Idaho R. App. P. 18

As amended through April 15, 2024

Rule 18 - Notice of cross-appeal - Contents

A notice of cross-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 party cross-appealing 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. A designation of the judgment or order appealed from shall be deemed to include, and present on appeal, the same interlocutory and final judgments and orders in the same manner as provided for a notice of appeal under Rule 17(e).

(f) Issues. A preliminary statement of the issues on appeal which the cross-appellant then intends to assert in the appeal; provided, any such list of issues on appeal shall not prevent the cross-appellant from asserting other issues on appeal.

(g) Jurisdictional Statement. A statement as to the basis for the right to cross-appeal to the Idaho Supreme Court from the judgments or orders described in paragraph 1 of the notice of cross-appeal.

(h) Transcript. A designation as to what portion, if any, of the reporter's transcript is requested by the cross-appellant in addition to those requested by the appellant in the original notice of appeal, and a certification that the estimated reporter's fee for the transcript requested by the cross-appeal has been paid or that payment is exempt. The notice shall also state whether the cross-appellant's copy of this additional 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 cross-appeal, the cross-appellant shall receive a hard copy of the transcript.

(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 and those designated by the appellant in the initial notice of appeal.

(j) Exhibits-Civil Cases. A designation of documents, charts, or pictures offered or admitted as exhibits in a trial or hearing, if any, in addition to those requested by the appellant in the original notice of appeal, to be copied and sent to the Supreme Court.

(k) Certification. A certification of the attorney of the cross-appellant, or affidavit of the person representing himself or herself:

(1) That service of the notice of cross-appeal and any request for additional transcript has been made upon the reporter;

(2) That the estimated reporter's fees for the requested transcript, if any, have been paid, or that cross-appellant is exempt from paying such fees for stated reasons;

(3) That the estimated fees for including any additional documents in the clerk's or agency's record have been paid, or that cross-appellant is exempt from paying such fees for stated reasons.

(4) That all appellate filing fees have been paid, or that cross-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.

(l) Amended Notice of Cross-Appeal. - In the event the original notice of cross-appeal erroneously states any of the information and requirements of this rule or additional facts arise after the filing of the initial notice of cross-appeal, the cross-appellant may thereafter file an amended notice of cross-appeal correctly setting forth the facts and information. An amended notice of cross-appeal shall be filed with the clerk of the district court in the same manner as the original notice of cross-appeal but no filing fee shall be required. If the original notice of cross-appeal was timely filed from an appealable judgment, order or decree, the amended notice of cross-appeal will relate back to the date of filing of the original notice of cross-appeal.

(m) Signature. The name and signature of the attorney for the cross-l appellant, or name of cross-appellant if the cross-appellant does not have an attorney.

(n) Form. The notice of cross-appeal shall be in substantially the following form:

(Cross-Appellant's Attorney's Name)

Attorney for Cross-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 CROSS-APPEAL
parties as cross-appellant	)
and) cross-respondent)	)

TO: THE ABOVE NAMED CROSS-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 cross-appellant(s) (Name) appeal(s) against the above named cross-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.

2. That the party has a right to cross-appeal to the Idaho Supreme Court, and the judgments or orders described in paragraph 1 above are appealable orders under and pursuant to Rule [e.g. (11(a)(5)), or (12(a))] I.A.R.

3. A preliminary statement on appeal which the cross-appellant then intends to assert in the appeal; provided, any such list of issues on appeal shall not prevent the cross-appellant from asserting other issues on appeal.

(a) Is additional reporter's transcript requested

_______Any additional transcript is to be provided in [ ] hard copy [ ] electronic format [ ] both (check one).

(b) The cross-appellant requests the preparation of the following portions of the reporter's transcript:

e.g. (The entire reporter's standard transcript as defined in Rule 25(a), I.A.R.)

(The entire reporter's standard transcript 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)

5. The cross-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. and those designated by the appellant in the initial notice of appeal:

e. g. (All requested and given jury instructions) (The deposition of "X")

(Plaintiff's motion for continuance of trial)

6. Civil Cases Only. The cross-appellant requests the following documents, charts, or pictures offered or admitted as exhibits to be copied and sent to t Supreme Court in addition to those requested in the original notice of appeal.

7. I certify:

(a) That a copy of this notice of cross-appeal and any request for additional transcript have been served on the reporter.

(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 and any additional documents requested in the cross-appeal.

(2) [] That the cross-appellant is exempt from paying the estimated transcript fee because

(c) 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 _, 19_.

___________________________________

/s/ Attorney's Signature

(Name of Attorney or Firm for

Cross-Appellant)

Attorneys for Cross-Appellant

(When certification is made by a party instead of the party's attorney the following affidavit must be executed pursuant to Rule 18(i) )

State of Idaho	)
	)	ss.
County of _____________	)

__________________ being sworn, deposes and says:

That the party is the cross-appellant in the above-entitled cross-s appeal and that all statements in this notice of cross-appeal are true and correct to the best of his or her knowledge and belief.

_____________________________

Signature of Cross-Appellant

Subscribed and Sworn to before me this _ day of _, 19_.

_____________________________

Title

Residence

Id. App. R. 18

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 April 3, 1996, effective 7/1/1996; amended March 19, 2009, effective 7/1/2009, amended March 29, 2010, effective 7/1/2010.