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Idaho Criminal Rule 54.1. Appeals From a Magistrate to a District Court - Appealable Judgments and Orders.

There shall be no direct appeal from an order or decision of a magistrate to the Supreme Court. Provided, however, that whenever an attorney magistrate is assigned by an order issued pursuant to Rule 2.2(e) or Rule 2.2(f) to hear any action which may otherwise be tried only by a district judge, any appeal taken from a judgment of such magistrate acting under such order shall be made to the Supreme Court unless otherwise provided by the original order of assignment. An appeal may be taken to the district judge's division of the district court from any of the following judgments, orders or decisions rendered by a magistrate: 

 

(a)  A final judgment of conviction. 

    

(b)  By a defendant only, from an order granting or denying a withheld judgment on a verdict or plea of guilty. 

    

(c)  An order granting a motion to dismiss a complaint. 

    

(d)  An order granting a motion to suppress evidence in a misdemeanor criminal action. 

    

(e)  An order denying a motion for new trial. 

    

(f)  An order made after judgment affecting the substantial rights of the defendant or the state. 

    

(g)  Any order, judgment or decree in a special criminal proceeding in which an appeal is provided by statute. 

    

(h)  Any order holding a person in contempt of court other than those contempts defined in Rule 42(a). 

 

(i)  An interlocutory order when processed in the manner provided by Rule 12 of the Idaho Appellate Rules and accepted by the district court. 

   

(j) Any order granting or denying a motion to set aside the forfeiture of bail or to exonerate bail.  An appeal from such an order shall not deprive the magistrate court of jurisdiction over other proceedings involving the case or stay such proceedings.

    

(Adopted June 15, 1987, effective November 1, 1987, amended April 27, 2011, effective July 1, 2011; amended February 9, 2012, effective July 1, 2012.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



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Idaho Court of Appeals

 

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