Idaho Code
Idaho Code § 1-212 (2026)
Rule-making power recognized.
✓ current as of May 2026
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Rule-making power recognized.
The inherent power of the Supreme Court to make rules governing procedure in all the courts of Idaho is hereby recognized and confirmed.
Notes of Decisions
Cited in 34
cases (4 in the last 5 years), 1963–2026 · leading case: State v. Currington, 700 P.2d 942 (Idaho 1985).
State v. Currington, 700 P.2d 942 (Idaho 1985). “I.C. §§ 1-212, 1-213. Our decision at bottom is whether post-conviction bail is one of substantive right within the prerogative of the legislature, or is rather a procedural consideration governed by the rules of this Court.”
State v. Dist. Court, 152 P.3d 566 (Idaho 2007). “The current appeal is a part of the April 25, 2003 final judgment, and any discussion regarding *572 the award of pre-judgment costs is therefore resolved by the entry of judgment.”
Randy Hoffer v. Scott A. Shappard, D.O., 380 P.3d 681 (Idaho 2016). “, I.C. § 1-212 (“The inherent power of the Supreme Court to make rules governing procedure in all the courts of Idaho is hereby recognized and confirmed.”
State v. Beam, 828 P.2d 891 (Idaho 1992). “I.C. § 1-212 (emphasis added). A careful reading of the Constitution of the State of Idaho and the legislature's codification of the Idaho Supreme Court's rule making power, reveals that this Court's rule making power goes to procedural, as opposed to substantive, rules.”
State v. Samuel, 452 P.3d 768 (Idaho 2019). “I.C. § 1-212. See also State v. Yoder, 96 Idaho 651, 654 , 534 P.”
Carter v. State, 702 P.2d 826 (Idaho 1985). “I.C. § 1-212 recognizes the inherent power of the Supreme Court to make rules governing procedure in all courts of Idaho.”
R. E. W. Constr. Co. v. Dist. Court of the Third Jud. Dist., 400 P.2d 390 (Idaho 1965). “Plaintiffs further assert that Chapter 90 of 1941 Session Laws (I.C. §§ 1-212, 1-215 inch), is a delegation of legislative power contrary to Idaho Const.”
Crooks v. Maynard, 732 P.2d 281 (Idaho 1987). “Section 1-213, a part of the same 1941 enactment, in fact said the Supreme Court shall by general rules prescribe the forms of process, writs, pleadings and motions, the manner of service, time for appearance, and the practice and procedure in all actions and proceedings.”
State v. Weigle, 447 P.3d 930 (Idaho 2019). “" I.C. § 1-212. Accordingly, this Court has noted that if a statutory provision that is procedural in nature is in conflict with the Idaho Criminal Rules, the rules govern.”
State v. Palmer, 574 P.2d 533 (Idaho 1978). “I.C. § 1-212; I.C. § 1-213; and I.C. § 1-1622.”
Wood v. ITD, 532 P.3d 404 (Idaho 2023). “3d 768, 778 (2019); I.C. § 1-212. This includes the rules that govern the admission of evidence.”
State v. Knee, 616 P.2d 263 (Idaho 1980). “Appellant recognizes the inherent authority of this Court to make rules of procedure under I.C. § 1-212 but argues that I.R.C.P. 43(b)(6), which allows a defendant to be impeached by use of a prior felony conviction, is an evidentiary rule that modifies his substantive right to…”
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