A comprehensive guide on the shifting of attorney’s fees and costs was written by Ingrid Batey entitled, Attorney Fee Awards in Idaho: A Handbook.
When Attorney’s Fees can be Shifted
1. Where allowed by a contract.
2. By statute
- Commercial Transactions: Idaho Code 12-120(3).
- Amount pleaded is less than $35,000. IC 12-120(1). Defendant must be given not less than 10 days notice to pay prior to commencing an action.
- Lien Foreclosure. IC 45-513.
- Insurance Unfair Claims Practices. IC 41-1839(4).
- Consumer Protection Claims. IC 48-608(5).
3. By Court Rule (in situations of abuse or misconduct–ex: sanctions).
4. Common Law
- Private Attorney General Doctrine
- Condemnation Proceedings
Moving for attorney’s fees and costs
A request for attorney’s fees and costs must be submitted within 14 days of a judgment. The memorandum in support should include all factors set forth in IRCP 54(e)(3).