Idaho R. App. P. 19

As amended through March 12, 2024
Rule 19 - Request for additional transcript or clerk's or agency's record payment
(a) Requests for less than the standard transcript and standard record on appeal. When the appellant has requested less than the standard transcript per I.A.R. 25 or less than the standard clerk's or agency s record per I.A.R. 28, and the respondent wants to include documents that are part of the standard transcript or standard clerk s or agency's record, then the respondent must file a request for this additional material within 14 days of the filing of the notice of appeal or within 14 days of the amended notice of appeal that reduced the standard transcript or standard record requested. The respondent' s request must be served upon the appellant and the court reporter or court clerk or administrative agency as appropriate. The appellant must pay the estimated cost of the additional material within 14 days of the requested additions and file a receipt with the court or agency unless otherwise ordered by the court or agency. The additional cost may be taxed to the proper party upon the decision on appeal.
(b) No transcript requested. If the appellant does not request any reporters transcript in the notice of appeal and the respondent wants to include the reporter's transcript, then the respondent must file a request for this additional material within 14 days of the filing of the notice of appeal or within 14 days of the amended notice of appeal that eliminated the transcript requested. The respondent's request must be served upon the appellant and the court reporter or court clerk or administrative agency as appropriate. The respondent shall be responsible for paying the cost of the reporter's transcript and must pay the estimated cost within 14 days of the requested additions and file a receipt with the court or agency unless otherwise ordered by the court or agency. The request shall also state whether the respondent's copy of the transcript shall be provided in hard copy or electronic format or both. If no election is made within 21 days of filing the request for transcript, the respondent shall receive a hard copy of the transcript.
(c) Requests for documents in addition to the standard transcript and standard clerk'' s or agency s record. When the appellant has requested the standard transcript per I.A.R. 25 and the standard clerk's or agency s record per I.A.R. 28 and the respondent wants to include additional documents, the respondent must file a request for this additional material within 14 days of the filing of the notice of appeal or within 14 days of the amended notice of appeal that eliminated these additional documents. The respondent' s request must be served upon the appellant and the court reporter or court clerk or administrative agency as appropriate. The respondent shall be responsible for paying the cost of the additional documents and must pay the estimated cost of the additional material within 14 days of the requested additions and file a receipt with the court or agency unless otherwise ordered by the court or agency. The additional cost may be taxed to the proper party upon the decision on appeal.
(d) Preparation of additional transcript or record. The additional transcript or record requested shall be incorporated into the original transcript or record and included in the index and table of contents by the reporter or clerk if reasonably practicable, but may be prepared as a supplemental transcript or record.
(e) Sanctions. If the court concludes that a party or attorney has vexatiously or unreasonably increased the cost of litigation by inclusion of irrelevant materials, the court may deny that portion of the costs the court deems to be excessive and/or impose monetary sanctions. Notice and an opportunity to respond shall be provided before sanctions are imposed.
(f) Form. The request for additional transcript or record, made after the filing of the notice of appeal or notice of cross-appeal, shall be in substantially the following form:

(Respondent's Attorney's Name)

Attorney for Respondent

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 )REQUEST FOR ADDITIONAL
parties as appellant)(TRANSCRIPT) (RECORD)
and) respondent))

TO: THE ABOVE NAMED APPELLANT(S) (CROSS-APPELLANT(S)) AND THE PARTY'S ATTORNEY, AN (CLERK) OF THE ABOVE ENTITLED (COURT) (ADMINISTRATIVE AGENCY)

NOTICE IS HEREBY GIVEN, that the Respondent (Cross-Respondent) in the above entitled proceeding hereby requests pursuant to Rule 19, I.A.R., the inclusion of the following material in the reporter's transcript or the (clerk's) (agency's) record in addition to that required to be included by the I.A.R. and the notice of appeal. Any additional transcript is to be provided in [ ] hard copy [ ] electronic format [ ] both (check one).:

1. 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)

2. Clerk's or Agency's Record: e.g.

(Affidavit of "X")

(Plaintiff's requested instructions) (Notice to take deposition of "Y")

3. Exhibits (civil cases only):
4. I certify that a copy of this request was served upon the (reporter) (clerk) o district court or administrative agency and upon all parties required to be served to Rule 20 (and upon the attorney general of Idaho pursuant to Section 67-1401(1),

Dated this _ day of _, 20_.

/s/ Attorney's Signature

(Name of Attorney or Firm for Respondent Attorneys for the Respondent

(When certification is made by a party instead of the party's attorney the following.

State of Idaho)
)ss.
County of _____________)

____________________ being sworn, deposes and says:

That the party is the (respondent) (cross-respondent) in the above- entitled request and that all statements in this request are true and correct to the best of his or her knowledge and belief.

_______________________

Signature of (Respondent)

(Cross-Respondent)

Id. App. R. 19

Adopted March 25, 1977, effective 7/1/1977; amended March 20, 1985, effective 7/1/1985; amended June 15, 1987, effective 11/1/1987; amended March 26, 1992, effective 7/1/1992; amended March 9, 1999, effective 7/1/1999; amended March 1, 2000, effective 7/1/2000; REPEALED in its entirety March 21, 2007, New Rule 19 ADOPTED March 21, 2007, effective 7/1/2007; amended March 19, 2009, effective 7/1/2009.