In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. This section shall not alter, repeal or amend any statute that otherwise provides for the award of attorney’s fees. The term “party” or “parties” is defined to include any person, partnership, corporation, association, private organization, the state of Idaho or political subdivision thereof.
Idaho Code § 12-121
Attorney’s fees
Applied in 251 court decisions — leading case Losser v. Bradstreet (2008)
Most recently applied in Wilson v. Wilson (December 2024)
I.C., 12-121, as added by 1976, ch. 349, § 1, p. 1158; am. 1987, ch. 263, § 2, p. 555; am. 2017, ch. 47, § 2, p. 75.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.