed effective January 24, 2019 |
| 32 | Latest displayed amendment April 28, 2022, effective July 1, 2022 |
| 46 | Latest displayed amendment April 28, 2022, effective April 28, 2022 |
| 11.2 | June 15, 1987/November 1, 1987; November 20, 2012/January 1, 2013 |
| 33 | March 28, 1986/July 1, 1986; September 8, 2016/same day; May 5, 2017/July 1, 2017 |
| 13 and 23 | Current pages include 2026 amendments; only the complete selected cost/fee interfaces are relied on |
Literal HTTPS URL · Actual read bounds · 8 data rows
| Literal HTTPS URL | Actual read bounds |
|---|---|
| https://isc.idaho.gov/rules-procedure/print/ircp/1 | Complete scope/local-rule clauses |
| https://isc.idaho.gov/rules-procedure/print/ircp/2.2 | Complete computation/extension/mail provisions |
| https://isc.idaho.gov/rules-procedure/print/ircp/2.7 | Complete declaration incorporation |
| https://isc.idaho.gov/rules-procedure/print/ircp/5 | Complete relevant later-paper service, filing, and proof; initial service excluded |
| https://isc.idaho.gov/rules-procedure/print/ircp/7 | Complete motion provisions; generic hearing schedule only as necessary |
| https://isc.idaho.gov/rules-procedure/print/ircp/54 | Complete body inspected; substantive reliance on (a)’s costs/finality distinction, (d)(1)(A)–(B), (D)–(F), (d)(2)–(6), and all (e)(1)–(8). Trial cost-category dollar schedules not applied. |
| https://isc.idaho.gov/rules-procedure/print/ircp/58 | Complete entry provision, only to distinguish unresolved costs from entry |
| https://isc.idaho.gov/rules-procedure/print/ircp/83 | Complete page inspected; substantive reliance on (f)(1), (m)–(q), necessary motion-timing exclusion, and disposition interface |
Literal HTTPS URL · Actual read bounds · 12 data rows
Literal HTTPS URL · Material use and displayed credits · 14 data rows
| Literal HTTPS URL | Material use and displayed credits |
|---|---|
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-101/ | Civil cost-rule relationship. Added 1977 ch.4 §1 p.9. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-107/ | Complete appeal-cost provision. C.C.P.1881 §698; R.S./R.C./C.L.4906; C.S.7212; I.C.A.12-107. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-114/ | Complete taxation/review/certification provision. C.C.P.1881 §704; 1911 ch.204 §1 p.673 and recodifications. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-117/ | Complete (1)–(7). Added1984 ch.204 §1 p.501; amendments1993,1994,2000,2010,2012,2018; latest2019 ch.212 §1 p.643. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-118/ | Complete state-payment clause. C.C.P.1881 §708 lineage; 1994 ch.180 §9 p.428. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-119/ | Complete county-payment clause. C.C.P.1881 §709 and recodifications. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-120/ | Complete (1)–(6); personal-injury and small-claims branches excluded from ordinary appeal application. Added1970 ch.44 §1 p.91; amendments through2018 ch.244 §2 p.568. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-121/ | Complete. Added1976 ch.349 §1 p.1158; 1987 ch.263 §2 p.555; 2017 ch.47 §2 p.76. |
| https://law.justia.com/codes/idaho/title-12/chapter-1/section-12-123/ | Complete (1)–(4), used as a boundary rather than established appellate authority. Added1987 ch.278 §8 p.580. |
| https://law.justia.com/codes/idaho/title-67/chapter-52/section-67-5201/ | Complete relevant (4) agency definition and exclusions; section history read. Added1965 ch.273 §1 p.701; latest listed2025 ch.151 §6 p.741. No claim that this latest amendment changed every part of (4). |
| https://law.justia.com/codes/idaho/title-31/chapter-32/section-31-3220/ | Complete (1)–(8); reliance on scope and waiver-versus-adverse-award distinction. Added1977 ch.228 §1 p.680;1979 ch.222 §1 p.617;1996 ch.420 §6 p.1402. |
| https://law.justia.com/codes/idaho/title-9/chapter-14/section-9-1406/ | Complete (1)–(2), including exceptions; generic form not reproduced. Added2013 ch.259 §1 p.636. |
| https://law.justia.com/codes/idaho/title-1/chapter-16/section-1-1607/ | Complete nonjudicial-day provision. C.C.P.1881 §46 lineage;1961 ch.270 §1 p.480;1971 ch.84 §1 p.186. |
| https://law.justia.com/codes/idaho/title-73/chapter-1/section-73-108/ | Complete holiday/substitution provision; latest listed2002 ch.146 §3 p.423. |
Page · Read bounds · 3 data rows
| Page | Read bounds |
|---|---|
| PDF index 0, first unnumbered page | Order title and adoption language; unrelated family-rule amendments excluded from merits |
| PDF index 1, second unnumbered page | Complete Rule 40(b) amendment; complete amended Rule 46 paragraph; immediate-effect clause and instruction that markup is not permanent rule text |
| PDF index 2, third unnumbered page | Publication directive, April 28, 2022 date, signature/attestation and certification of copy; personal names not reproduced |
Literal URL or material · Actual result · 6 data rows
| Literal URL or material | Actual result |
|---|---|
| https://legislature.idaho.gov/statutesrules/idstat/Title12/T12CH1/SECT12-120/ | Fresh official section attempt inaccessible |
| https://legislature.idaho.gov/statutesrules/idstat/Title12/T12CH1/SECT12-121/ | Fresh official section attempt inaccessible |
| https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2017/legislation/H0097.pdf | Actual legislative link followed; restricted/inaccessible |
| https://isc.idaho.gov/rules/Order-Amending-Appellate-Rules.pdf | Ordinary historical order route returned404 |
| API-hosted original orders, forms and technical guide | Not opened |
| Incidental cases/opinions/dockets and legislative roll-call identities | Not opened or relied on |
Claim · Precise proposition · Source/pinpoint · 51 data rows
| Claim | Precise proposition | Source/pinpoint | Status |
|---|---|---|---|
| C001 | Official cost/fee rules and a material adopted amendment were read; statutory currentness remains provisional. | S001–S008 | O/P/L/H |
| C002 | District appellate, higher appellate and Court of Appeals roles are distinct. | Rule83(f),(n),(q); IAR101,110 | O/H |
| C003 | Prevailing status and mixed allocation require the applicable rule and determination. | IAR40(a); Rule54(d)(1)(A)–(B),(2) | O/H |
| C004 | New-trial and modified-judgment cost discretion is separately stated. | §12-107 | P |
| C005 | Voluntary/stipulated dismissal cost/fee provisions have different conditions. | IAR32(b),33 | O |
| C006 | Current enumerated appellate costs are not the entire trial-cost schedule. | IAR40(b) | O |
| C007 | The adopted2022order deleted the former brief-production allowance. | S006, PDF index1 | O |
| C008 | The current Rule40disk reference points to a repealed Rule26.1provision. | IAR40(b)(2);26.1 | O/H |
| C009 | Supersedeas-premium recovery has a timely written-nonexecution exception. | IAR40(b)(4);16(b) | O |
| C010 | Cost memoranda have an opinion-based filing/service period and express untimely waiver. | IAR40(c) | O |
| C011 | Cost objections have a service-based period; appellate and civil waiver wording differ. | IAR40(d);Rule54(d)(5) | O/H |
| C012 | No single district-appellate cost trigger was invented from the IRCP/IAR fallback. | Rule83;IAR40;Rule54 | O/H |
| C013 | First-brief fee claim and later permission are procedural conditions. | IAR41(a);35(a)(5),(b)(5) | O |
| C014 | Procedural fee rules do not alone create every substantive entitlement. | IAR41(b)–(c);Rule54(e)(1) | O/H |
| C015 | Amount claim, affidavit, paralegal and research costs have separate requirements. | IAR41(d) | O |
| C016 | Court may determine amount or remand for evidence and determination. | IAR41(d) | O |
| C017 | Section12-120(1)uses the pleaded threshold, demand and tender conditions. | §12-120(1) | P |
| C018 | The counterclaim demand exception is not universal for all later claims. | §12-120(2) | P |
| C019 | Enumerated debt categories and commercial-transaction definition are distinct. | §12-120(3) | P/H |
| C020 | Personal-injury, collection and small-claims branches are not ordinary appellate formulas. | §12-120(4)–(6) | P/H |
| C021 | Section12-121requires prevailing status and its specified finding, not mere defeat. | §12-121;Rule54(e)(2) | P/O |
| C022 | Section12-117has public/private, partial-success and separate government-to-government branches. | §12-117(1)–(4) | P |
| C023 | Definitions and the $25,000cross-reference remain exact and distinct from §12-120. | §12-117(6)–(7);§67-5201(4) | P/H |
| C024 | Public payment provisions and initial waivers do not themselves eliminate adverse-award exposure. | §§12-118–119,31-3220(8) | P |
| C025 | Actual contract entitlement and substantive nonwaiver remain missing predicates. | Rule54(e)(1),(8);scope | O/H |
| C026 | All twelve civil fee-amount factors were read; no federal formula substituted. | Rule54(e)(3) | O/H |
| C027 | Claimed method, allocation, reasonableness and judicial amount remain distinct. | IAR41(d);Rule54(e) | O/H |
| C028 | Civil fee objections, hearing, reasons and client-fee relationship have specific rules. | Rule54(e)(5)–(8) | O |
| C029 | Section12-123was not authenticated as an independent appellate fee source. | §12-123 | P/H |
| C030 | Appellate signing sanctions have a predicate, permitted targets and causal expense component. | IAR11.2(a) | O/H |
| C031 | Enlarged-record sanctions require the stated finding and notice/opportunity. | IAR19(e) | O |
| C032 | Nonappearance sanctions differ from missing-brief argument restrictions. | IAR37(d)–(e) | O |
| C033 | Nonjurisdictional procedural failures do not automatically yield fees or merits loss. | IAR21;Rule83(m) | O/H |
| C034 | Sanctions and ordinary awards have different procedural and constitutional predicates. | IAR11.2,19,32,37 | O/H |
| C035 | Filing, service, support, and declaration qualifications are distinct. | IAR20,32,40–41;Rule2.7;§9-1406 | O/P/H |
| C036 | Electronic submission, acceptance and service events are not interchangeable. | IREFS11–12,17–18 | O |
| C037 | Rejection correction and technical failure have separate relation-back conditions. | IREFS13–14 | O/H |
| C038 | Opinion-based and service-based periods do not receive universal mail/electronic additions. | IAR22;Rule2.2;IREFS17(h) | O/P/H |
| C039 | Rule46requires good cause and preserves its excluded filings and exact objection event. | IAR46 | O |
| C040 | Unresolved taxation does not necessarily delay remittitur. | IAR38(d),40(f),41(d) | O |
| C041 | Later or amended cost/fee statements follow the specified clerk/lower-court mechanism. | IAR40(f),41(d);§12-114 | O/P |
| C042 | Lower-court trial fees and provisional appellate advances are not final appellate entitlement. | IAR13(b)(9),(12) | O |
| C043 | Cost/fee motions do not automatically restart merits-appeal time or establish a stay. | IAR14;Rule83(b);read boundaries | O/H |
| C044 | The2022order supplies actual adopted deletion/effectiveness evidence, within its bounds. | S006 | O |
| C045 | The2017fee-amendment mirror is not the final official act. | S005;Rule54(e)(2) | L/O/H |
| C046 | Current official statutes and complete intervening histories remain held. | S004–S008 | H |
| C047 | A fee affidavit does not authorize disclosure of protected material. | IREFS15 | O/H |
| C048 | The prior Rule46motion-service correction is preserved, not reopened or contradicted. | IAR46;S006 | O/reuse |
| C049 | Source failures, historical text and actual reads are separately recorded. | S001–S008 | Provenance |
| C050 | Special regimes and judicial/constitutional construction remain exact dependencies. | Section13 | H |
| C051 | No actual award, conduct, fee amount or outcome was determined; prior holds remain. | Research record | Certain |
Quantity/relation · Legal base/reference event · Qualification · 22 data rows
| Quantity/relation | Legal base/reference event | Qualification |
|---|---|---|
| Fourteen days | Filing and announcement of appellate opinion | Cost memorandum filed and served; rehearing/review does not itself defer |
| No later than fourteen days | Service of cost memorandum | Cost objection filed and served with reasons |
| Same procedure as cost objection | Fee amount opposition | IAR41incorporation |
| Concurrently with/as part of cost memorandum | Fee amount claim after entitlement | Computation-method affidavit |
| First appellate brief | Fee-right assertion | Later claim only by court permission |
| Original only; no court copies | Cost/fee memoranda, objections and supporting/opposing briefs | Service remains required |
| Mailing date | IAR40memo/objection filing treatment | Electronic scope distinguished |
| Seven days of notice-of-appeal filing | Written nonexecution agreement exception | Supersedeas-premium taxation; no stay report |
| $6 per page | Former original-brief production category | Deleted effective April28,2022; not current allowance |
| No current disk charge applied | RepealedRule26.1reference | Historical disk rates not revived |
| $35,000 or less | §12-120(1)amount pleaded | Subsections(3)/(4)exceptions |
| Not less than ten days before commencement | Plaintiff’s written demand under(1) | No actual demand; counterclaim exception separately stated |
| At least95% | Precommencement tender compared with plaintiff’s award | No values or comparison performed |
| $25,000 or less | §12-117(7)person’s pleaded amount | Additional §12-120requirements; not changed to35,000 |
| Portion on which party prevailed | §12-117(2) | No-reasonable-basis finding tied to that portion |
| Twelve factors | Rule54(e)(3) | No numeric weighting or automatic formula |
| Reasonable cost, reasonably necessary | Automated research | Court finding required |
| No universal ordinary-appellate percentage/multiplier/cap authenticated | Amount-setting | Small-claims collection cap not transferred |
| Before trial or within21days after judgment | §12-123text | Not adopted as appellate fee deadline or authority |
| Fees both reasonably incurred and necessitated | §12-123limit | Boundary reading, no actual sanction |
| Regular operating budget | §12-117payment branch | Insufficiency incorporations held |
| No automatic adverse-cost immunity | §31-3220(8) | Initial waiver and final judgment differ |
Quantity/relation · Reference event · Qualification · 11 data rows
| Quantity/relation | Reference event | Qualification |
|---|---|---|
| No later than fourteen days after judgment entry | Rule54cost memo | Not silently substituted for higher opinion-based trigger |
| After verdict/decision; premature memo timely | Rule54(d)(4) | Route/application remains necessary |
| Fourteen days after service | Rule54motion to disallow | Express waiver if untimely under that rule |
| After hearing or objection-time expiry | Civil cost/fee amount order | Timely amount objection requires reasons/factors |
| Fourteen days after service | Rule83/IAR32ordinary motion opposition | More specific cost provision controls where applicable |
| At least twenty-one days before merits argument | Specified IAR32noncompliance dismissal motion | No invented no-argument-case deadline |
| Before opinion issuance | Voluntary/stipulated dismissal branch | Cost/fee agreement or discretionary taxation |
| No fixed numeric period stated | Court’s fee-amount remand or later taxed-cost amendment | Applicable order/construction required |
| Reasonable causal expenses | Signing/nonappearance/record sanctions | No automatic total or prevailing requirement imported |
| Notice and opportunity to respond | IAR19(e)monetary sanction | No universal day count stated |
| No universal safe-harbor period | IAR11.2 | No federal/trial-rule substitution |
Quantity/relation · Legal event/base · Qualification · 12 data rows
| Quantity/relation | Legal event/base | Qualification |
|---|---|---|
| Trigger day excluded; qualified last day | IAR22 | Saturday/Sunday/nonjudicial-day qualification |
| Intermediate days counted; clerk-inaccessibility branch | IRCP2.2within scope | No actual closure or date |
| Three additional days | Act due after service by mail under applicable civil rule | Not automatically applied to opinion entry or every appellate act |
| After5p.m.: one additional day | Party electronic service underIREFS17(h) | Not a universal filing extension |
| 12:01a.m.–midnight | Court-local filing day | Acceptance and nonbusiness-day provisions retained |
| Three business days excluding legal holidays | Rejected-filing correction | Required request and next-judicial-day qualification |
| Seven business days excluding legal holidays | Technical-failure resubmission after notice of failure | Satisfactory proof required |
| Seven days after motion service | Written objection seeking review of ex parte extension | Clerk separately serves order |
| Good cause | IAR46extension | Excluded filing categories remain |
| Filed written stipulation / court approval where required | General extension interfaces | Not automatic waiver of Rule40deadline |
| Fourteen/seven/two days before hearing, received | IRCP7ordinary motion papers | Not a replacement for a specific appellate cost period |
| No automatic confidentiality from fee label | Filing privacy | Protected identifiers/examples not supplied |
Quantity/event · Relation · Limit · 10 data rows
| Quantity/event | Relation | Limit |
|---|---|---|
| Opinion filing equals announcement | IAR38(a) | Not later actual receipt by default |
| Remittitur before final taxation | Permitted by IAR38/40 | No automatic delay |
| Later itemized statement/amendment | Clerk forwards when available | No invented objection restart |
| Amount added to lower judgment/order | IAR40(f)/41(d) | Full interest/enforcement held |
| April28,2022 | Adopted order date and immediate effect | Actual order read |
| January24,2019 | Published Rule26.1repeal and IAR41amendment | Original2019order failed |
| March1,2017 | Reported statutory effective date and Rule54reference | Final H0097act not recovered |
| April28,2022/July1,2022 | Rule32amendment/effectiveness | Distinct from Rule46same-day effect |
| 2025 | Statutory reproduction edition | Not official2026authentication |
| Unknown | Actual prevailing status, fee source, contract, payment, necessity, causation, service, opinion, remittitur, conduct | None supplied or inferred |
Branch · Missing predicate · Supported consequence · 27 data rows
| Branch | Missing predicate | Supported consequence | Adverse inference to avoid | Exact next inquiry |
|---|---|---|---|---|
| B01—route | Correct appellate posture and governing procedure | Applicable cost/fee framework | Same clerk and trigger for every route | Rule83/IAR/IRCP construction |
| B02—prevailing | Actual result compared with relief and governing law | Possible costs/fee status | Any favorable issue guarantees all fees | Mixed-result/remand construction |
| B03—dismissal | Correct voluntary/stipulated branch | Conditional allocation | Dismissal always produces mandatory fees | Rule32/33and substantive source |
| B04—cost item | Listed or otherwise lawfully ordered expense | Possible taxation | Deposit or invoice proves recoverability | Rule40and applicable order |
| B05—disks | Current valid basis beyond repealed reference | Exact hold | Old disk prices or new copy fees silently substituted | Adopted reconciliation/current authority |
| B06—bond premium | Written agreement and exact timing | Exception may apply | Bond principal or security waiver equals premium taxation | Rule40/16relation |
| B07—memo | Correct opinion event, filing and service | Claim considered under rule | Rehearing automatically suspends filing | |
| B08—objection | Proper service event and specified grounds | Court determination | Trial-rule objection waiver copied wholesale | |
| B09—first brief | Timely claim or permitted later claim | Fee-right request | Claim alone supplies substantive entitlement | |
| B10—§12-120(1) | Pleaded threshold/demand/tender predicates | Statutory fee branch | Award amount substitutes for pleaded amount | |
| B11—§12-120(3) | Covered obligation and no contrary law | Possible mandatory reasonable fee | Personal-purpose definition erases every listed category | |
| B12—§12-121 | Prevailing status and required finding | Discretionary reasonable fee | Losing proves frivolity | |
| B13—public actor | Defined adverse parties and statutory conditions | Applicable §12-117branch | Every government participant has identical standard | |
| B14—contract | Lawful applicable fee term and authority | Possible contractual source | Boilerplate or alleged agreement proves entitlement | |
| B15—amount | Competent support and applicable factors | Judicial amount determination | Claimed method or invoice proves necessity | |
| B16—allocation | Compensable claims/work and governing standard | Conditional apportionment | Universal percentage or multiplier | |
| B17—fee waiver | Actual lawful waiver and statute | Initial payment relief | Immunity from later adverse award | |
| B18—signing sanction | Specific certification violation and process | Appropriate sanction | Every defective paper automatically yields fees | |
| B19—record sanction | Irrelevance, vexatious/unreasonable enlargement, cost effect | Defined cost denial/sanction | Every unused document sanctionable | |
| B20—nonappearance | Applicable actor/event and lawful determination | Possible sanction | Nonappearance proves merits | |
| B21—§12-123 | Appellate applicability not authenticated | Held boundary | Trial period becomes IARfee deadline | |
| B22—electronic correction | Rule-specific timely request and proof | Conditional relation back | Technical allegation automatically excuses | |
| B23—counting | Correct event, method and applicable rule | Scoped computation | Universal mail/after-hours addition | |
| B24—remittitur | Actual award and later determination | Ministerial insertion/transmission | Unresolved amount always blocks finality | |
| B25—advance | Proper authority/order and later review | Provisional amount possible | Advance settles ultimate fee entitlement | |
| B26—history | Final statutes/original orders | Exact gap may close | Mirror/footer proves all application dates | |
| B27—constitutional/special | Independent legal coverage | Held dependency | State generic rule resolves federal or sector law |
Separate inquiry · Required authority or question · 14 data rows
| Separate inquiry | Required authority or question |
|---|---|
| Current official statutory text | Legislature-hosted §§12-101,107,114,117–123 and indispensable incorporations; complete adopted histories |
| District-appellate taxation mechanics | Exact treatment of Rule83’s IRCP/IAR fallback, governing trigger, court direction, and remand-specific procedure |
| Substantive contract/consumer restrictions | Actual lawful fee authority cannot be established without the appropriate generic contract, consumer-credit, instrument, sector, and nonwaiver law |
| Prevailing-party construction | Mixed judgments, cross-appeals, interlocutory success, remands, partial victories, and multiple-party allocation |
| Fee-amount construction | Applicable appellate factors, compensable work, fee-litigation work, allocation, enhancements, and duplicate-recovery limits |
| Objection/correction after taxation | Complete authority for later correction, reconsideration, amended statements, and any new response opportunity; no invented universal period |
| Section12-123appellate scope | Judicial construction or complete controlling generic authority; not assumed from civil-case wording |
| Public-budget insufficiency | §67-2018 and title6 chapter9; state/agency capacity and constitutional-function exclusions |
| Sanction process | Constitutional notice/hearing requirements, proportionality, permissible targets/recipients, inherent authority, ICAR59 and professional discipline |
| Security/enforcement | Full bond, stay, judgment interest, lien, collection, satisfaction and bankruptcy rules |
| Privacy and privilege | Disclosure of billing/support materials, confidentiality, redaction, sealing, privilege waiver and access |
| Federal/local/tribal/interstate | Independent fee-shifting, jurisdictional, sovereignty, special-proceeding and applicable federal regimes |
| Original-order history | Unrecovered 2019 cost/fee order and other intervening orders; only the identified2022adopted order was authenticated here |
| Further appellate practice | Rehearing, discretionary review, remittitur recall/enforcement, standards and merits |
Field · Entry · 30 data rows
| Field | Entry |
|---|---|
| Appellate route | |
| Authority and edition | |
| Official-current-text status | |
| Prevailing-party provision | |
| Mixed-result/allocation condition | |
| Cost category | |
| Cost exclusion or exception | |
| Substantive fee source | |
| Statutory actor/claim predicate | |
| Contract dependency | |
| First-brief claim requirement | |
| Entitlement determination | |
| Cost-memorandum trigger | |
| Filing and service acts | |
| Fee-support requirement | |
| Objection reference event | |
| Amount factors | |
| Compensable-work boundary | |
| Court/remand amount authority | |
| Sanction source | |
| Conduct/causation predicate | |
| Notice/opportunity requirement | |
| Electronic filing condition | |
| Counting/extension rule | |
| Remittitur treatment | |
| Receiving-court duty | |
| Public-payment/waiver distinction | |
| Privacy/privilege dependency | |
| Missing original authority | |
| Review status |
Requested issue · Disposition · Claims/sources · 33 data rows
| Requested issue | Disposition | Claims/sources | Exact remaining gap |
|---|---|---|---|
| 1—ordinary rule scope | Complete IAR40–41and necessary routes read | C001–C002 | Current statutes and route-specific construction |
| Magistrate-to-district | Necessary Rule83clauses read | C002,C012 | Universal trigger selection not invented |
| Higher/Court of Appeals | Rules101/110and complete taxation rules | C002,C040–C041 | No actual assignment/award |
| Actors/decision functions | Distinguished | C014–C016,C041 | No actual entitlement |
| Special routes | Explicitly excluded | C050 | Separate regimes |
| 2—cost categories | Complete Rule40list | C006–C009 | Repealed-disk reference |
| Former reproduction allowance | Adopted deletion authenticated | C007,C044 | Historical application not selected |
| Prevailing/mixed/reversal/remand | Rule/statute relations read | C003–C005 | Judicial construction |
| Deposits versus taxation | Distinguished | C006,C024 | No initial-fee report rerun |
| Fee waiver versus immunity | Necessary statute read | C024 | No eligibility |
| 3—substantive fees | Complete material statutory bodies provisionally read | C017–C025 | Official current/final originals |
| Consumer/commercial/instrument | Exact branches retained | C019 | Actual classification/other law |
| Frivolous/unreasonable basis | §121and§117distinguished | C021–C023 | No conduct finding |
| Public actors | Definitions/portion/payment branches | C022–C024 | Budget and constitutional incorporations |
| Contract/nonwaiver | Explicit predicate and hold | C025 | No private contract |
| 4—requests/objections | Complete IAR40–41mechanics | C010–C016 | Actual events absent |
| Civil-rule comparison | Read without universal substitution | C012,C028 | District/remand construction |
| Electronic service/computation | Necessary complete bodies | C035–C039 | Actual failure/service and statutory currency |
| Rule46corrected relation | Preserved and freshly confirmed | C039,C048 | No calendar |
| 5—amount | All Rule54factors and IAR41method read | C015–C016,C026–C028 | No universal formula |
| Allocation/adjustment | Source-specific boundaries | C027 | Actual work and judicial construction |
| Blank worksheet | Supplied | Section14 | No inputs |
| 6—sanctions | Necessary appellate clauses complete | C029–C034 | Full due process/discipline |
| Notice/opportunity/causation | Preserved by branch | C030–C034 | No actual predicate |
| Nonfiling/nonappearance | Distinguished | C032–C033 | No automatic merits/fee result |
| 7—postdecision handling | Complete narrow rules | C040–C043 | Full review/enforcement excluded |
| Original adopted evidence | 2022order visually read | C044 | Other orders/final statutes held |
| 2017statutory history | Mirror/version status retained | C045–C046 | Final official act |
| 2025–2026status searches | Bounded discovery | S007 | No no-change assertion |
| Sources/read bounds/failures | Supplied | Section9 | Exact limitations preserved |
| Quantities/branches | Supplied | Sections11–12 | No calculations |
| Prior findings/holds | Unchanged | C051 | No earlier gap closed by implication |
| Idaho/dimension4/A066/parent | Not accepted complete | Entire report | Recorded dependencies remain |
Material · Actual use · 11 data rows
| Material | Actual use |
|---|---|
| Official IAR 40–41 | Complete operative bodies and displayed histories |
| Necessary IAR/IRCP/e-filing provisions | Complete or expressly bounded reads listed above |
| 2022 adopted order | Relevant actual page images read, including deletion, effectiveness, date and certification |
| 2017 H0097 | Complete introduced mirror and generic reported status; incidental named judicial reference not investigated |
| Official statutory routes | Fresh failures recorded |
| 2025 statutory reproductions | Complete listed bodies and necessary definitions, kept provisional |
| Currentness searches | Generic section/rule/year queries; special-sector results not treated as ordinary appellate law |
| Rule26.1 | Complete historical text read only to identify repeal/reference conflict; old rates not revived |
| Cases/opinions/dockets/rosters | Incidental results not opened or relied on |
| Actual invoices, contracts, billing, accounts, costs, fees, parties or conduct | Not requested or assessed |
| Prior local review files/raw reports | Supplied scope and correction descriptions only; no local-file inspection claim |
Document · Read bounds · Pixel inspection · 3 data rows
| Document | Read bounds | Pixel inspection |
|---|---|---|
| 2017 H0097 introduced mirror | Complete one-page §§1–4; substantive reliance on amendment/repeal/effective clauses | Page1/PDFindex0 |
| April28,2022adopted order | Relevant Rule40/46amendments, effectiveness, date/attestation; unrelated family amendments not applied | Unnumbered pages1–3/PDFindices0–2 |
| Failed official H0097 and 2019order routes | No operative body recovered | None |
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
These components repair their stated scope. They do not replace every other finding in this research series.
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Keep the source version, actual read extent and jurisdiction with the proposition. A link or researcher access claim is not a substitute for an operative primary passage.
Recorded check status: current IAR fresh and documented prior text compared
Recorded check status: current IRCP fresh and documented prior text compared
Recorded check status: 12 actual prior IREFS bodies scoped comparison
Recorded check status: secondary statutes not current primary verified
Recorded check status: introduced mirror status retained not final act verified
Recorded check status: adopted 2022 order actual three page pixels verified
Recorded check status: prior locator and bounded search record not history authentication
Recorded check status: historical source failures and unopened incorporations retained
The saved component-level coverage record keeps answered, partial, blank and unresolved branches distinct. A coverage label is not acceptance of a whole subject or jurisdiction.
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
No currently queued material correction is mapped to this component. This does not remove its currentness, access, jurisdiction or application limits.
scoped review complete bounded21cellcompletion resolved other holds preserved
Inside: 1. Corrected sentence · 2. Source and read-status register · Document identity
Inside: Displayed history—not an original-order audit · Original claim retained · 3.1 Without-cause branches
Inside: 1. Replacement history rows · 2. Replacement quantity row · 3. Source and usage register
Inside:
Inside: Replacement quantity row · Source and traceability patch · Read log and preserved gaps
Inside: Controlling result · 1. How Idaho defines and classifies the relevant conduct · 1.1 The statutory classification is functional
Inside: 1. Stable reference aliases · 1.1 Immutable P1 source identities · 1.2 Exact inline-reference replacements
Inside: Bottom-line disposition · A1. C004 — credit-repair definition and exclusions · Substantive disposition
Inside: Current-source limitation · 1. Which models Idaho’s account and funds provisions reach · 1.1 Section 26-2233 uses an actual-custody trigger
Inside: Principal findings · 3.1 Necessary actor and relationship boundaries · 3.2 Collection agency–creditor-client contracts
Inside: 1. Principal findings · Status key · 2.1 General contracts and accounts
Inside: Evidence status · 1.1 Earnings, disposable earnings, and the proceeding being regulated · Earnings versus other property
Inside: Principal findings · 1.1 Different proceedings and legal objects · 1.2 Prejudgment attachment is not ordinary postjudgment collection
Inside: Principal findings · 1.1 Different legal questions must remain separate · 1.2 Roles and consumer categories
Inside: Principal findings · 1.1 Trust deed, mortgage, title, and obligation · 1.2 Property and acreage predicates
Inside: Principal findings · 1.1 Actor and authority comparison · 1.2 Idaho extraordinary collection action is a defined category
Inside: Principal findings · 1.1 Product and actor matrix · 1.2 Territorial and exemption qualifications
Inside: 1.1 Replacement for P9 § 4.5 · 1.2 Disposition and collection are separate clauses · Effective/application status
Inside: Principal findings · 1.1 Instrument, debt, property, and possession · 1.2 Judicially foreclosed trust deeds
Inside: Principal findings · 1.1 Distinct legal objects · 1.2 Actor and property categories
Inside: Evidence disposition · Principal findings · 1.1 Actor and service distinctions
Inside: Principal findings · 1.1 Product and actor distinctions · 1.2 Territorial and exemption conditions
Inside: Principal findings · 1.1 Legal-category comparison · 1.2 Chapter 36 exclusions
Inside: Principal findings · 1.1 Execution, exemption, ownership, and debt are different questions · 1.2 Individual, dependent, and residence predicates
Inside: Principal findings · 1.1 Product and actor comparison · 1.2 Idaho nexus and exclusions
Inside: Evidence disposition · Principal findings · 1.1 Distinct court questions
Inside: Evidence disposition · Principal findings · 1.1 Small claims is a distinct procedural route
Inside: Evidence disposition · Principal findings · 1.1 Applicable rule systems
Inside: Evidence disposition · Principal findings · 1.1 Ordinary discovery versus other proceedings
Inside: Evidence disposition · Principal findings · 1.1 Procedural posture matters
Inside: Evidence disposition · Principal findings · 2.1 Interest categories and controlling events
Inside: Evidence disposition · Principal findings · 2.1 Constitutional and statutory framework
Inside: Evidence disposition · Principal findings · 1.1 Reuse versus new evidence
Inside: Evidence disposition · Principal findings · 1.1 Reuse versus new evidence
Inside: Evidence disposition · Principal findings · 1.1 Reuse versus new work
Inside: Evidence disposition · 1.1 Assessment, levy, bill, delinquency, and lien are different · 1.2 Property categories
Original saved Markdown SHA-256: c7b351cbd19266ebb47c9adac3c8046bc5d646306499ff11634cedcaa77057f2. Public formatting, private-reference removal and correction annotations are separate from that immutable original.