In the following cases the costs of appeal are in the discretion of the courts:
1.  When a new trial is ordered.

Terms Used In Idaho Code 12-107

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2.  When a judgment is modified. In all other cases the prevailing party shall recover costs, including his costs below when the appeal is to the district court.