prefiling inquiry (Idaho) · Go Syfert
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prefiling inquiry in Idaho

5 Idaho opinions name it 2 courts 1995–2024 2 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Koehn v. Rigginsgreen
idaho · 1995 · cited in 2 Idaho opinions naming this issue, 1997–2008
2 sentences

2008In Riggins v. Smith, 126 Idaho 1017 , 895 P.2d 1210 (1995), this Court said that an attorney is required to perform a prefiling inquiry into both the facts and the law to satisfy the affirmative duty imposed by Idaho R.

2008In Riggins v. Smith, 126 Idaho 1017 , 895 P.2d 1210 (1995), this Court said that an attorney is required to perform a prefiling inquiry into both the facts and the law to satisfy the affirmative duty imposed by Idaho R.

12
Durrant v. Christensengreen
idaho · 1990 · cited in 1 Idaho opinions naming this issue, 2023–2023
2 sentences

2023Compare Durrant v. Christensen, 117 Idaho 70, 74 , 785 P.2d 634, 638 (1990) (Rule 11 imposes “a duty to make a reasonable inquiry prior to filing an action”) (emphasis added) with Thomas v. Capital Sec.

2023Compare Durrant v. Christensen, 117 Idaho 70, 74 , 785 P.2d 634, 638 (1990) (Rule 11 imposes “a duty to make a reasonable inquiry prior to filing an action”) (emphasis added) with Thomas v. Capital Sec.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Gilbert v. Radnovich green
idaho · 2023
2 sentences

2024Idaho Code section 12-123(1)(d) further provides that “an award of reasonable attorney’s fees pursuant to this section may be made against a party, his counsel of record, or both.” A trial judge’s decision to award sanctions against an attorney is “influenced by a host of factors,” and those factors are specific to the facts of each case and include considering the “attorney’s 13 credibility in signing a complaint and evaluating whether an attorney’s prefiling inquiry was reasonable based on all circumstances.” Gilbert v. Radnovich, 171 Idaho 566 , 573, 524 P.3d 397 , 404 (2023).

2024Idaho Code section 12-123(1)(d) further provides that “an award of reasonable attorney’s fees pursuant to this section may be made against a party, his counsel of record, or both.” A trial judge’s decision to award sanctions against an attorney is “influenced by a host of factors,” and those factors are specific to the facts of each case and include considering the “attorney’s 13 credibility in signing a complaint and evaluating whether an attorney’s prefiling inquiry was reasonable based on all circumstances.” Gilbert v. Radnovich, 171 Idaho 566 , 573, 524 P.3d 397 , 404 (2023).

12024–2024
Sun Valley Shopping Center, Inc. v. Idaho Power Co. green
idaho · 1991
2 sentences

1995Sun Valley, 119 Idaho at 95 , 803 P.2d at 1001 ; Stevens, 116 Idaho at 532 , 777 P.2d at 1205 .

1995Sun Valley, 119 Idaho at 95 , 803 P.2d at 1001 ; Stevens, 116 Idaho at 532 , 777 P.2d at 1205 .

11995–1995
Stevens v. Fleming green
idaho · 1989
2 sentences

1995Sun Valley, 119 Idaho at 95 , 803 P.2d at 1001 ; Stevens, 116 Idaho at 532 , 777 P.2d at 1205 .

1995Sun Valley, 119 Idaho at 95 , 803 P.2d at 1001 ; Stevens, 116 Idaho at 532 , 777 P.2d at 1205 .

11995–1995

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 16 (1978–2025) ID 5 (1995–2024) DC 2 (1990–1996) WA 2 (1990–2018) TX 2 (2019–2020) AK 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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