Idaho Code
Idaho Code § 12-101 (2026)
Costs.
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1981–2023 · leading case: State v. Dist. Court, 152 P.3d 566 (Idaho 2007).
State v. Dist. Court, 152 P.3d 566 (Idaho 2007). “I.C. § 12-101 and Rule 53 do not differentiate between awards entered prior to final judgment and awards made as part of the final judgment.”
Farm Credit Bank of Spokane v. Wissel, 836 P.2d 511 (Idaho 1992). “In 1977, the present version of I.C. § 12-101 was enacted: 12-101. Costs.”
Van v. Portneuf Med. Ctr., Inc., 330 P.3d 1054 (Idaho 2014). “Because we uphold the judgment on the jury verdict, we need not address Van’s issue regarding damages. That is, since the jury found no Whistleblower Act liability, the issue of damages is moot.”
Caldwell v. Idaho Youth Ranch, Inc., 968 P.2d 215 (Idaho 1998). “The Youth Ranch argues that it was entitled to an award of costs and attorney fees at the district court level and that an award of costs is mandatory pursuant to I.C. § 12-101 and I.R.C.P. 54(d)(1)(C). I.”
Sanders v. Bd. of Trs. of the Mountain Home Sch. Dist. No. 193, 322 P.3d 1002 (Idaho 2014). “We have not interpreted what “in a civil trial or proceeding” means in I.C. § 12-101. The Board contends that the term can easily be construed to include precursor steps to a lawsuit, including mandatory non-binding arbitration.”
Idaho Power Co. v. Idaho Pub. Utils. Comm'n, 639 P.2d 442 (Idaho 1981). “Notably, by adopting IRCP 54(e)(1), the court has restricted the award of attorney fees under § 12-121 to those cases brought, pursued or defended frivolously, unreasonably or without foundation.”
Roe v. Albertson's, Inc., 112 P.3d 812 (Idaho 2005). “First of all, Idaho Code § 12-101 authorizes an award for costs not attorney fees.”
Smith v. Washington Cnty. Idaho, 247 P.3d 615 (Idaho 2010). “I.C. § 12-101. Rule 54 provides that “costs shall be allowed as a matter of right to the prevailing party or parties, unless otherwise ordered by the court.”
Rickel v. Bd. of Barber Examiners, 629 P.2d 656 (Idaho 1981). “) As this Court found the necessary implication in I.C. §§ 12-101 and 12-121 to award costs and attorney fees against a municipality in Averitt, supra, and against a county in Merris, supra, we hold that the same necessary implication exists to award costs and attorney fees…”
Coalition for Agricultures's Future v. Canyon Cnty. & Canyon Co Bd of Commissioners, 369 P.3d 920 (Idaho 2016). “The Coalition requests costs but not attorney fees on appeal under Idaho Code sections 12-101, 12-107, 12-114, and 12-119.”
Agrodyne, Inc. v. Beard, 757 P.2d 205 (Idaho Ct. App. 1988). “The “award” of costs being so authorized, it would follow that any security required in advance of the award of costs also should be controlled by the rules of procedure in the absence of any statute directing otherwise. The rules of procedure allow for the assessment of costs,…”
Idaho Dep't of Health & Welfare v. Southfork Lumber Co., 845 P.2d 564 (Idaho 1993). “” By using the term “any expense” rather than “costs”, the legislature apparently intended a more extensive recovery of costs than is contemplated by I.C. § 12-101 and Rule 54. For this reason, the trial court should consider the Department’s request for costs according to I.”
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