How long do I have to file a notice of appeal in Idaho?

42 days from the date evidenced by the filing stamp of the clerk of the district court on the judgment or order appealed from (I.A.R. 14(a)). The same 42-day, filing-stamp rule applies to an appeal from the magistrate division to the district court (I.R.C.P. 83(b)(1)(A)).

Does the Idaho appeal deadline run from service of the judgment?

No. Idaho has no notice-of-entry service trigger. The 42 days run from the date evidenced by the clerk's filing stamp on the judgment or order itself, whether or not anyone has been served (I.A.R. 14(a)).

Does a motion for new trial extend the time to appeal in Idaho?

It restarts the clock rather than pausing it. A timely motion for new trial, judgment notwithstanding the verdict, to amend the findings, or to alter or amend the judgment terminates the appeal period, and a new 42 days runs from the filing stamp on the order deciding that motion. A Rule 60 motion or a motion limited to costs or attorney fees does not restart the clock (I.A.R. 14(a)).

Can an Idaho court extend the notice-of-appeal deadline for good cause?

No. Idaho Appellate Rule 46 lets a court enlarge the time for most appellate acts for good cause, but it expressly excludes the physical filing of a notice of appeal, a notice of cross-appeal, or a petition for rehearing.

Where do I file an Idaho notice of appeal?

With the clerk of the district court that entered the judgment, never directly with the Idaho Supreme Court or Court of Appeals (I.A.R. 14(a)). A notice appealing a magistrate judgment is also filed with the district court clerk and served on the magistrate court appealed from (I.R.C.P. 83(c)).

Which court hears my Idaho appeal, the Supreme Court or the Court of Appeals?

It depends on who entered the judgment. A judgment entered by a district judge is appealed to the Idaho Supreme Court, which may assign the case to the Idaho Court of Appeals. A judgment entered by a magistrate judge in a case commenced in, or assigned to, the magistrate's division is appealed instead to the district court itself, not the Supreme Court (I.R.C.P. 83(a)(2)(A)).

Is there an official Idaho notice of appeal form?

No mandatory numbered form exists. For an appeal to the Idaho Supreme Court, Idaho Appellate Rule 17(a)-(l) sets out the required contents, and the Idaho Supreme Court publishes an unofficial sample notice that tracks that checklist. A magistrate-to-district appeal uses the shorter content list in I.R.C.P. 83(d).

How is an Idaho small claims appeal different from a regular notice of appeal?

It is a full trial de novo before a different lawyer magistrate, not a review of the trial record. Either party may appeal, except a party who defaulted or did not appear, and the notice must be filed within 30 days from the entry of the judgment, not from service or mailing (Idaho Code 1-2311; I.R.S.C.A. 15(a)-(b)).

Idaho Notice of Appeal

Q: Does filing an Idaho notice of appeal stop the other side from collecting the judgment?

On an appeal to the Idaho Supreme Court, only for 14 days. Filing the notice automatically stays proceedings and execution of judgments in the district court for 14 days, and that stay does not apply to civil protection orders (I.A.R. 13(a)). Continuing a stay of a money judgment past that point requires a cash deposit or supersedeas bond in the amount of the judgment plus 36 percent, or a written agreement by the judgment creditor not to execute (I.A.R. 13(b)(15); I.A.R. 16(b)).

Idaho counts the 42 days from the district court clerk's filing stamp on the judgment itself, and Idaho Appellate Rule 46 bars any court from extending that deadline.

Find out where you stand in Idaho

Where are you in the appeal?

DocDraft provides document preparation, not legal advice.

Introduction

In Idaho, a notice of appeal from a final civil judgment must be filed within 42 days from the date evidenced by the filing stamp of the clerk of the district court on the judgment or order appealed from, not from service of the judgment or any notice of its entry (Idaho Appellate Rule 14(a)). The identical 42-day, filing-stamp rule applies to an appeal from the magistrate division to the district court (I.R.C.P. 83(b)(1)(A)). A timely motion for new trial, judgment notwithstanding the verdict, to amend the findings, or to alter or amend the judgment does not merely pause the clock, it terminates the appeal period entirely, and a new 42 days runs from the filing stamp on the order deciding that motion, for every judgment and order in the action; a motion under Rule 60 or a motion addressed only to costs or attorney fees does not restart the clock (I.A.R. 14(a); I.R.C.P. 83(b)(1)(B)). Outside that list, the deadline generally cannot be extended: Idaho Appellate Rule 46 lets a court enlarge the time for most acts, but expressly excludes the physical filing of a notice of appeal. File the notice with the clerk of the district court that entered the judgment, never directly with the Idaho Supreme Court or Court of Appeals (I.A.R. 14(a)); an appeal from a magistrate judgment is also filed with the district court clerk and served on the magistrate court appealed from (I.R.C.P. 83(c)). Which appellate court then hears the case depends on who entered the judgment: a judgment from a district judge is appealed to the Idaho Supreme Court, which may assign the case to the Idaho Court of Appeals, while a judgment from a magistrate judge in a case commenced in, or assigned to, the magistrate's division is appealed instead to the district court itself (I.R.C.P. 83(a)(2)(A)). No cost bond is required to appeal (I.A.R. 16(a)). On an appeal to the Idaho Supreme Court, filing the notice automatically stays proceedings and execution of judgments in the district court for only 14 days, and that stay does not apply to civil protection orders (I.A.R. 13(a)); continuing a stay of a money judgment beyond that requires a cash deposit or supersedeas bond in the amount of the judgment plus 36 percent, or a written agreement by the judgment creditor not to execute (I.A.R. 13(b)(15); I.A.R. 16(b)). A notice appealing a magistrate judgment to the district court must state whether the appeal is on questions of law, fact, or both (I.R.C.P. 83(d)). The small claims route described below is different: it is a full trial de novo. This page covers a civil appeal from a final district or magistrate court judgment. Criminal, administrative agency, federal court, and interlocutory appeals follow separate procedures and are outside this page. Attorney review is available before you file.

Key Things to Know

1
The notice of appeal is due 42 days from the date evidenced by the filing stamp of the clerk of the district court on the judgment or order appealed from, not from service or notice of entry (I.A.R. 14(a); I.R.C.P. 83(b)(1)(A) for magistrate-to-district appeals). A timely motion for new trial, judgment notwithstanding the verdict, to amend the findings, or to alter or amend the judgment terminates the appeal period and restarts the full 42 days from the filing stamp on the order deciding that motion, except a Rule 60 motion or a motion limited to costs or attorney fees, which does not restart the clock (I.A.R. 14(a)).
2
The deadline generally cannot be extended. Idaho Appellate Rule 46 lets a court enlarge the time for most appellate acts but expressly excludes the physical filing of a notice of appeal, a notice of cross-appeal, or a petition for rehearing.
3
File the notice with the clerk of the district court that entered the judgment, never directly with the Idaho Supreme Court or Court of Appeals (I.A.R. 14(a)). Which appellate court hears the case depends on who entered the judgment: a district judge's judgment goes to the Idaho Supreme Court, which may assign it to the Idaho Court of Appeals, while a magistrate judge's judgment in a case commenced in, or assigned to, the magistrate's division is appealed instead to the district court itself (I.R.C.P. 83(a)(2)(A)).
4
For an appeal to the Idaho Supreme Court, Idaho Appellate Rule 17(a)-(l) requires detailed contents: the case title and number, the presiding judge, contact information for every party and attorney, the judgment or order appealed from with a copy attached, a preliminary statement of issues, a jurisdictional statement, whether a reporter's transcript is requested, and a signed certification that the reporter was served and required fees were paid or waived. A magistrate-to-district appeal instead uses the shorter I.R.C.P. 83(d) list: the courts appealed from and to, the date and heading of the judgment, whether the appeal is on law, fact, or both, how the proceedings were recorded and by whom, and a preliminary statement of issues. There is no mandatory numbered form, though the Idaho Supreme Court publishes an unofficial sample notice that tracks the Rule 17 checklist.
5
No cost bond is required to appeal (I.A.R. 16(a)). On an appeal to the Idaho Supreme Court, filing the notice automatically stays proceedings and execution of judgments in the district court for only 14 days, and that stay does not apply to civil protection orders (I.A.R. 13(a)). Continuing a stay of a money judgment beyond that requires a cash deposit or supersedeas bond in the amount of the judgment plus 36 percent, or a written agreement by the judgment creditor not to execute (I.A.R. 13(b)(15); I.A.R. 16(b)).
6
For a civil appeal to the Idaho Supreme Court, the district court clerk collects the $94 fee under I.A.R. 23(a)(1) plus county-fund surcharges at filing, so the total due at filing is more than $94 (Appendix A fee schedule effective July 12, 2024); a magistrate-to-district appeal costs $81.00; confirm the current fee with the clerk. An appellate filing fee may be waived for an indigent appellant under I.A.R. 23(c)-(e), but only if the Idaho Supreme Court approves.
7
A small claims appeal is a full trial de novo before a different lawyer magistrate, not a review of the record. Either party may appeal, except a party who defaulted or did not appear, and the notice must be filed within 30 days from the entry of the judgment, not from service or mailing (Idaho Code 1-2311; I.R.S.C.A. 15(a)-(b)).

Key decisions before you file

Before you file a Notice of Appeal in Idaho, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

Customize your Notice of Appeal Template with DocDraft

IN THE DISTRICT COURT OF THE [JUDICIAL DISTRICT NUMBER] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

NOTICE OF APPEAL

TO: THE ABOVE-NAMED [RESPONDENT NAME] AND ATTORNEY(S) OF RECORD, AND THE CLERK OF THE ABOVE-ENTITLED COURT.

NOTICE IS HEREBY GIVEN THAT:

[APPELLANT NAME], the [PLAINTIFF OR DEFENDANT] above, appeals to the [IDAHO SUPREME COURT, OR THIS DISTRICT COURT IF A MAGISTRATE JUDGE ENTERED THE JUDGMENT] from the judgment or order described below, entered by the Honorable [JUDGE NAME], [DISTRICT JUDGE OR MAGISTRATE JUDGE].
This appeal is taken from the [DESCRIPTION OF THE JUDGMENT OR ORDER APPEALED FROM] filed-stamped on [DATE OF FILING STAMP]. A copy of the judgment or order appealed from is attached to this notice (I.A.R. 17(e)(1)).
This notice is filed within 42 days from the date evidenced by the clerk's filing stamp on the judgment or order appealed from (I.A.R. 14(a)). [IF APPLICABLE: A motion for [NAME OF QUALIFYING MOTION UNDER I.A.R. 14(a)] was filed on [DATE], terminating and restarting the time to appeal from the filing stamp on the order deciding that motion.]
Preliminary statement of issues on appeal, which does not limit the issues Appellant may raise: [ISSUES APPELLANT INTENDS TO ASSERT].
Jurisdictional statement: this appeal is taken as a matter of right under [STATUTE OR RULE GIVING THE RIGHT TO APPEAL].
A reporter's transcript [IS OR IS NOT] requested. [IF REQUESTED: The following portions are requested: [PORTIONS OF THE TRANSCRIPT REQUESTED].]
The following documents are requested for the clerk's or agency's record beyond the automatic record under Idaho Appellate Rule 28: [ADDITIONAL DOCUMENTS, OR NONE].
[SUPREME COURT APPEALS ONLY:] The following exhibits are requested to be copied and sent to the Supreme Court: [EXHIBITS, OR NONE].
[NO PART OF THE RECORD OR TRANSCRIPT IS SEALED, OR: THE FOLLOWING PART OF THE RECORD OR TRANSCRIPT IS SEALED: DESCRIPTION].
[MAGISTRATE APPEALS ONLY, UNDER I.R.C.P. 83(d):] This appeal is on [LAW, FACT, OR BOTH]. The proceedings were recorded by [METHOD], by [NAME].

CERTIFICATION

Appellant certifies that: (a) the reporter has been served with this notice as required by Idaho Appellate Rule 17(l); (b) the estimated fee for the reporter's transcript has been paid, arrangements for payment have been made, or the transcript has been waived; (c) the estimated fee for the clerk's or agency's record has been paid or waived; (d) the appellate filing fee has been paid or a motion for waiver has been filed; and (e) service has been made on all parties required under Idaho Appellate Rule 20.

[SUPREME COURT APPEALS ONLY:] Appellant understands that this notice stays district court proceedings and execution for only 14 days under I.A.R. 13(a), except for civil protection orders, and that a longer stay of a money judgment requires a cash deposit or supersedeas bond (I.A.R. 13(b)(15)) or a written agreement (I.A.R. 16(b)).

DATED this [DATE].

[SIGNATURE] [NAME OF APPELLANT OR ATTORNEY] [ADDRESS] [CITY, IDAHO ZIP] [PHONE] [EMAIL] [IDAHO STATE BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Notice of Appeal was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

Idaho Requirements for Notice of Appeal

42-Day Deadline Runs From the Filing Stamp
The notice of appeal must be filed within 42 days from the date evidenced by the filing stamp of the clerk of the district court on the judgment or order appealed from, not from service or notice of entry (I.A.R. 14(a); I.R.C.P. 83(b)(1)(A)).
Qualifying Motions Restart, Not Toll, the Clock
A timely motion for new trial, judgment notwithstanding the verdict, to amend the findings, or to alter or amend the judgment terminates the appeal period, restarting the full 42 days from the filing stamp on the order deciding that motion; a Rule 60 motion or a motion limited to costs or attorney fees does not restart the clock (I.A.R. 14(a)).
No Extension of the Notice-of-Appeal Deadline
Idaho Appellate Rule 46 lets a court enlarge the time for most appellate acts for good cause, but expressly excludes the physical filing of a notice of appeal, a notice of cross-appeal, or a petition for rehearing.
Filed With the District Court Clerk
The notice is filed with the clerk of the district court that entered the judgment, never directly with the Idaho Supreme Court or Court of Appeals (I.A.R. 14(a)); a magistrate judgment appeal is also filed there and served on the magistrate court appealed from (I.R.C.P. 83(c)).
Appellate Court Depends on District or Magistrate
A judgment entered by a district judge is appealed to the Idaho Supreme Court, which may assign the case to the Idaho Court of Appeals; a judgment entered by a magistrate judge in a case commenced in, or assigned to, the magistrate's division is appealed instead to the district court itself (I.R.C.P. 83(a)(2)(A)).
Rule 17 Required Contents of the Notice
For an appeal to the Idaho Supreme Court, Idaho Appellate Rule 17(a)-(l) requires the case title and number, the presiding judge, contact information for every party and attorney, the judgment or order appealed from with a copy attached, a preliminary statement of issues, a jurisdictional statement, the transcript request, and a signed certification that the reporter was served and fees were paid or waived. A magistrate-to-district appeal uses the shorter I.R.C.P. 83(d) list instead.
No Cost Bond but Only a 14-Day Automatic Stay
No cost bond is required to appeal (I.A.R. 16(a)). On an appeal to the Idaho Supreme Court, filing the notice automatically stays proceedings and execution of judgments in the district court for only 14 days; the stay does not apply to civil protection orders (I.A.R. 13(a)).
Supersedeas Bond to Continue the Stay
Continuing a stay of a money judgment beyond the automatic 14 days requires a cash deposit or supersedeas bond in the amount of the judgment plus 36 percent, or a written agreement by the judgment creditor not to execute (I.A.R. 13(b)(15); I.A.R. 16(b)).
Small Claims Appeal Is a Trial De Novo
A small claims appeal is a full trial de novo before a different lawyer magistrate, not a record review. Either party may appeal, except a party who defaulted or did not appear, within 30 days from entry of the judgment (Idaho Code 1-2311; I.R.S.C.A. 15(a)-(b)).

Find out where you stand in Idaho

Introduction

Key Things to Know

Key decisions before you file

Customize your Notice of Appeal Template with DocDraft

Idaho Requirements for Notice of Appeal

42-Day Deadline Runs From the Filing Stamp

Qualifying Motions Restart, Not Toll, the Clock

No Extension of the Notice-of-Appeal Deadline

Filed With the District Court Clerk

Appellate Court Depends on District or Magistrate

Rule 17 Required Contents of the Notice

No Cost Bond but Only a 14-Day Automatic Stay

Supersedeas Bond to Continue the Stay

Small Claims Appeal Is a Trial De Novo

Frequently Asked Questions