Idaho Code
Idaho Code

Idaho Code § 12-121 (2026)

Attorney’s fees. 

✓ current as of May 2026
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Attorney’s fees. 

In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. This section shall not alter, repeal or amend any statute that otherwise provides for the award of attorney’s fees. The term "party" or "parties" is defined to include any person, partnership, corporation, association, private organization, the state of Idaho or political subdivision thereof.

Notes of Decisions
Cited in 1,889 cases (340 in the last 5 years), 1978–2026 · leading case: Sun Valley Shopping Ctr., Inc. v. Idaho Power Co., 803 P.2d 993 (Idaho 1991).
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Sun Valley Shopping Ctr., Inc. v. Idaho Power Co., 803 P.2d 993 (Idaho 1991). · cites it 56× “The trial court did not abuse its discretion in awarding attorney fees against the plaintiffs pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1) on the grounds that the case was brought and pursued by the plaintiffs frivolously, unreasonably, and without foundation.”
Minich v. Gem State Developers, Inc., 591 P.2d 1078 (Idaho 1979). · cites it 58× “Whatever the merit of this argument, we find it unnecessary to make an analysis of the substantive law of damages in answering this issue.”
Owen v. Smith, 485 P.3d 129 (Idaho 2021). · cites it 44× “On August 6, 2019, the Smiths filed a memorandum of fees and costs seeking attorney fees under Idaho Code section 12-121. The Smiths filed an affidavit of counsel in support detailing the attorney fees billed.”
Taylor v. McNichols, 243 P.3d 642 (Idaho 2010). · cites it 48× “Idaho Code § 12-121 and I.R.C.P. 54(e)(1) Idaho Code § 12-121 states: In any civil action, the judge may award reasonable attorney's fees to the prevailing party or parties, provided that this section shall not alter, repeal or amend any statute which otherwise provides for the…”
Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015). · cites it 64× “The Tribe requests attorney fees under Idaho Code section 12-117 and Idaho Code section 12-121. 1. Attorney fees are not available under Idaho Code section 12-117.”
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). · cites it 30× “Jerry requests attorney fees and costs pursuant to the contractual provision in the Covenant and pursuant to Idaho Code section 12-121. Veronika requests attorney fees and costs pursuant to Idaho Code sections 12-121 and 12-123, Idaho Rules of Family Law Procedure 901 and 908,…”
Randy Hoffer v. Scott A. Shappard, D.O., 380 P.3d 681 (Idaho 2016). · cites it 48× “We are unable to continue to ignore the clear intention of the Legislature by continuing to apply the court rule. Thus, in the near future, the courts of this state will apply the standard expressed by the Legislature: prevailing parties in civil litigation have the right to be…”
Garner v. Povey, 259 P.3d 608 (Idaho 2011). · cites it 42× “§ 12-120(3) and for frivolous litigation under I.C. § 12-121. The district court denied fees on both grounds.”
Millard v. Talburt, 544 P.3d 748 (Idaho 2024). · cites it 70× “Under Idaho Code section 12-121, “the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.”
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). · cites it 26× “However, because we find Chavez’s claim against First American to be frivolous, we affirm the district court’s order to the extent it awarded attorney fees to First American under I.C. § 12-121. We further award First American attorney fees on appeal pursuant to I.”
Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016). · cites it 30× “” Because we have clarified the meaning of criminal intent under the Tort Claims Act and Idaho Code section 25-2508, we do not find that the Plaintiff brought this appeal regarding her state law claims without a reasonable basis in fact or law.”
McGrew v. McGrew, 82 P.3d 833 (Idaho 2003). · cites it 34× “The appeal also challenges the award of attorney fees under Idaho Code § 12-121 by the magistrate and district judges.”
Show all 1,889 citing cases →
— Idaho Code § 12-121(2004) — 1 case
Moore v. Omnicare, Inc., 118 P.3d 141 (Idaho 2005).
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