Idaho State Statutes - Idaho Attorney Directory

EXCEPTIONS TO FEE SCHEDULE -- HABEAS CORPUS -- STATE OR ANY
COUNTY OF IDAHO A PARTY -- COST OF TRANSCRIPTS. (1) No filing or recording fee
of any kind shall be charged or received by any county officer mentioned in
this chapter for duties performed or services rendered in proceedings in
habeas corpus, unless the habeas corpus petitioner is a prisoner as defined in
section 31-3220A, Idaho Code.
(2) County officers shall not charge any fee against, or receive any
compensation whatever from, the state or any county of Idaho for any services
rendered in any action or proceeding in which the state of Idaho, or any state
board, or state officer in his official capacity, or any county of Idaho, or
county officer in his official capacity, is a party.
(3) If the habeas corpus petitioner or appellant is a prisoner, and is
not an indigent prisoner as defined in section 31-3220A, Idaho Code, the
prisoner may be required to pay all or part of the filing fees on appeal as
set forth in sections 31-3201 and 31-3201A, Idaho Code. If the appellant is an
indigent prisoner, as found by the court under section 31-3220A, Idaho Code,
the transcript on appeal will be paid for as provided in section 1-1105(2),
Idaho Code.
(4) In habeas corpus cases on appeal to the supreme court of the state of
Idaho, in which the appellant is not a prisoner but is otherwise restrained of
his liberty by any public officer, the transcript for use on the appeal will
be paid for by the appellant. If the appellant under this paragraph is
indigent, the transcript and/or record for use on the appeal will be paid for
in the manner as provided in section 1-1105(2), Idaho Code.
(5) In habeas corpus cases on appeal to the supreme court of the state of
Idaho, in which the custody of children is in controversy, the appellant,
unless he be indigent, shall pay for the record on appeal. If the appellant
under this paragraph is indigent, the record and/or transcript will be paid
for as provided in section 1-1105(2), Idaho Code.

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