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Idaho Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Libel & Slander for Idaho on
Q: Can you appeal a civil court with or without prejudice if there is a counter claim from the defendent?
James L. Arrasmith
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answered on Dec 23, 2023

In Idaho, the ability to appeal a civil court decision depends on the specifics of the case and the nature of the judgment or order being appealed. An appeal can be filed whether the case was dismissed with or without prejudice. The distinction between with and without prejudice is significant: a... View More

1 Answer | Asked in Appeals / Appellate Law and Car Accidents for Idaho on
Q: how to appeal a civil case regarding an accident case # cv14-21-09452

So my son got into an accident with his truck that I had registered in my name however I gave him explicit instructions to not operate the truck and even went as far as taking the starter fuse out so that he could not operate it. I was informed that he had got into an accident when I was served... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2022

This is something an Idaho attorney should advise on, but your post remains open for three weeks. And this looks like something that requires immediate attention if you have not already tended to it. It's a little difficult to follow exactly what happened here, but if there was a default... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Car Accidents for Idaho on
Q: If my Husband is sentenced and is paying restitution can the other party file a civil claim and sue him?

He was involved in a car accident where there was a fatality and he was charged with vehicular manslaughter. he is currently in IDOCI Orofino and we have filed an appeal and everytime that I or someone else puts money on his commissary restitution is taken out 20% of the amount submitted. my... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 1, 2021

Your question has a couple of issues:

1. Restitution being taken out of his commissary money. This is probably per statute, so there is nothing that you can do about it. Your husband will get out some day and will hopefully have a little, less, restitution that he has to pay, because...
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1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Insurance Defense for Idaho on
Q: I am having major issues with the idaho dol And am looking for representation. How do I get representation?

No one responds. No one will help. There are hundreds that that need help and no one gets back to us.

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2021

An Idaho attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal - one option could be to search for attorneys online, or you could use the Find-a-Lawyer tab above. Your post covers a number of different categories, but you mention the Department... View More

1 Answer | Asked in Appeals / Appellate Law for Idaho on
Q: Idaho law regarding appeals
Tim Akpinar
Tim Akpinar
answered on Apr 1, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. Don't lose any more time waiting for a response. Reach out to attorneys without further delay. Nationwide, the timetables for filing appeals tend to be short, within the order of days. Good luck

Tim Akpinar

1 Answer | Asked in Divorce and Appeals / Appellate Law for Idaho on
Q: My boyfriend's now ex wife filed for divorce and it was granted without him even knowing that she had filed.

He got the paperwork in the mail today and on the debts part it says he has to pay $2000 for their old apartment that he moved out of, and informed the landlord, before she moved out. Is he able to appeal because he also wants some of his belongings she refuses to give back as well and it... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 9, 2020

In Idaho, it is not typical but certainly possible for her to have gotten a divorce without him knowing. Many times a woman may file and not know his whereabouts (or she swore under oath) at the time that she didn't. If she seriously DID know where he lived but lied about it then that is... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Idaho on
Q: I need to help my 22 yr old son file a rule 35 by October 23rd and cannot find the forms or which ones to use and how

In idaho we just want sentence modification

Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

Your son's name

Address & Phone Number



STATE OF IDAHO, ) Case No. ________________


Plaintiff, )...
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1 Answer | Asked in Appeals / Appellate Law for Idaho on
Q: A person lied under oath and I have legal documents to prove it. Can their testimony be thrown out/and/or a new trial?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

The time to challenge the testimony through rigorous cross examination by a seasoned attorney has come and gone.

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