Idaho Code
Idaho Code § 74-116 (2026)
Order of the court — Court costs and attorney fees.
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Order of the court — Court costs and attorney fees.
(1) Whenever it appears that certain public records are being improperly withheld from a member of the public, the court shall order the public official charged with withholding the records to disclose the public record or show cause why he should not do so. The court shall decide the case after examining the pleadings filed by the parties and such oral arguments and additional evidence as the court may allow. The court may examine the record in camera in its discretion.
(2) If the court finds that the public official’s decision to refuse disclosure is not justified, it shall order the public official to make the requested disclosure. If the court determines that the public official was justified in refusing to make the requested record available, he shall return the item to the public official without disclosing its content and shall enter an order supporting the decision refusing disclosure. In any such action, the court shall award reasonable costs and attorney fees to the prevailing party or parties, if it finds that the request or refusal to provide records was frivolously pursued.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2015–2025 · leading case: Hymas v. Meridian Police Dep't, 364 P.3d 295 (Idaho Ct. App. 2015).
Hymas v. Meridian Police Dep't, 364 P.3d 295 (Idaho Ct. App. 2015). “Idaho Code § 74-116 (2) is not the exclusive basis for an award of costs and attorney fees under the Public Records Act Here, appellants seek an award of costs and attorney fees under I.”
Cover v. ID Bd. of Corr., 476 P.3d 388 (Idaho 2020). “See I.C. § 74-116 (authorizing the award of costs and attorney 12 fees against the withholding agency); I.”
Tanner v. ISP, No. 49580 (Idaho Ct. App. June 27, 2023). “Because the State was the prevailing party and the district court found Tanner pursued the case frivolously in light of existing law, the court granted the State attorney fees pursuant to Idaho Code § 74-116 (2) in an amount to be determined.”
Rodgers v. Bennetts, No. 46200 (Idaho Ct. App. Nov. 22, 2019). “Idaho Code § 74-116 (2) authorizes the award of reasonable attorney fees to the prevailing party in a public records case where the proceeding is frivolous.”
Sentry Dynamics, Inc. v. Ada Cnty., 569 P.3d 484 (Idaho 2025). “Attorney Fees Sentry seeks attorney fees pursuant to Idaho Code section 74-116(2) and costs under Idaho Appellate Rule 40.”
Idaho Code § 74-116(2): 5 cases
Hymas v. Meridian Police Dep't, 364 P.3d 295 (Idaho Ct. App. 2015). “Idaho Code § 74-116 (2) is not the exclusive basis for an award of costs and attorney fees under the Public Records Act Here, appellants seek an award of costs and attorney fees under I.”
Cover v. ID Bd. of Corr., 476 P.3d 388 (Idaho 2020). “See I.C. § 74-116 (authorizing the award of costs and attorney 12 fees against the withholding agency); I.”
Tanner v. ISP, No. 49580 (Idaho Ct. App. June 27, 2023). “Because the State was the prevailing party and the district court found Tanner pursued the case frivolously in light of existing law, the court granted the State attorney fees pursuant to Idaho Code § 74-116 (2) in an amount to be determined.”
Sentry Dynamics, Inc. v. Ada Cnty., 569 P.3d 484 (Idaho 2025). “Attorney Fees Sentry seeks attorney fees pursuant to Idaho Code section 74-116(2) and costs under Idaho Appellate Rule 40.”
Rodgers v. Bennetts, No. 46200 (Idaho Ct. App. Nov. 22, 2019). “Idaho Code § 74-116 (2) authorizes the award of reasonable attorney fees to the prevailing party in a public records case where the proceeding is frivolous.”
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