Idaho Code

Idaho Code § 12-123 (2026)

Sanctions for frivolous conduct in a civil case.

✓ current as of May 2026

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Sanctions for frivolous conduct in a civil case.

(1) As used in this section:

(a) "Conduct" means filing a civil action, asserting a claim, defense, or other position in connection with a civil action, or taking any other action in connection with a civil action.

(b) "Frivolous conduct" means conduct of a party to a civil action or of his counsel of record that satisfies either of the following:

(i) It obviously serves merely to harass or maliciously injure another party to the civil action;

(ii) It is not supported in fact or warranted under existing law and cannot be supported by a good faith argument for an extension, modification, or reversal of existing law.

(2) (a) In accordance with the provisions of this section, at any time prior to the commencement of the trial in a civil action or within twenty-one (21) days after the entry of judgment in a civil action, the court may award reasonable attorney’s fees to any party to that action adversely affected by frivolous conduct.

(b) An award of reasonable attorney’s fees may be made by the court upon the motion of a party to a civil action, but only after the court does the following:

(i) Sets a date for a hearing to determine whether particular conduct was frivolous; and

(ii) Gives notice of the date of the hearing to each party or counsel of record who allegedly engaged in frivolous conduct and to each party allegedly adversely affected by frivolous conduct; and

(iii) Conducts the hearing to determine if the conduct was frivolous, whether any party was adversely affected by the conduct if it is found to be frivolous, and to determine if an award is to be made, the amount of that award. In connection with the hearing, the court may order each party who may be awarded reasonable attorney’s fees and his counsel of record to submit to the court, for consideration in determining the amount of any such award, an itemized list of the legal services necessitated by the alleged frivolous conduct, the time expended in rendering the services, and the attorney’s fees associated with those services. Additionally, the court shall allow the parties and counsel of record involved to present any other relevant evidence at the hearing.

(c) The amount of an award that is made pursuant to this section shall not exceed the attorney’s fees that were both reasonably incurred by a party and necessitated by the frivolous conduct.

(d) An award of reasonable attorney’s fees pursuant to this section may be made against a party, his counsel of record, or both.

(3) An award of reasonable attorney’s fees pursuant to this section does not affect or determine the amount of or the manner of computation of attorney’s fees as between an attorney and the attorney’s client.

(4) The provisions of this section do not affect or limit the application of any civil rule or another section of the Idaho Code to the extent that such a rule or section prohibits an award of attorney’s fees or authorizes an award of attorney’s fees in a specified manner, generally, or subject to limitations.

Notes of Decisions

Cited in 98 cases (15 in the last 5 years), 1991–2025 · leading case: Gilbert v. Radnovich, 524 P.3d 397 (Idaho 2023).

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Gilbert v. Radnovich, 524 P.3d 397 (Idaho 2023). · cites it 40× “The district court concluded, in its discretion, that Mitchell’s conduct did not give rise to sanctions under Rule 11(b) nor did his conduct warrant an award of attorney fees and costs under Idaho Code section 12-123. Radnovich timely appealed to this Court.”

Papin v. Papin, 454 P.3d 1092 (Idaho 2019). · cites it 12× “3d 106, 116 (2009) (“[A]ttorney fees are not awardable under I.C. § 12-123 for the appellate process.”).”

Spencer v. Jameson, 211 P.3d 106 (Idaho 2009). · cites it 16× “Idaho Code § 12-123 (2)(b) sets forth a specific procedure for attorney fees, requiring a motion by a party and notice and a hearing in the trial court.”

Berkshire Investments, LLC v. Taylor, 278 P.3d 943 (Idaho 2012). · cites it 9× “The court also found that the Mailes’ suit was brought frivolously as defined by I.C. § 12-123 and ordered them to pay attorney fees to Clark and Feeney, as a prevailing party, in the amount of $56,502.”

Erickson v. Erickson, 521 P.3d 1089 (Idaho 2022). · cites it 10× “Amy also requests her attorney’s fees pursuant to Idaho Code § 12-123 for sanctions on the grounds that Josh’s conduct in filing this appeal is frivolous for the same reasons described above and below.”

Folks v. Moscow Sch. Dist. No. 281, 933 P.2d 642 (Idaho 1997). · cites it 10× “The Commission's finding that the District did not meet its burden of adequately explaining its failure to produce the Recommendation at the prior hearing thus does not constitute an abuse of discretion, and we affirm the Commission's ruling on the motion to augment.”

Michalk v. Michalk, 220 P.3d 580 (Idaho 2009). · cites it 4× “§ 12-121 and I.C. § 12-123. An award of attorney fees under Idaho Code § 12-121 is not a matter of right to the prevailing party, but is appropriate only when the court, in its discretion, is left with the abiding belief that the case was brought, pursued, or defended…”

Hanf v. Syringa Realty, Inc., 816 P.2d 320 (Idaho 1991). · cites it 12× “We next consider the Hanfs’ claim that the trial court erred in awarding attorney fees incurred by Syringa in defending the action against the Hanfs. 4 The trial court awarded Syringa attorney fees primarily on the basis that the Hanfs’ Idaho Consumer Protection Act claims and…”

Frantz v. Osborn, 468 P.3d 306 (Idaho 2020). · cites it 6× “On appeal, Frantz 1 contends that the district court abused its discretion in awarding attorney fees against him personally because it (1) failed to follow the procedural requirements set out in Idaho Code section 12-123 and (2) erroneously found that he engaged in frivolous…”

Pocatello Auto Color, Inc. v. Akzo Coatings, Inc., 896 P.2d 949 (Idaho 1995). · cites it 10× “11(a)(1) and I.C. § 12-123; and 7. the award of prejudgment interest on a liquidated award to one party, even though there was an unliquidated award to the other party.”

Horton v. Horton, 518 P.3d 359 (Idaho 2022). · cites it 8× “It was not unreasonable for Desiree to appeal the district court’s reversal of her win before the magistrate court, nor was it unreasonable for Andrew to defend his win before the district court.”

Tolley v. Thi Co., 92 P.3d 503 (Idaho 2004). · cites it 6× “The district court did not abuse its discretion in refusing to award attorney fees to THI under I.”

Show all 98 citing cases →

— Idaho Code § 12-123(1) — 2 cases

Gilbert v. Radnovich, 524 P.3d 397 (Idaho 2023). “The district court concluded, in its discretion, that Mitchell’s conduct did not give rise to sanctions under Rule 11(b) nor did his conduct warrant an award of attorney fees and costs under Idaho Code section 12-123. Radnovich timely appealed to this Court.”

Coward v. Hadley, 246 P.3d 391 (Idaho 2010).

— Idaho Code § 12-123(1)(a) — 3 cases

Severinsen v. Tueller, 559 P.3d 771 (Idaho 2024).

Lynn Urrutia v. Ty (Cliff) Harrison (Idaho 2014).

— Idaho Code § 12-123(1)(b) — 5 cases

Total Success Investments, LLC v. Ada Cnty. High. Dist., 227 P.3d 942 (Idaho Ct. App. 2010).

Jones v. Sligar (Idaho 2024).

Urrutia v. Harrison, 330 P.3d 1035 (Idaho 2014).

Lynn Urrutia v. Ty (Cliff) Harrison (Idaho 2014).

— Idaho Code § 12-123(1)(b)(i) — 1 case

Jones v. Sligar (Idaho 2024).

— Idaho Code § 12-123(1)(b)(ii) — 1 case

Jones v. Sligar (Idaho 2024).

— Idaho Code § 12-123(1)(d) — 1 case

Severinsen v. Tueller, 559 P.3d 771 (Idaho 2024).

— Idaho Code § 12-123(2)(a) — 3 cases

Bird v. Bidwell, 209 P.3d 647 (Idaho 2009).

Jones v. Sligar (Idaho 2024).

Lincoln Land Co v. LP Broadband (Idaho 2017).

— Idaho Code § 12-123(2)(b) — 1 case

Lanningham v. Farm Bureau (Idaho 2024).

— Idaho Code § 12-123(2)(c) — 2 cases

Urrutia v. Harrison, 330 P.3d 1035 (Idaho 2014).

Lynn Urrutia v. Ty (Cliff) Harrison (Idaho 2014).

— Idaho Code § 12-123(2)(d) — 2 cases

Jones v. Sligar (Idaho 2024).

Heath v. Denny's Wrecker Serv., Inc. (Idaho 2024).

— Idaho Code § 12-123(b) — 2 cases

Webster v. Hoopes, 878 P.2d 795 (Idaho Ct. App. 1994).

Puckett v. Evans (Idaho Ct. App. 2023).

— Idaho Code § 12-123(c) — 1 case

Lieurance-Ross v. Ross, 129 P.3d 1285 (Idaho Ct. App. 2006).

— Idaho Code § 12-123(d) — 5 cases

Smith Ex Rel. Smith v. Treasure Valley Seed Co., 383 P.3d 1277 (Idaho 2016).

Smith v. Treasure Valley Seed Co., 434 P.3d 1260 (Idaho 2019).

Ackerman v. Bonneville Cnty., 92 P.3d 557 (Idaho Ct. App. 2004).

Smith v. Treasure Valley Seed Co. (Idaho 2019).

Merrill v. Gibson, 132 P.3d 449 (Idaho Ct. App. 2005).

— Idaho Code § 12-123(e) — 1 case

Merrill v. Gibson, 132 P.3d 449 (Idaho Ct. App. 2005).

— Idaho Code § 12-123(l)(b)(ii) — 1 case

Hymas v. Meridian Police Dep't, 364 P.3d 295 (Idaho Ct. App. 2015).

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