Rule 17 - Notice of appeal - Contents A notice of appeal shall contain substantially the following information:
(a) Title. The title of the action or proceeding.(b) Court or Agency Title. The title of the court or agency which heard the trial or proceeding and the name and title of the presiding judge or official.(c) Case Number. The number assigned to the action or proceeding by the trial court or administrative agency.(d) Parties. The name of the appealing party and the party's attorney and the name of the adverse party and that party's attorney. An address, phone number and email address must also be given, except no email address is required for persons appearing pro se.(e) Designation of Appeal.(1) A Designation of the Judgment or Order Appealed From. The notice of appeal shall designate and have attached to it a copy of the judgment or order appealed from which shall be deemed to include, and present on appeal: (A) All interlocutory judgments and orders entered prior to the judgment, order or decree appealed from, and(B) All final judgments and orders entered prior to the judgment or order appealed from for which the time for appeal has not expired, and(C) All interlocutory or final judgments and orders entered after the judgment or order appealed from except orders relinquishing jurisdiction after a period of retained jurisdiction or orders granting probation following a period of retained jurisdiction.(2) Premature Filing of Notice of Appeal. A notice of appeal filed from an appealable judgment or order before formal written entry of such document shall become valid upon the filing and the placing the stamp of the clerk of the court on such appealable judgment or order, without refiling the notice of appeal.(f) Issues. A preliminary statement of the issues on appeal which the appellant then intends to assert in the appeal; provided, any such list of issues on appeal shall not prevent the appellant from asserting other issues on appeal.(g) Jurisdictional Statement. A statement as to the basis for the right to appeal to the Idaho Supreme Court from the judgments or orders described in paragraph 1 of the notice of appeal.(h) Transcript. A designation as to whether a transcript is requested, and if requested, whether a standard transcript, a supplemented transcript, or a partial transcript as defined in Rule 25 is requested by the appellant. The notice shall also state whether appellant's copy of the transcript shall be provided in hard copy or electronic format or both. If no election is made within 21 days of filing the notice of appeal, the appeallant will receive a hard copy of the transcript. If a supplemented transcript is requested, the request shall specifically identify each of the items of additional record requested which would otherwise be excluded under Rule 25(c).(i) Record. A designation of documents, if any, to be included in the clerk's or agency's record in addition to those automatically included pursuant to the following Rule 28.(j) Exhibits-Civil Cases. A designation of documents, charts, or pictures offered or admitted as exhibits in a trial or hearing to be copies and sent to the Supreme Court.(k) Sealed Record. A statement as to whether an order has been entered sealing all or any part of the record or transcript.(l) Certification. A certification of the attorney of the appellant, or affidavit of the appellant representing himself or herself: (1) That service of the notice of appeal has been made upon the reporter of the trial or proceeding;(2) That the clerk of the district court or administrative agency has been paid the estimated fees for preparation of the designated reporter's transcript as required by Rule 24, or that appellant is exempt from paying such fees because of stated reasons;(3) That the estimated fees for preparation of the clerk's or agency's record have been paid, or that appellant is exempt from paying such fees because of stated reasons;(4) That all appellate filing fees have been paid, or that appellant is exempt from paying such fees because of stated reasons; and(5) That service has been made upon all other parties required to be served pursuant to Rule 20, and that in all cases referred to in Section 67-1401(1), Idaho Code, service has been made upon the attorney general of the state of Idaho. The appellant shall not be required to certify the payment of estimated fees in criminal appeals, appeals from denial of a petition for writ of habeas corpus, or petitions for post-conviction relief, if the district court has entered an order, or thereafter enters an order within 14 days of filing the notice of appeal, that such costs shall be at county expense.
(m) Amended Notice of Appeal. - In the event the original notice of appeal erroneously states any of the information and requirements of this rule or additional facts arise after the filing of the initial notice of appeal, the appellant may thereafter file an amended notice of appeal correctly setting forth the facts and information. An amended notice of appeal shall be filed with the clerk of the district court in the same manner as the original notice of appeal but no filing fee shall be required. If the original notice of appeal was timely filed from an appealable judgment, order or decree, the amended notice of appeal will relate back to the date of filing of the original notice of appeal. If the amended notice of appeal includes a request for preparation of additional transcripts, the notice must include an estimate of the number of additional pages requested and a certification that the amended notice has been served on each reporter of whom a request for additional transcript is made. Except in capital cases, an amended notice of appeal may not be filed after the rwecord has been filed with the Supreme Court. (n) Signature. The name and signature of the attorney for the appellant, or name of appellant if the appellant does not have an attorney.(o) Form. The notice of appeal shall be in substantially the following form: (Appellant's Attorney's Name)
Attorney for Appellant
Post Office Address
Phone Number
Email Address (Email Address is required for attorneys)
IN THE DISTRICT COURT OF THE _ JUDICIAL DISTRICT OF THE STATE OF IDAHO,
IN AND FOR ________COUNTY
(IN THE (PUBLIC UTILITIES COMMISSION) (INDUSTRIAL COMMISSION) OF THE STATE OF IDAHO)
| (Title of original action or | ) | Case No. ______________ |
| proceeding together with the | ) | |
| additional designation of | ) | NOTICE OF APPEAL |
| parties as appellant | ) | |
| and) respondent) | ) | |
TO: THE ABOVE NAMED RESPONDENT(S), (Names) AND THE PARTY'S ATTORNEYS, (Names and Addresses) AND THE CLERK OF THE ABOVE ENTITLED COURT (ADMINISTRATIVE AGENCY).
NOTICE IS HEREBY GIVEN THAT:
1. The above named appellant(s) (Name) appeal(s) against the above named respondent(s) to the Idaho Supreme Court from (The final judgment) (The order, describing it) _________, entered in the above entitled action (proceeding) on the __________day of , (Honorable Judge) (Chairman) presiding. A copy of the judgment or order being appealed is attached to this notice, as well as a copy of the final judgment if this is an appeal from an order entered after final judgment.2. That the party has a right to appeal to the Idaho Supreme Court, and the judgments or orders described in paragraph 1 above are appealable orders under and pursuant to Rule ___________I.A.R. [ ] This is an EXPEDITED APPEAL pursuant to I.A.R. 12.2.
3. A preliminary statement of the issues on apeal which the appellant then intends to assert in the appeal; provided, any such list of issues on appeal shall not prevent the appellant from asserting other issues on appeal.4. Has an order been entered sealing all or any portion of the record If so, what portion5.(a) Is a reporter's transcript requested(b) The appellant requests the preparation of the following portions of the reporter's transcript in [ ] hard copy [ ] electronic format [ ] both (check one): e.g. (Specific proceedings identified by date and title of hearing if less than a standard trascript is being requested) or (The reporter's standard transcript as defined in Rule 25(c), I.A.R.) or (The reporter's standard trascript as defined in Rule 25(c), I.A.R. supplemented by the following:)
(Voir dire examination of jury)
(Closing arguments of counsel)
(The following reporter's partial transcript:)
(The testimony of witness "X")
(Conferences on requested instructions)
(Instructions verbally given by court) 6. The appellant requests the following documents to be included in the clerk's (agency's) record in addition to those automatically included under Rule 28, I.A.R.
e. g. (All requested and given jury instructions)
(The deposition of "X")
(Plaintiff's motion for continuance of trial)
7. Civil Cases Only. The appeallate requests the following documents, charts, or pictures offered or admitted as exhibits to be copied and sent to the Supreme Court.8. I certify: (a) That a copy of this notice of appeal has been served on each reporter of whom a transcript has been requested as named below at the address set out below: Name and address: ___________________________________
Name and address:____________________________________
Name and address:____________________________________
(b)(1) [ ] That the clerk of the district court or administrative agency has been paid the estimated fee for preparation of the reporter's transcript.(2) [ ] That the appellant is exempt from paying the estimated transcript fee because(c)(1) [ ] That the estimated fee for preparation of the clerk's or agency's record has been paid.(2) [ ] That the appellant is exempt from paying the estimated fee for the preparation of the record because(d)(1) [ ] That the appellate filing fee has been paid.(2) [ ] That appellant is exempt from paying the appellate filing fee because(e) That service has been made upon all parties required to be served pursuant to Rule 20 (and the attorney general of Idaho pursuant to Section 67-1401(1), Idaho Code). DATED THIS _ day of _, 20_.
/s/ Attorney's signature
____________________________
(Name of Attorney or Firm for Appellant)
Attorneys for the Appellant
(When certification is made by a party instead of the party's attorney the following affidavit must be executed pursuant to Rule 17(i) )
| State of Idaho | ) | |
| ) | ss. |
| County of _____________ | ) | |
_____________being sworn, deposes and says:
That the party is the appellant in the above-entitled appeal and that all statements in this notice of appeal are true and correct to the best of his or her knowledge and belief.
_____________________________
Signature of Appellant
Subscribed and Sworn to before me this _____ day of __________, 20_.
_____________________________
Title
Residence
Adopted March 25, 1977, effective 7/1/1977; amended March 31, 1978, effective 7/1/1978; amended April 11, 1979, effective 7/1/1979; amended December 27, 1979, effective 7/1/1980; amended April 18, 1983, effective 7/1/1983; amended March 30, 1984, effective 7/1/1984; amended June 15, 1987, effective 11/1/1987; amended March 27, 1989, effective 7/1/1989; amended March 26, 1992, effective 7/1/1992; amended April 3, 1996, effective 7/1/1996; amended January 30, 2001, effective 7/1/2001; amended March 24, 2005, effective 7/1/2005; amended January 3, 2008, effective 3/1/2008; amended February 4, 2008, effective 3/1/2008; amended March 19, 2009, effective 7/1/2009; amended January 4, 2010, effective 2/1/2010, amended March 29, 2010, effective 7/1/2010; amended March 18, 2011, effective 7/1/2011; amended November 20, 2012, effective 1/1/2013; amended September 1, 2015, effective 1/1/2016.