Amendments to the Appellate Rules -- Effective February 1, 2010

Here's a summary of appellate rule changes from Supreme Court Staff Attorney Cathy Derden:

Rule 12.1 on permissive appeal in custody cases has been amended to state that, in the event a notice of appeal to the district court is filed prior to the motion for permissive appeal, the magistrate shall retain jurisdiction to rule on the motion and, in the event the motion is granted by the Supreme Court, the appeal to the district court shall be dismissed.

Rule 17 on the notice of appeal has been amended to add a line to indicate if the appeal is an expedited appeal pursuant to Rule 12.2.

Rule 23 has been amended to delete the appellate filing fee for an appeal from the review of a violent sexual predator designation.

Rule 28 has been amended to delete language allowing the parties to request that certain documents be filed as an exhibit on appeal rather than as part of the clerk’s record.

Rule 30 on augmentation of the record has been amended to address documents with no filing stamp by allowing the moving party to establish by citation to the record or transcript that the document was presented to the district court.

Rules 42 and 118 on petitions for rehearing and review have been amended to clarify that the time for filing a petition for rehearing or review after an opinion has been modified is only referring to a substantive modification and not opinions that are modified to correct clerical errors.

Rule 49 relating to appellate settlement conferences has been amended to provide that the parties must file a request for such a conference and that a conference judge is to be selected from a list of settlement justices and judges maintained by the Administrative Director of the Courts. An order will be entered suspending the case for 49 days while the parties attempt a settlement but at the end of that time the appeal process shall resume. The parties will be responsible for payment of costs and for scheduling the settlement conference at a time convenient to all.

The order can be found on the court’s website at http://www.isc.idaho.gov/rulesamd.htm.