Interlocutory Appeal in Idaho: Is There a Better Process?

February 28, 2023

Few options for interlocutory review of trial court decisions exist in Idaho, and the options that are available are difficult to obtain. As a result, litigators are often stuck with non-final rulings from the trial court until an appeal as a matter of right is available. Of course, there are many good reasons for that. Our appellate courts should be concerned about the efficient administration of our legal system.

But there are also times when a case requires immediate appellate review. While Idaho trial judges do their best to apply the law correctly, the reality is that they make mistakes. Reversal rates in the Idaho Supreme Court confirm as much. When a ruling is obviously or probably wrong, parties are mostly left without recourse to correct the error until final judgment, sometimes needlessly.

Stephen Adams co-authored the article, Interlocutory Appeal in Idaho: Is There a Better Process?, that was published in the Idaho State Bar’s recent issue of The Advocate and it discusses whether there is a better system of interlocutory review for Idaho to aid the resolution of significant, disputed interlocutory rulings.