Terms Used In Idaho Code 5-233

  • action: as used in this chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See Idaho Code 5-240
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
If an action is commenced within the time prescribed therefor and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his representatives, may commence a new action within one (1) year after the reversal.