Idaho Code
Idaho Code § 12-120 (2026)
Attorney’s fees in civil actions.
✓ current as of May 2026
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Attorney’s fees in civil actions.
(1) Except as provided in subsections (3) and (4) of this section, in any action where the amount pleaded is thirty-five thousand dollars ($35,000) or less, there shall be taxed and allowed to the prevailing party, as part of the costs of the action, a reasonable amount to be fixed by the court as attorney’s fees. For the plaintiff to be awarded attorney’s fees, for the prosecution of the action, written demand for the payment of such claim must have been made on the defendant not less than ten (10) days before the commencement of the action; provided, that no attorney’s fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action, an amount at least equal to ninety-five percent (95%) of the amount awarded to the plaintiff.
(2) The provisions of subsection (1) of this section shall also apply to any counterclaims, cross-claims or third party claims which may be filed after the initiation of the original action. Except that a ten (10) day written demand letter shall not be required in the case of a counterclaim.
(3) In any civil action to recover on an open account, account stated, note, bill, negotiable instrument, guaranty, or contract relating to the purchase or sale of goods, wares, merchandise, or services and in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.
The term "commercial transaction" is defined to mean all transactions except transactions for personal or household purposes. The term "party" is defined to mean any person, partnership, corporation, association, private organization, the state of Idaho or political subdivision thereof.
(4) In actions for personal injury, where the amount of plaintiff’s claim for damages does not exceed thirty-five thousand dollars ($35,000), there shall be taxed and allowed to the claimant, as part of the costs of the action, a reasonable amount to be fixed by the court as attorney’s fees. For the plaintiff to be awarded attorney’s fees for the prosecution of the action, written demand for payment of the claim and a statement of claim must have been served on the defendant’s insurer, if known, or if there is no known insurer, then on the defendant, not less than sixty (60) days before the commencement of the action; provided that no attorney’s fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action, an amount at least equal to ninety percent (90%) of the amount awarded to the plaintiff.
The term "statement of claim" shall mean a written statement signed by the plaintiff’s attorney, or if no attorney, by the plaintiff which includes:
(a) An itemized statement of each and every item of damage claimed by the plaintiff including the amount claimed for general damages and the following items of special damages: (i) medical bills incurred up to the date of the plaintiff’s demand; (ii) a good faith estimate of future medical bills; (iii) lost income incurred up to the date of the plaintiff’s demand; (iv) a good faith estimate of future loss of income; and (v) property damage for which the plaintiff has not been paid.
(b) Legible copies of all medical records, bills and other documentation pertinent to the plaintiff’s alleged damages.
If the plaintiff includes in the complaint filed to commence the action, or in evidence offered at trial, a different alleged injury or a significant new item of damage not set forth in the statement of claim, the plaintiff shall be deemed to have waived any entitlement to attorney’s fees under this section.
(5) In all instances where a party is entitled to reasonable attorney’s fees and costs under subsection (1), (2), (3) or (4) of this section, such party shall also be entitled to reasonable postjudgment attorney’s fees and costs incurred in attempting to collect on the judgment. Such attorney’s fees and costs shall be set by the court following the filing of a memorandum of attorney’s fees and costs with notice to all parties and hearing.
(6) In any small claims case resulting in entry of a money judgment or judgment for recovery of specific property, the party in whose favor the judgment is entered shall be entitled to reasonable postjudgment attorney’s fees and costs incurred in attempting to collect on the judgment. Such attorney’s fees and costs shall be set by the court following the filing of a memorandum of attorney’s fees and costs with notice to all parties and an opportunity for hearing. The amount of such attorney’s fees shall be determined by the court after consideration of the factors set out in rule 54(e)(3) of the Idaho rules of civil procedure, or any future rule that the supreme court of the state of Idaho may promulgate, but the court shall not base its determination of such fees upon any contingent fees arrangement between attorney and client, or any arrangement setting such fees as a percentage of the judgment or the amount recovered. In no event shall postjudgment attorney’s fees exceed the principal amount of the judgment or value of property recovered.
Notes of Decisions
Cited in 1,043
cases (140 in the last 5 years), 1972–2026 · leading case: Great Plains Equip., Inc. v. Nw. Pipeline Corp., 36 P.3d 218 (Idaho 2001).
Great Plains Equip., Inc. v. Nw. Pipeline Corp., 36 P.3d 218 (Idaho 2001). “Idaho Code 12-120(3) Idaho Code § 12-120 (3) states: In any civil action to recover on an open account, account stated, note, bill, negotiable instrument, guaranty, or contract relating to the purchase or sale of goods, wares, merchandise, or services and in any commercial…”
Garner v. Povey, 259 P.3d 608 (Idaho 2011). “Idaho Code § 12-120 (3) allows for an award of attorney fees to the prevailing party in a civil action to recover “in any commercial transaction.”
Breckenridge Prop. Fund 2016, LLC v. Wally Enter., Inc., 516 P.3d 73 (Idaho 2022). “Cornerstone asserts that Breckenridge’s passing reference in its complaint to being awarded attorney fees under “Idaho Code §§ 12-120 and 12-121 and such other laws as may apply” estops Breckenridge from denying the transaction between them was commercial in nature.”
Gillihan v. Gump, 92 P.3d 514 (Idaho 2004). “The Appellants argue that it is clear from the language of the statute that subsection (1) does not apply to personal injury actions, and second, that subsection (4) only allows for attorney fees to be awarded to a plaintiff.”
Bryan Trucking v. Terry Gier, 374 P.3d 585 (Idaho 2016). “At the district court, Gier argued that he was entitled to recover attorney fees under either Idaho Code section 12-120(3) or section 12-121. The district court declined to rule whether section 12-121 applied, because it awarded fees under section 12-120(3).”
Stout v. Key Training Corp., 158 P.3d 971 (Idaho 2007). “1996), which involved claims very similar to those alleged by Stout but based on age discrimination, the court held that although Idaho Code § 12-120 (3) applies to employment contracts, it generally does not apply to claims in which the gravamen of the cause of action is a…”
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). “In the absence of a meaningful factual or legal basis for her claim, the district court concluded “that the inclusion of First American in this litigation was a decision based on the sole desire to include deep pockets____” We cannot disagree with the district court’s reasoning.”
Lunneborg v. My Fun Life, Corp., 421 P.3d 187 (Idaho 2018). “The court also found Lunneborg was entitled to attorney fees pursuant to Idaho Code section 12-120(3). This section allows an award of fees to the prevailing party in actions arising out of contracts relating to services or commercial transactions.”
Alcala v. Verbruggen Palletizing Solutions, Inc., 531 P.3d 1085 (Idaho 2023). “The SunRiver Plaintiffs and Carillo also demanded a jury trial, and requested attorney fees “pursuant to Idaho law, including, but not limited to Idaho Code § 12-120 .” After discovery, Volm, VE, and VPS moved for summary judgment on all claims.”
Cummings v. No Title Co of Idaho, 380 P.3d 168 (Idaho 2016). “The district court denied Hummer’s motion, holding that because “Hummer had never made a motion for attorney fees based on I.C. § 12-120(3) ... and never appealed the failure to award attorney fees based on I.”
Soignier v. Fletcher, 256 P.3d 730 (Idaho 2011). “NOTES [1] Idaho Code § 12-120 (3) provides in full: In any civil action to recover on an open account, account stated, note, bill, negotiable instrument, guaranty, or contract relating to the purchase or sale of goods, wares, merchandise, or services and in any commercial…”
AgStar Fin. Servs., ACA v. Nw. Sand & Gravel, Inc., 391 P.3d 1271 (Idaho 2017). “AgStar contends that the plain language of the bond agreement prohibits the award of attorney fees to Gordon Paving. AgStar argues that a contract that contains an attorney fee provision establishes the right to such fee, and if a contract limits or disallows an award of fees,…”
— Idaho Code § 12-120(1) — 109 cases
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). “In the absence of a meaningful factual or legal basis for her claim, the district court concluded “that the inclusion of First American in this litigation was a decision based on the sole desire to include deep pockets____” We cannot disagree with the district court’s reasoning.”
Pancoast v. Indian Cove Irrigation Dist., 829 P.2d 1333 (Idaho 1992).
Campbell v. Parkway Surgery Ctr., LLC, 354 P.3d 1172 (Idaho 2015).
Unifund CCR, LLC v. Lorene K. Lowe, 367 P.3d 145 (Idaho 2016).
Aberdeen-Springfield Canal Co. v. Peiper, 982 P.2d 917 (Idaho 1999).
— Idaho Code § 12-120(2) — 50 cases
DeWils Interiors, Inc. v. Dines, 678 P.2d 80 (Idaho Ct. App. 1984).
Chenery v. Agri-Lines Corp., 682 P.2d 640 (Idaho Ct. App. 1984).
Camp v. Jiminez, 693 P.2d 1080 (Idaho Ct. App. 1984).
Day v. CIBA Geigy Corp., 772 P.2d 222 (Idaho 1989).
Torix v. Allred, 606 P.2d 1334 (Idaho 1980).
— Idaho Code § 12-120(3) — 694 cases
Great Plains Equip., Inc. v. Nw. Pipeline Corp., 36 P.3d 218 (Idaho 2001). “Idaho Code 12-120(3) Idaho Code § 12-120 (3) states: In any civil action to recover on an open account, account stated, note, bill, negotiable instrument, guaranty, or contract relating to the purchase or sale of goods, wares, merchandise, or services and in any commercial…”
Garner v. Povey, 259 P.3d 608 (Idaho 2011). “Idaho Code § 12-120 (3) allows for an award of attorney fees to the prevailing party in a civil action to recover “in any commercial transaction.”
Breckenridge Prop. Fund 2016, LLC v. Wally Enter., Inc., 516 P.3d 73 (Idaho 2022). “Cornerstone asserts that Breckenridge’s passing reference in its complaint to being awarded attorney fees under “Idaho Code §§ 12-120 and 12-121 and such other laws as may apply” estops Breckenridge from denying the transaction between them was commercial in nature.”
Bryan Trucking v. Terry Gier, 374 P.3d 585 (Idaho 2016). “At the district court, Gier argued that he was entitled to recover attorney fees under either Idaho Code section 12-120(3) or section 12-121. The district court declined to rule whether section 12-121 applied, because it awarded fees under section 12-120(3).”
Lunneborg v. My Fun Life, Corp., 421 P.3d 187 (Idaho 2018). “The court also found Lunneborg was entitled to attorney fees pursuant to Idaho Code section 12-120(3). This section allows an award of fees to the prevailing party in actions arising out of contracts relating to services or commercial transactions.”
— Idaho Code § 12-120(3)(2003) — 1 case
Hayden Lake Fire Prot. Dist. v. Alcorn, 109 P.3d 161 (Idaho 2005).
— Idaho Code § 12-120(3)(2004) — 2 cases
Moore v. Omnicare, Inc., 118 P.3d 141 (Idaho 2005).
Gillingham Constr., Inc. v. Newby-Wiggins Constr., Inc., 121 P.3d 946 (Idaho 2005).
— Idaho Code § 12-120(4) — 9 cases
Contreras v. Rubley, 130 P.3d 1111 (Idaho 2006).
Gillihan v. Gump, 92 P.3d 514 (Idaho 2004). “The Appellants argue that it is clear from the language of the statute that subsection (1) does not apply to personal injury actions, and second, that subsection (4) only allows for attorney fees to be awarded to a plaintiff.”
Gonzalez v. Thacker, 231 P.3d 524 (Idaho 2009).
Bennett v. Patrick, 276 P.3d 726 (Idaho 2012).
Harris v. Alessi, 120 P.3d 289 (Idaho Ct. App. 2005).
— Idaho Code § 12-120(4)(a) — 3 cases
Harris v. Alessi, 120 P.3d 289 (Idaho Ct. App. 2005).
Bennett v. Patrick, 276 P.3d 726 (Idaho 2012).
Johnson v. Sanchez, 99 P.3d 620 (Idaho Ct. App. 2004).
— Idaho Code § 12-120(4)(a)(v) — 1 case
Contreras v. Rubley, 130 P.3d 1111 (Idaho 2006).
— Idaho Code § 12-120(5) — 24 cases
Med. Recovery Svcs v. Penny R. Siler, 394 P.3d 73 (Idaho 2017).
AgStar Fin. Servs., ACA v. Nw. Sand & Gravel, Inc., 391 P.3d 1271 (Idaho 2017). “AgStar contends that the plain language of the bond agreement prohibits the award of attorney fees to Gordon Paving. AgStar argues that a contract that contains an attorney fee provision establishes the right to such fee, and if a contract limits or disallows an award of fees,…”
Med. Recovery Servs., LLC v. Lopez, 411 P.3d 1182 (Idaho 2018).
Credit Bureau of E. Idaho, Inc. v. Lecheminant, 235 P.3d 1188 (Idaho 2010).
Action Collection Servs., Inc. v. Bigham, 192 P.3d 1110 (Idaho Ct. App. 2008).
— Idaho Code § 12-120(6) — 1 case
Med. Recovery Svcs v. Penny R. Siler, 394 P.3d 73 (Idaho 2017).
— Idaho Code § 12-120(8) — 8 cases
Jenkins v. Boise Cascade Corp., 108 P.3d 380 (Idaho 2005).
Farm Credit Bank of Spokane v. Stevenson, 869 P.2d 1365 (Idaho 1994).
Taylor v. Riley, 403 P.3d 636 (Idaho 2017).
Willie v. Bd. of Trs., 59 P.3d 302 (Idaho 2002).
Brooks v. Gigray Ranches, Inc., 910 P.2d 744 (Idaho 1996).
— Idaho Code § 12-120(c) — 1 case
Brunobuilt, Inc. v. Briggs Eng'g, Inc. (Idaho 2023).
— Idaho Code § 12-120(l) — 2 cases
Campbell v. Parkway Surgery Ctr., LLC, 354 P.3d 1172 (Idaho 2015).
Downey Chiropractic Clinic v. Nampa Restaurant Corp., 900 P.2d 191 (Idaho 1995).
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