Deadlines After a Conviction
I.A.R. 14 — 42 days to appeal, and one year for post-conviction relief
42 days. An appeal as a matter of right from the district court is made only by filing a notice of appeal with the clerk of the district court within 42 days from the date evidenced by the clerk's filing stamp on the judgment or order appealed from, in any civil or criminal action.
Who handles this in Idaho: legal aid programs and the state offices, listed in the Idaho directory.
After a motion. The time to appeal a criminal judgment, order or sentence is ended by a motion filed within fourteen (14) days of the entry of the judgment which, if granted, could affect it, and the appeal period then runs from the clerk's filing stamp on the order deciding the motion.
Retained jurisdiction. Where the district court retains jurisdiction at the time of judgment, the time to appeal the sentence is enlarged by the time until the order relinquishing jurisdiction or placing the defendant on probation, while all other appeals challenging the judgment are brought within 42 days of it.
One year. A proceeding is commenced by filing an application, verified by the applicant, with the clerk of the district court in which the conviction took place. It may be filed at any time within one year from the expiration of the time for appeal, or from the determination of an appeal, or from the determination of a proceeding following an appeal, whichever is later.
DNA and fingerprint testing. A petitioner may at any time file a petition before the trial court that entered the judgment for fingerprint or forensic DNA testing of evidence secured in relation to the trial, where the testing was not available at the time of trial, on the showing the section requires.
Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Idaho attorney.
Sources for this section (2)
- I.A.R. 14 — Time for filing appeals
- Idaho Code § 19-4902 — Commencement of proceedings — Verification — Filing — Service — DNA testing
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.