What kinds of motions are allowed in the appellate courts, and when can they be made?
A respondent, or party that did not file for appeal, may make a motion for involuntary dismissal under certain situations in order to stop the appeal. Motions for involuntary dismissal are allowed for failure to comply with the Idaho Appellate Rules, but must be filed at least 21 days before oral arguments are scheduled. Motions for involuntary dismissal for failure to file the notice of appeal or time, or failure to file the petition for rehearing on time, may be made at any time. An appellant may make a motion for voluntary dismissal and stop the appeal at any time. All other motions allowed under the Idaho Appellate Rules may be made at any time.
