Rule 11.2.Successive applications for orders or writs; motions for reconsideration
Title III: Pleadings; Motions; Scheduling · Last amended September 9, 2016 · Last verified July 14, 2026
In one sentenceRule 11.2 bars a party from shopping a denied application to a different judge, sets sanctions for violating that bar, and separately governs the timing and limits of motions to reconsider a court's orders.
(1)In general. In any action, if an application for any order or writ is denied in whole or in part, neither the party nor the party's attorney may make any subsequent application to any other judge, except by appeal to a higher court.
(2)Second order vacated; Sanctions. A writ or order obtained in violation of this section must be immediately vacated by the judge who issued it. The court must sanction a party and the attorney seeking an order or writ in violation of this rule as it may determine appropriate, including by assessing costs and attorney's fees incurred by a party in defense of the writ or order.
(3)Constitutional writ after disclosure allowed. A second application seeking a constitutional writ may be made if the first application and adverse ruling on the application are disclosed to the second judge. Likewise a constitutional writ may be sought from the same judge, or judge succeeding the same judge, in an action after the application was originally denied.
(4)Application to the same judge or successor. A party or attorney may renew an application to the same judge, or a succeeding judge, in an action after the application was originally denied; but this rule does not create the right to file a motion for reconsideration except as provided in subsection (b) of this rule.
(1)In general. A motion to reconsider any order of the trial court entered before final judgment may be made at any time prior to or within 14 days after the entry of a final judgment. A motion to reconsider an order entered after the entry of final judgment must be made within 14 days after entry of the order.
(2)Certain orders not subject to reconsideration. No motion to reconsider an order of the trial court entered on any motion filed under Rules 50(a), 52(b), 55(c), 59(a), 59(e), 59.1, 60(a), or 60(b) may be made.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016; amended September 9, 2016, effective September 9, 2016.)
Plain-English Summary
Rule 11.2 stops a party from taking a rejected request to another judge in hopes of a better answer. Once a judge denies an application for an order or writ, the only way forward is an appeal to a higher court, not a fresh application to a different judge in the same case. Any order obtained that way must be vacated, and the court can sanction both the party and the attorney who tried it, including making them pay the other side's costs and attorney's fees. The rule carves out constitutional writs, which can go to a second judge if the first denial is disclosed, and it allows a party to renew an application before the same judge or that judge's successor.
The second half of the rule covers motions to reconsider. A party generally has until 14 days after final judgment, or up to that same window after a post-judgment order, to ask the trial court to revisit an earlier ruling. But that option is not available for orders entered under certain other rules, such as motions for a new trial, relief from judgment, or amended findings, which have their own reconsideration and appeal pathways.
Frequently Asked Questions
Can I ask a different judge to reconsider after mine denies my motion?
No. Rule 11.2 prohibits taking a denied application to any other judge; the only remedy after a denial is an appeal to a higher court, except for the constitutional-writ situation the rule separately allows.
What happens if I do get an order from a second judge in violation of this rule?
The judge who issued it must vacate it immediately, and the court can sanction the party and the attorney who sought it, including ordering them to pay the other side's costs and attorney's fees.
How long do I have to file a motion to reconsider?
A motion to reconsider a pre-judgment order can be filed any time before, or within 14 days after, entry of final judgment. A motion to reconsider an order entered after final judgment must be filed within 14 days of that order.
Can I file a motion to reconsider any order in the case?
No. Rule 11.2 excludes orders entered on motions under several other rules, including new-trial motions, amended-findings motions, and relief-from-judgment motions, since those have their own procedures.
Is asking the same judge to look at my request again the same as a prohibited successive application?
No. Rule 11.2 distinguishes renewing a request before the same judge, or that judge's successor, from taking it to a different judge. Renewal before the same judge is allowed; shopping it to another judge is not.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as:motion to reconsider Idahojudge shopping prohibitedsuccessive application deniedreconsideration deadlinevacate order violation