Section 12-101 – COSTS.
12-101. COSTS. Costs shall be awarded by the court in a civil trial or proceeding to the parties in the manner and in the amount provided for by the Idaho Rules of Civil Procedure. History: [12-101, added 1977, ch. 4, sec. 1, p. 9.]
Section 12-107 – COSTS ON APPEAL.
12-107. COSTS ON APPEAL. In the following cases the costs of appeal are in the discretion of the courts: 1. When a new trial is ordered. 2. When a judgment is modified. In all other cases the prevailing party shall recover costs, including his costs below when the appeal is to the district court. History: […]
Section 12-114 – TAXATION OF COSTS ON APPEAL IN SUPREME COURT.
12-114. TAXATION OF COSTS ON APPEAL IN SUPREME COURT. Whenever costs are awarded to a party by an appellate court, if he claims such costs he must tax the same before the clerk of the Supreme Court, subject to exception and review by the Supreme Court or the judges thereof, within such time and subject […]
Section 12-116 – ASSIGNMENT OF JURY COSTS.
12-116. ASSIGNMENT OF JURY COSTS. (1) If a civil action is settled by the parties involved therein within twenty-four (24) hours of the time for which the civil action is scheduled for trial, and/or notice of settlement is not given to the court at least twenty-four (24) hours before the scheduled trial time, the court […]
Section 12-117 – ATTORNEY’S FEES, WITNESS FEES AND EXPENSES AWARDED IN CERTAIN INSTANCES.
12-117. ATTORNEY’S FEES, WITNESS FEES AND EXPENSES AWARDED IN CERTAIN INSTANCES. (1) Unless otherwise provided by statute, in any proceeding involving as adverse parties a state agency or a political subdivision and a person, the state agency, political subdivision or the court hearing the proceeding, including on appeal, shall award the prevailing party reasonable attorney’s […]
Section 12-118 – COSTS AGAINST THE STATE — HOW PAID.
12-118. COSTS AGAINST THE STATE — HOW PAID. When the state is a party and costs are awarded against it, they must be paid out of the state treasury, and the state controller shall draw his warrant therefor on the general fund. History: [(12-118) C.C.P. 1881, sec. 708; R.S., R.C., & C.L., sec. 4917; C.S., […]
Section 12-119 – COSTS AGAINST A COUNTY — HOW PAID.
12-119. COSTS AGAINST A COUNTY — HOW PAID. When a county is a party and costs are awarded against it, they must be paid out of the county treasury. History: [(12-119) C.C.P. 1881, sec. 709; R.S., R.C., & C.L., sec. 4918; C.S., sec. 7224; I.C.A., sec. 12-119.]
Section 12-120 – ATTORNEY’S FEES IN CIVIL ACTIONS.
12-120. ATTORNEY’S FEES IN CIVIL ACTIONS. (1) Except as provided in subsections (3) and (4) of this section, in any action where the amount pleaded is thirty-five thousand dollars ($35,000) or less, there shall be taxed and allowed to the prevailing party, as part of the costs of the action, a reasonable amount to be […]
Section 12-121 – ATTORNEY’S FEES.
12-121. ATTORNEY’S FEES. In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. This section shall not alter, repeal or amend any statute that otherwise provides for the award of attorney’s […]
Section 12-122 – ATTORNEY’S FEES IN HABEAS CORPUS ACTIONS.
12-122. ATTORNEY’S FEES IN HABEAS CORPUS ACTIONS. In any habeas corpus action brought by a state penitentiary or county jail inmate, the judge shall award reasonable attorney’s fees to the respondent, if, in the judgment of the court, the habeas corpus action was brought frivolously by the petitioner. In all habeas corpus actions which result […]