Month: February 2023

By John E. Cutler Within our adversary system, the judicial branch resolves cases based on evidence and arguments presented by opposing parties.[i] As a general matter, courts do not look […]

By Ben P. McGreevy “Between the wish and the thing the world lies waiting.”[i] When arguing an issue, one should take care to ensure that the issue is properly preserved […]

By Leslie M.G. Hayes and Bryan A. Nickels “I Never Been Defeated and I Won’t Stop Now (Woo)”[i] – Why Would I Mediate on Appeal? There is always risk in […]

By Stephen L. Adams and W. Christopher Pooser Few options for interlocutory review of trial court decisions exist in Idaho, and the options that are available are difficult to obtain. […]

By Jennifer M. Jensen and Zachery J. McCraney Courts have different rules for defining the record on appeal. Where there is variation, there is room for strategy – and error. […]