If either party is dissatisfied he may, within thirty (30) days from the entry of said judgment against him, appeal to a lawyer magistrate other than the magistrate who entered said judgment; and if the final judgment is rendered against him by such lawyer magistrate, then he shall pay, in addition to any judgment rendered in the magistrate’s division, an attorney’s fee to the prevailing party in the sum of twenty-five dollars ($25.00), provided, however, that appeals from such small claims department shall only be allowed in such cases as appeals would be allowed if the action were instituted in the magistrate’s division as is now provided, and further provided that the appeal shall be heard in the county wherein the original small claim was filed. A fee of twenty dollars ($20.00) shall be paid by the party taking the appeal, which shall be paid to the county treasurer who shall, within five (5) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.
Idaho Code § 1-2311
Appeal to lawyer magistrate
Applied in 1 court decision — leading case Idaho Department of Health & Welfare v. Southfork Lumber Co. (1993)
Most recently applied in Idaho Department of Health & Welfare v. Southfork Lumber Co. (January 1993)
1969, ch. 103, § 11, p. 348; am. 1985, ch. 167, § 1, p. 443; am. 2014, ch. 190, § 3, p. 506.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.