# Idaho Table of Cases and Authorities: Rule 35

> Idaho appellate Rule 35 requires tables of cases and authorities with brief-page references, with a narrow exception for specified criminal appeals.

*Updated: 2026-10-14*

**Idaho appellate briefs call the component a “Table of Cases and Authorities.”** Idaho Appellate Rule 35(a)(2) and (b)(2) require alphabetically arranged cases, statutes and other authorities cited, with references to their pages in the appellant’s or respondent’s brief. Rule 35(i) creates a specific exception for criminal appeals involving only listed sentencing or probation matters. Do not extend that exception to every criminal appeal.

[Build an Idaho table of cases and authorities from your PDF](/table-of-authorities-generator?court=generic#tool) using **standard format**, not an Idaho-specific preset. Free, no account and no document upload: processing stays on your device. The official rule and appellate scope page were checked October 14, 2026.

**Idaho appellate fast facts**

- Exact heading: Rule 35 labels the required division “Table of Cases and Authorities.”
- Both principal sides: Rule 35(a)(2) covers the appellant; Rule 35(b)(2) separately covers the respondent.
- The table comes after the table of contents and before the statement of the case in each listed division sequence.
- Cases are expressly alphabetical; the table also includes statutes and other cited authorities, with brief-page references.
- Rule 35(i): appellant and respondent briefs need not contain tables or citations to authorities in criminal appeals involving only probation revocation, sentence severity or an Idaho Criminal Rule 35 motion.
- The Idaho Appellate Rules govern Idaho Supreme Court and Court of Appeals appeals. This is not a universal rule for every district-court memorandum or intermediate trial-court appeal.

## The actual requirement and its exception

> “A table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited.” — I.A.R. 35(a)(2), repeated in 35(b)(2)

> “the brief of the appellant and respondent need not contain a table of contents, table of cases and authorities, or citations to authorities.” — I.A.R. 35(i), for the criminal appeals specified in that subdivision

The exception’s opening language is decisive: it applies to criminal appeals involving **only** claims regarding probation revocation, severity of sentence, or an Idaho Criminal Rule 35 motion. A criminal conviction appeal presenting evidentiary or constitutional issues should not be classified as exempt merely because sentencing is also discussed. The rule permits omission in the defined category; it does not forbid a useful voluntary table. Review the issues actually presented and any case-specific order before deciding whether the exception fits. Idaho Criminal Rule 35 and Idaho Appellate Rule 35 are different rules despite their shared number.

**Idaho brief-scope requirement matrix**

| Filing | Rule 35 treatment | What to verify |
| --- | --- | --- |
| Appellant principal brief | 35(a)(2) expressly requires the table. | Cited cases alphabetical; statutes and other authorities included; pages belong to this brief. |
| Respondent principal brief | 35(b)(2) repeats the table requirement. | Use the respondent’s citations and printed pages, not an appellant table copied wholesale. |
| Ordinary reply | 35(c) permits rebuttal argument but does not repeat the table mandate. | Check applicable instructions and any order; if including a table, use the reply’s own occurrences. |
| Cross-respondent brief combined with reply | 35(c) requires all 35(b) requirements, ordinarily combined with the reply. | Do not treat the entire combined document as an ordinary reply exempt from principal-brief requirements. |
| Specified criminal appeals only | 35(i) permits omission of tables and authority citations. | Confirm that the appeal is limited to the listed claims before relying on the exception. |

## Keep authority references distinct from the record

A cases-and-authorities table maps legal sources to the brief. Rule 35(e) separately prescribes transcript references beginning “Tr” and clerk’s or agency record references beginning “R,” with volume, page and line information. Those references must be in the body, not footnotes or endnotes. They are not cases to alphabetize or table-location page numbers.

For a hypothetical brief citing an authority on printed pages 5 and 12 near a record reference “R Vol. I, p. 14, L. 16,” the authority’s table locations are 5, 12. The record’s 14 and a case reporter’s pinpoint identify different materials. Review the extracted result against the brief’s printed labels. Rule 35(f) also allows relevant legal materials to be reproduced in the brief or an addendum when determination of the issues requires their study. A reproduced opinion’s internal citations should not automatically become every authority in your brief’s table. Include what your filing actually cites and relies on.

## PDF to reviewed editable Word output

- **Resolve the brief category first.** Determine whether this is an appellant, respondent, ordinary reply or combined cross-respondent filing, and whether the narrow Rule 35(i) exception applies. Do not let a generator make that legal classification.
- **Export the intended draft to PDF.** Preserve printed page numbers and keep the matching .docx. Open the [TOA generator](/table-of-authorities-generator?court=generic#tool) in standard format. Confirm the actual court and settings: court detection or a loaded sample can override the entry selection.
- **Review authorities and categories.** Use the Idaho heading, alphabetize cases and include statutes and other authorities. Check footnotes, short forms and *Id.* occurrences. Merge true duplicates while keeping distinct statutes or rules separate. The quoted provision does not prescribe a mandatory citation manual or expressly allow passim; do not infer either from silence.
- **Check every reference.** Compare each listed brief page with the printed PDF page, not the reporter pinpoint or record page. Correct missed occurrences and false positives before downloading.
- **Export and insert.** PDF-only produces an editable Word table. Matching Word plus a text-layer PDF can insert ordinary table text into the Word brief. Place it after contents in the applicable Rule 35 sequence.
- **Re-export and recheck pagination.** Insertion or edits can move the cited passages. Inspect the assembled PDF and regenerate references when needed. Separately verify brief formatting and filing requirements; the app does not restyle citations, format the whole brief or add e-filing bookmarks.

> **Build an Idaho table you can review:** Brief Authority uses standard format for Idaho, free with no account and no document upload. Review the exact heading, alphabetical cases and all page references. DOCX-only is a separate Word-field workflow requiring Word for Windows to build and update the table; PDF routes provide ordinary editable text.

[Build an Idaho authorities table](/table-of-authorities-generator?court=generic#tool)

Free. No account. Your brief stays in your browser, never uploaded.

## Frequently asked

**What should I call the table in an Idaho appellate brief?**

Use “Table of Cases and Authorities,” matching Rule 35’s division heading. Include statutes and other authorities, not just cases, with references to the pages where they are cited.

**Does the respondent need its own table?**

Yes. Rule 35(b)(2) separately requires the respondent’s table. Its authorities and page references can differ substantially from the appellant’s, even when both briefs address the same issues.

**Are all criminal appeals exempt?**

No. Rule 35(i) applies only to criminal appeals involving the listed probation-revocation, sentence-severity or Idaho Criminal Rule 35 claims. An appeal raising additional kinds of claims cannot rely on that limited wording as a blanket exemption.

**What if my reply also answers a cross appeal?**

Rule 35(c) requires a cross-respondent brief to contain all Rule 35(b) requirements and ordinarily combines it with the reply. That includes the cases-and-authorities table; an ordinary-reply analysis is insufficient.

**Does standard format guarantee Idaho compliance?**

No. Review the brief category, heading, citations and printed references yourself, and consult the current format and filing rules. The preset selection organizes output, not the entire filing or its legal sufficiency.

**Related guides**

- [State-by-state authorities guide](/table-of-authorities-by-state)
- [Table formatting guide](/table-of-authorities-format)
- [Create a table from a PDF](/table-of-authorities-from-pdf)

**Official sources checked**

- [Idaho Appellate Rule 35: Content and arrangement of briefs](https://isc.idaho.gov/rules-procedure/print/iar/35): Official HTML read in full on 2026-10-14, including principal briefs, other briefs, record references, reproduction of legal materials and the criminal exception. The rule’s displayed history ends with the amendment effective July 1, 2022; that is distinct from the check date.
- [Idaho Appellate Rules index](https://isc.idaho.gov/rules-procedure/iar): Official scope statement and rule index read on 2026-10-14; identifies Supreme Court and Court of Appeals appeals. No source access exception. General drafting guidance, not legal advice; check current rules and case orders.