Idaho Code
Idaho Code

Idaho Code § 1-2213 (2026)

Appeals — Powers of district judge. 

✓ current as of May 2026
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Appeals — Powers of district judge. 

(1) Appeals from final judgments of the magistrate’s division shall be taken and heard in the manner prescribed by law or rule.

(2)  Unless otherwise provided by law or rule, a district court judge shall review the case on the record on appeal and affirm, reverse, remand, or modify the judgment; provided, that the district judge in his discretion, may remand the case for a new trial with such instructions as he may deem necessary or he may direct that the case be tried de novo before him.
Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1974–2025 · leading case: Winn v. Winn, 611 P.2d 1055 (Idaho 1980).
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Winn v. Winn, 611 P.2d 1055 (Idaho 1980). · cites it 43× “83(b), -(u), and I.C. § 1-2213 for a trial de novo. The problem in this case is that the district court also undertook an appellate review, ultimately concluding that the case must be reversed.”
State, Dep't of Law Enf't v. One 1955 Willys Jeep, V.I.N. 573481691, 595 P.2d 299 (Idaho 1979). · cites it 6× “The district court also awarded the defendant, apparently pursuant to I.C. *301 § 12-121, $519.”
State v. Wagenius, 581 P.2d 319 (Idaho 1978). · cites it 4× “I.C. § 1-2213; Criminal Appellate Rule 3.”
Dillard v. State, 623 P.2d 1294 (Idaho 1981). · cites it 8× “I.C. § 1-2213 provides the scope of review for a district court on appeal from the magistrate's court: "(1) Appeals from final judgments of the magistrate's division shall be taken and heard in the manner prescribed by law or rule.”
State v. Kenner, 826 P.2d 1306 (Idaho 1992). · cites it 4× “I.C. § 1-2213. I.C.R. 54.2 provides: "All appeals from the magistrate's division shall be heard by the district court as an appellate proceeding unless the district court orders a trial de novo.”
Matter of Andersen, 589 P.2d 957 (Idaho 1978). · cites it 4× “See I.C. §§ 1-2213 and 16-1512; I.R.C.P. 83; see also Koester v.”
Hawkins v. Hawkins, 589 P.2d 532 (Idaho 1978). · cites it 4× “The district court will either remand for new findings, or, alternatively, act under I.C. § 1-2213(2) and I.R.C.P. 83(u)(2) and conduct a partial or whole trial de novo.”
Spencer v. Idaho First Nat'l Bank, 678 P.2d 108 (Idaho Ct. App. 1984). · cites it 6× “None of these statutes or court rules specifically provides for an appeal from an interim accounting in the administration of a decedent’s estate.”
In Re Est. of Stibor, 525 P.2d 357 (Idaho 1974). · cites it 6× “I.C. § 1-2213. The district judge after hearing the appeal entered his order affirming the decision of the magistrate.”
State v. Griffith, 539 P.2d 604 (Idaho 1975). · cites it 4× “Pursuant to I.C. § 1-2213, the district court, affirmed the judgment on the record.”
Roe Fam. Servs. v. Doe, 88 P.3d 749 (Idaho 2004). · cites it 2× “Specifically, they argue the First Visitation Order, the subsequent Visitation Order, and Enforcement Order are void because the district judge went from hearing the matter on appeal to a trial de novo under 83(u)(2).”
Keeler v. Keeler, 860 P.2d 23 (Idaho Ct. App. 1993). · cites it 4× “Idaho Code § 1-2213 is the statute addressing appeals to the district court.”
Show all 25 citing cases →
— Idaho Code § 1-2213(1) — 3 cases
State, Dep't of Law Enf't v. One 1955 Willys Jeep, V.I.N. 573481691, 595 P.2d 299 (Idaho 1979). “The district court also awarded the defendant, apparently pursuant to I.C. *301 § 12-121, $519.”
State v. Mason, 643 P.2d 78 (Idaho 1982).
State v. John Doe, a Juv., 563 P.3d 1238 (Idaho Ct. App. 2025).
— Idaho Code § 1-2213(2) — 8 cases
Winn v. Winn, 611 P.2d 1055 (Idaho 1980). “83(b), -(u), and I.C. § 1-2213 for a trial de novo. The problem in this case is that the district court also undertook an appellate review, ultimately concluding that the case must be reversed.”
Hawkins v. Hawkins, 589 P.2d 532 (Idaho 1978). “The district court will either remand for new findings, or, alternatively, act under I.C. § 1-2213(2) and I.R.C.P. 83(u)(2) and conduct a partial or whole trial de novo.”
Koester v. Koester, 586 P.2d 1370 (Idaho 1978).
State v. Jones, 193 P.3d 457 (Idaho Ct. App. 2008).
Spencer v. Idaho First Nat'l Bank, 678 P.2d 108 (Idaho Ct. App. 1984). “None of these statutes or court rules specifically provides for an appeal from an interim accounting in the administration of a decedent’s estate.”
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