Title 12, COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS

12-101. Costs. Costs shall be awarded by the court in a civil trial or proceeding to the parties in the manner and in the amount provided for by the Idaho Rules of Civil Procedure.

12-107. Costs on appeal. In the following cases the costs of appeal are in the discretion of the courts: 1. When a new trial is ordered. 2. When a judgment is modified. In all other cases the prevailing party shall recover costs, including his costs below when the appeal is to th…

12-114. Taxation of costs on appeal in Supreme Court. Whenever costs are awarded to a party by an appellate court, if he claims such costs he must tax the same before the clerk of the Supreme Court, subject to exception and review by the Supreme Court or the judges thereof, withi…

12-116. Assignment of jury costs. (1) If a civil action is settled by the parties involved therein within twenty-four (24) hours of the time for which the civil action is scheduled for trial, and/or notice of settlement is not given to the court at least twenty-four (24) hours be…

12-117. Attorney’s fees, witness fees and expenses awarded in certain instances. (1) Unless otherwise provided by statute, in any proceeding involving as adverse parties a state agency or a political subdivision and a person, the state agency, political subdivision or the court h…

12-118. Costs against the state — How paid. When the state is a party and costs are awarded against it, they must be paid out of the state treasury, and the state controller shall draw his warrant therefor on the general fund.

12-119. Costs against a county — How paid. When a county is a party and costs are awarded against it, they must be paid out of the county treasury.

12-120. Attorney’s fees in civil actions. (1) Except as provided in subsections (3) and (4) of this section, in any action where the amount pleaded is thirty-five thousand dollars ($35,000) or less, there shall be taxed and allowed to the prevailing party, as part of the costs of…

12-121. Attorney’s fees. 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, repea…

12-122. Attorney’s fees in habeas corpus actions. In any habeas corpus action brought by a state penitentiary or county jail inmate, the judge shall award reasonable attorney’s fees to the respondent, if, in the judgment of the court, the habeas corpus action was brought frivolou…

12-123. Sanctions for frivolous conduct in a civil case. (1) As used in this section: (a) "Conduct" means filing a civil action, asserting a claim, defense, or other position in connection with a civil action, or taking any other action in connection with a civil action. (b) "Fri…

12-301. Interest on offers of settlement. (a) After commencement of any civil action based upon a claim for relief arising in tort, from property damage, personal injury or wrongful death, any claimant may at any time, no later than ten (10) days before the trial, serve upon an a…

12-302. Effect on civil rules. This chapter shall not amend rule 68 of the Idaho rules of civil procedure.

12-303. Short title. This chapter shall be known as the "Interest on Offers of Settlement."

12-612. Actions against sheriffs — Notice to indemnitors. If an action is brought against a sheriff for an act done by virtue of his office, and he gives written notice thereof to the sureties on any bond of indemnity received by him, the judgment recovered therein is conclusive …

12-613. General form of undertaking. Whenever a party to an action or proceeding desires to give an undertaking provided to be given by law, it shall be sufficient if the sureties sign an undertaking indicating that they are thereby bound to the obligations of the statute requiri…

12-614. Justification of sureties. In all cases where an undertaking, with sureties, is required by the provisions of this code, the officer taking the same must require the sureties to accompany it with an affidavit that they are each residents and householders or freeholders wi…

12-615. Parties not required to give bond. In any civil action or proceeding wherein the state or the people of the state is a party plaintiff, or any state officer, in his official capacity, or on behalf of the state, or any county or city, is a party plaintiff or defendant, no …

12-616. Subrogation of sureties. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, he is substituted to the rights of the judgment cr…