Idaho Code § 5-235 — Idaho Code / Title 5 / Chapter 2 / Section 5-235
5-235 WHEN DISABILITY MUST EXIST.
Status: in_force

5-235. When disability must exist. No person can avail himself of a disability unless it existed when his right of action accrued.

History:

[(5-235) C.C.P. 1881, sec. 175; R.S., R.C., & C.L., sec. 4075; C.S., sec. 6628; I.C.A., sec. 5-235.]
Idaho Code § 5-508 — Idaho Code / Title 5 / Chapter 5 / Section 5-508
5-508 SERVICE BY PUBLICATION — AFFIDAVIT.
Status: in_force

5-508. Service by publication — Affidavit. When the person on whom the service is to be made resides outside of the state, or has departed from the state, or cannot after due diligence be found within the state, or conceals himself therein to avoid the service of summons, or is a foreign corporation having no managing or business agent, cashier or secretary within this state, or where any persons are made defendant by the style and description of unknown owners, or unknown heirs or unknown devisees of any deceased person and the names of such unknown owners or heirs or devisees are unknown to the complainant in the action, and such facts appear by affidavit to the satisfaction of the court in which the suit is pending, and it also appears by the affidavit or a verified complaint on file that a cause of action exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, the court may make an order for the publication of the summons; and an affidavit setting forth in ordinary and concise language any of the grounds as above set forth, upon which the publication of the summons is sought, shall be sufficient without setting forth or showing what efforts have been made or what diligence has been exerted in attempting to find the defendant. Service upon any person, firm, company, association or corporation who is subject to the jurisdiction of the courts of this state pursuant to the provisions of section 5-514, Idaho Code, may be made in the manner provided in section 5-515, Idaho Code.

History:

[(5-508) C.C.P. 1881, sec. 221; R.S., sec. 4145; am. 1907, p. 319, sec. 2; reen. R.C., sec. 4145; am. 1909, p. 185, sec. 2; am. 1911, ch. 29, sec. 1, p. 65; reen. C.L., sec. 4145; C.S., sec. 6677; am. 1925, ch. 43, sec. 1, p. 60; am. 1927, ch. 93, sec. 4, p. 119; I.C.A., sec. 5-508; am. 1993, ch. 89, sec. 1, p. 217; am. 2011, ch. 26, sec. 1, p. 66; am. 2012, ch. 98, sec. 1, p. 263.]
Idaho Code § 5-218 — Idaho Code / Title 5 / Chapter 2 / Section 5-218
5-218 STATUTORY LIABILITIES, TRESPASS, TROVER, REPLEVIN, AND FRAUD.
Status: in_force

5-218. Statutory liabilities, trespass, trover, replevin, and fraud. Within three (3) years:

1. An action upon a liability created by statute, other than a penalty or forfeiture. The cause of action in favor of the state of Idaho or any political subdivision thereof, upon a surety bond or undertaking provided for or required by statute shall not be deemed to have accrued against any surety on such bond or undertaking until the discovery by the state of Idaho or any political subdivision thereof of the facts constituting the liability.

2. An action for trespass upon real property.

3. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.

4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

History:

[(5-218) C.C.P. 1881, sec. 158; R.S., R.C., & C.L., sec. 4054; C.S., sec. 6611; I.C.A., sec. 5-218; am. 1974, ch. 41, sec. 2, p. 1603.]
Idaho Code § 5-343 — Idaho Code / Title 5 / Chapter 3 / Section 5-343
5-343 IMMUNITY OF COLLEGES AND UNIVERSITIES ALLOWING FIREARMS.
Status: in_force

5-343. immunity of colleges and universities allowing firearms. No action shall lie or be maintained for civil damages in any court of this state against the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, a dormitory housing commission, the board for career technical education or the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, where the claim arises out of the policy of the board or commission to either specifically allow or not prohibit the lawful possession and storage of firearms on its property.

History:

[5-343, added 2014, ch. 73, sec. 5, p. 191; am. 2016, ch. 25, sec. 1, p. 35.]
Idaho Code § 5-212 — Idaho Code / Title 5 / Chapter 2 / Section 5-212
5-212 DESCENT CAST DOES NOT AFFECT RIGHT.
Status: in_force

5-212. Descent cast does not affect right. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property.

History:

[(5-212) C.C.P. 1881, sec. 152; R.S., R.C., & C.L., sec. 4045; C.S., sec. 6605; I.C.A., sec. 5-212.]
Idaho Code § 5-236 — Idaho Code / Title 5 / Chapter 2 / Section 5-236
5-236 COEXISTING DISABILITIES.
Status: in_force

5-236. Coexisting disabilities. When two (2) or more disabilities coexist at the time the right of action accrues the limitation does not attach until they are removed.

History:

[(5-236) C.C.P. 1881, sec. 176; R.S., R.C., & C.L., sec. 4076; C.S., sec. 6629; I.C.A., sec. 5-236.]
Idaho Code § 5-227 — Idaho Code / Title 5 / Chapter 2 / Section 5-227
5-227 PARTIAL REDEMPTION.
Status: in_force

5-227. Partial redemption. If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provisions of this title, any one of them who is entitled to maintain such an action may redeem therein a divided or undivided part of the mortgaged premises, according as his interest may appear, and have an accounting for a part of the rents and profits proportionate to his interest in the mortgaged premises, on payment of a part of the mortgage money, bearing the same proportion to the whole of such money as the value of his divided or undivided interest in the premises bears to the whole of such premises.

History:

[(5-227) C.C.P. 1881, sec. 167; R.S., R.C., & C.L., sec. 4063; C.S., sec. 6620; I.C.A., sec. 5-227.]
Idaho Code § 5-222 — Idaho Code / Title 5 / Chapter 2 / Section 5-222
5-222 ACTIONS ON OPEN ACCOUNTS — ACCRUAL OF CAUSE.
Status: in_force

5-222. Actions on open accounts — Accrual of cause. In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side.

History:

[(5-222) C.C.P. 1881, sec. 162; R.S., R.C., & C.L., sec. 4050; C.S., sec. 6615; I.C.A., sec. 5-222.]
Idaho Code § 5-229 — Idaho Code / Title 5 / Chapter 2 / Section 5-229
5-229 ABSENCE OF DEFENDANT FROM STATE.
Status: in_force

5-229. Absence of defendant from state. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.

History:

[(5-229) C.C.P. 1881, sec. 169; R.S., R.C., & C.L., sec. 4069; C.S., sec. 6622; I.C.A., sec. 5-229.]
Idaho Code § 5-206 — Idaho Code / Title 5 / Chapter 2 / Section 5-206
5-206 CONSTRUCTIVE POSSESSION.
Status: in_force

5-206. Constructive possession. In every action for the recovery of real property, or the possession thereof, a person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by another person is deemed to have been under and in subordination to the legal title, unless it appears that the property has been held and possessed adversely to such legal title, for twenty (20) years before the commencement of the action.

History:

[(5-206) C.C.P. 1881, sec. 146; R.S., R.C., & C.L., sec. 4039; C.S., sec. 6599; I.C.A., sec. 5-206; am. 2006, ch. 158, sec. 3, p. 474.]
Idaho Code § 5-210 — Idaho Code / Title 5 / Chapter 2 / Section 5-210
5-210 ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES.
Status: in_force

5-210. Oral claim — Possession defined — Payment of taxes. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, judgment or decree, land is deemed to have been possessed and occupied in the following cases only:

(1) Where it has been protected by a substantial enclosure.

(2) Where it has been usually cultivated or improved.

Provided, however, that in no case shall adverse possession be considered established under the provisions of any sections of this code unless it shall be shown that the land has been occupied and claimed for the period of twenty (20) years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, state, county or municipal, which have been levied and assessed upon such land according to law. Provided further, that adverse possession shall not be considered established under the provisions of any sections of this code if a written instrument has been recorded in the real estate records kept by the county recorder of the county in which the property is located and such written instrument declares that it was not the intent of a party to such instrument, by permitting possession or occupation of real property, to thereby define property boundaries or ownership. Provided further, that for purposes of establishing adverse possession pursuant to this section, a person claiming adverse possession must present clear and convincing evidence that the requirements of subsection (1) or (2) of this section have been met.

History:

[(5-210) C.C.P. 1881, sec. 150; R.S., R.C., & C.L., sec. 4043; C.S., sec. 6603; I.C.A., sec. 5-210; am. 2001, ch. 290, sec. 2, p. 1028; am. 2006, ch. 158, sec. 5, p. 475.]
Idaho Code § 5-401 — Idaho Code / Title 5 / Chapter 4 / Section 5-401
5-401 ACTIONS RELATING TO REAL PROPERTY.
Status: in_force

5-401. Actions relating to real property. Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in this code:

1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest and for injuries to real property.

2. For the partition of real property.

3. For the foreclosure of a mortgage of real property. Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.

History:

[(5-401) C.C.P. 1881, sec. 205; R.S., R.C., & C.L., sec. 4120; C.S., sec. 6661; I.C.A., sec. 5-401.]
Idaho Code § 5-402 — Idaho Code / Title 5 / Chapter 4 / Section 5-402
5-402 ACTIONS FOR PENALTIES AND AGAINST OFFICERS.
Status: in_force

5-402. Actions for penalties and against officers. Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial:

1. For the recovery of a penalty or forfeiture imposed by statute, except, that when it is imposed for an offense committed on a lake, river or other stream of water, situated in two (2) or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed.

2. Against a public officer, or person specially appointed to execute his duties, for any act done by him in virtue of his office; or against a person who, by his command or in his aid, does anything touching the duties of such officer.

History:

[(5-402) C.C.P. 1881, sec. 206; R.S., R.C., & C.L., sec. 4121; C.S., sec. 6662; I.C.A., sec. 5-402.]
Idaho Code § 5-237 — Idaho Code / Title 5 / Chapter 2 / Section 5-237
5-237 ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS.
Status: in_force

5-237. Actions against directors and stockholders. This chapter does not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three (3) years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.

History:

[(5-237) C.C.P. 1881, sec. 177; R.S., R.C., & C.L., sec. 4077; C.S., sec. 6630; I.C.A., sec. 5-237.]
Idaho Code § 5-204 — Idaho Code / Title 5 / Chapter 2 / Section 5-204
5-204 ACTION ARISING OUT OF CLAIM TO TITLE OR RENTS OR PROFITS.
Status: in_force

5-204. Action arising out of claim to title or rents or profits. No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual unless it appears that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor or grantor, of such person, was seized or possessed of the premises in question within twenty (20) years before the commencement of the act in respect to which such action is prosecuted or defense made.

History:

[(5-204) C.C.P. 1881, sec. 144; R.S., R.C., & C.L., sec. 4037; C.S., sec. 6597; I.C.A., sec. 5-204; am. 2006, ch. 158, sec. 2, p. 474.]
Idaho Code § 5-305 — Idaho Code / Title 5 / Chapter 3 / Section 5-305
5-305 HUSBAND AND WIFE SUED TOGETHER.
Status: in_force

5-305. Husband and wife sued together. If a husband and wife be sued together the wife may defend her own right, and if the husband neglect to defend she may defend for his right also.

History:

[(5-305) C.C.P. 1881, sec. 186; R.S., R.C., & C.L., sec. 4094; C.S., sec. 6638; I.C.A., sec. 5-305.]
Idaho Code § 5-216 — Idaho Code / Title 5 / Chapter 2 / Section 5-216
5-216 ACTION ON WRITTEN CONTRACT.
Status: in_force

5-216. Action on written contract. Within five (5) years:

An action upon any contract, obligation or liability founded upon an instrument in writing.

The limitations prescribed by this section shall never apply to actions in the name or for the benefit of the state and shall never be asserted nor interposed as a defense to any action in the name or for the benefit of the state although such limitations may have become fully operative as a defense prior to the adoption of this amendment.

History:

[(5-216) C.C.P. 1881, sec. 156; R.S., R.C., & C.L., sec. 4052; C.S., sec. 6609; I.C.A., sec. 5-216; am. 1939, ch. 244, sec. 1, p. 590.]
Idaho Code § 5-245 — Idaho Code / Title 5 / Chapter 2 / Section 5-245
5-245 ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES.
Status: in_force

5-245. Actions to collect child support arrearages. An action or proceeding to collect child support arrearages, arising under an Idaho child support order, can be commenced at any time prior to the expiration of the resulting judgment or any renewal thereof. An action or proceeding under this section shall include, but is not limited to, execution on the judgment, order to show cause, garnishment, income withholding, income tax offset or lottery prize offset.

History:

[5-245, added 1988, ch. 199, sec. 1, p. 378; am. 1995, ch. 264, sec. 1, p. 846; am. 1996, ch. 56, sec. 1, p. 167; am. 2011, ch. 104, sec. 1, p. 267.]
Idaho Code § 5-340 — Idaho Code / Title 5 / Chapter 3 / Section 5-340
5-340 IMMUNITY OF RADIO AND TELEVISION BROADCASTING ORGANIZATIONS PARTICIPATING IN THE AMBER ALERT AND BLUE ALERT SYSTEMS.
Status: in_force

5-340. Immunity of radio and television broadcasting organizations participating in the amber alert and blue alert systems. No cause of action shall be maintained for civil damages in any court of this state against any radio or television broadcast organization, or the employees, officers, directors, managers or agents of such radio or television broadcast organization, based on the broadcast of information supplied by state law enforcement officials pursuant to the voluntary broadcast notification system commonly known as the:

(1) "Amber Alert," which is used to notify the public of missing or abducted children; or

(2) "Blue Alert," which is used to notify the public pursuant to section 67-2920, Idaho Code.

History:

[5-340, added 2003, ch. 91, sec. 1, p. 277; am. 2019, ch. 142, sec. 2, p. 490.]
Idaho Code § 5-342 — Idaho Code / Title 5 / Chapter 3 / Section 5-342
5-342 IMMUNITY FOR SEARCH AND RESCUE OPERATIONS.
Status: in_force

5-342. immunity for search and rescue operations. No person serving as a volunteer member of a search and rescue operation constituted pursuant to section 31-2229, Idaho Code, may have their actions or omissions occurring during the search and rescue operation found to be the proximate cause of injuries to a person subject of a search or rescue, unless the volunteer's actions or omissions are not done in good faith or are grossly negligent. This limitation of liability applies notwithstanding the fact that an organization may recover costs incurred incident to the search and rescue operation or rendering of emergency care.

History:

[5-342, added 2010, ch. 247, sec. 1, p. 636.]
Idaho Code § 5-334 — Idaho Code / Title 5 / Chapter 3 / Section 5-334
5-334 ACT OR OMISSION PREVENTING ABORTION NOT ACTIONABLE.
Status: in_force

5-334. Act or omission preventing abortion not actionable. (1) A cause of action shall not arise, and damages shall not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted.

(2) The provisions of this section shall not preclude causes of action based on claims that, but for a wrongful act or omission, fertilization would not have occurred, maternal death would not have occurred or disability, disease, defect or deficiency of an individual prior to birth would have been prevented, cured or ameliorated in a manner that preserved the health and life of the affected individual.

History:

[5-334, added 1985, ch. 147, sec. 1, p. 394; am. 2010, ch. 235, sec. 1, p. 542.]
Idaho Code § 5-203 — Idaho Code / Title 5 / Chapter 2 / Section 5-203
5-203 ACTION TO RECOVER REALTY.
Status: in_force

5-203. Action to recover realty. No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appears that the plaintiff, his ancestor, predecessor or grantor, was seized or possessed of the property in question within twenty (20) years before the commencement of the action; and this section includes possessory rights to lands and mining claims.

History:

[(5-203) C.C.P. 1881, sec. 143; R.S., R.C., & C.L., sec. 4036; C.S., sec. 6596; I.C.A., sec. 5-203; am. 2006, ch. 158, sec. 1, p. 474.]
Idaho Code § 5-205 — Idaho Code / Title 5 / Chapter 2 / Section 5-205
5-205 EFFECT OF ENTRY.
Status: in_force

5-205. Effect of entry. No entry upon real estate is deemed sufficient or valid as a claim unless an action be commenced thereupon within one (1) year after making such entry, and within five (5) years of the time when the right to make it descended or accrued.

History:

[(5-205) C.C.P. 1881, sec. 145; R.S., R.C., & C.L., sec. 4038; C.S., sec. 6598; I.C.A., sec. 5-205.]
Idaho Code § 5-244 — Idaho Code / Title 5 / Chapter 2 / Section 5-244
5-244 LATENT INJURY — EFFECT OF PRIOR RECOVERY.
Status: in_force

5-244. Latent injury — Effect of prior recovery. No action or proceeding to recover for latent ionizing radiation damage shall be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action or proceeding shall actually have been awarded damages for the latent injury, or shall have known or reasonably have been expected to know that such latent damage would occur, and its nature and extent with sufficient particularity to establish entitlement to a specific amount of damages on account thereof.

History:

[5-244, added 1967, ch. 241, sec. 3, p. 704.]
Idaho Code § 5-241 — Idaho Code / Title 5 / Chapter 2 / Section 5-241
5-241 ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY.
Status: in_force

5-241. Accrual of actions arising out of the design or construction of improvement to real property. (1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an improvement to real property, as follows:

(a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement; and

(b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement.

(2) The times fixed by this section shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action.

(3) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.

(4) As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.

History:

[5-241, added 1965, ch. 101, sec. 1, p. 187; am. 2022, ch. 111, sec. 1, p. 368.]
Idaho Code § 5-515 — Idaho Code / Title 5 / Chapter 5 / Section 5-515
5-515 SERVICE OF PROCESS ON PERSONS ENUMERATED IN PRECEDING SECTION — PERSONAL SERVICE OUTSIDE STATE.
Status: in_force

5-515. Service of process on persons enumerated in preceding section — Personal service outside state. Service of process upon any such person, firm, company, association or corporation who is subject to the jurisdiction of the courts of this state, as provided herein, may be made by personally serving the summons upon the defendant outside the state with the same force and effect as though summons had been personally served within this state.

History:

[5-515, added 1961, ch. 153, sec. 2, p. 224.]
Idaho Code § 5-207 — Idaho Code / Title 5 / Chapter 2 / Section 5-207
5-207 POSSESSION UNDER WRITTEN CLAIM OF TITLE.
Status: in_force

5-207. Possession under written claim of title. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the property included in such instrument, decree or judgment, or of some part of the property under such claim, for twenty (20) years, the property so included is deemed to have been held adversely except that when it consists of a tract divided into lots, the possession of one (1) lot is not deemed a possession of any other lot of the same tract.

History:

[(5-207) C.C.P. 1881, sec. 147; R.S., R.C., & C.L., sec. 4040; C.S., sec. 6600; I.C.A., sec. 5-207; am. 2006, ch. 158, sec. 4, p. 475.]
Idaho Code § 5-326 — Idaho Code / Title 5 / Chapter 3 / Section 5-326
5-326 UNKNOWN OWNERS OR HEIRS — EFFECT OF JUDGMENTS AND DECREES.
Status: in_force

5-326. Unknown owners or heirs — Effect of judgments and decrees. Judgments and decrees rendered in actions or proceedings when persons have been made parties and served by publication of summons, shall have the same effect in all respects as if such persons had been made parties by their own proper names, and had been served by publication and mailing of summons according to the statutes in such case made and provided. If in such action or proceeding persons are made parties by the designation of unknown heirs as aforesaid, the judgment or decree shall be conclusive as to all heirs of such deceased party. When in any action or proceeding persons are made defendants by the designation of unknown devisees as aforesaid, the judgment or decree in such proceeding shall be conclusive as against all devisees of such deceased person. When in any action or proceeding persons are made defendants by the designation of unknown owners as aforesaid, the judgment or decree rendered in such action or proceeding shall be conclusive as against the world, including all contingent interests in the controversy and persons not in being who may have an interest or contingent interest therein.

History:

[(5-326) 1903, p. 370, sec. 3; reen. R.C. & C.L., sec. 4116; C.S., sec. 6660; am. 1927, ch. 111, sec. 1, p. 154; I.C.A., sec. 5-326.]
Idaho Code § 5-514 — Idaho Code / Title 5 / Chapter 5 / Section 5-514
5-514 ACTS SUBJECTING PERSONS TO JURISDICTION OF COURTS OF STATE.
Status: in_force

5-514. Acts subjecting persons to jurisdiction of courts of state. Any person, firm, company, association or corporation, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits said person, firm, company, association or corporation, and if an individual, his personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from the doing of any of said acts:

(a) The transaction of any business within this state which is hereby defined as the doing of any act for the purpose of realizing pecuniary benefit or accomplishing or attempting to accomplish, transact or enhance the business purpose or objective or any part thereof of such person, firm, company, association or corporation;

(b) The commission of a tortious act within this state;

(c) The ownership, use or possession of any real property situate within this state;

(d) Contracting to insure any person, property or risk located within this state at the time of contracting;

(e) The maintenance within this state of matrimonial domicile at the time of the commission of any act giving rise to a cause of action for divorce or separate maintenance;

(f) The engaging in an act of sexual intercourse within the state, giving rise to a cause of action for paternity under chapter 11, title 7, Idaho Code. The provisions of this subsection shall apply retroactively, and for the benefit of any dependent child, whether born before or after the effective date of this act, and regardless of the past or current marital status of the parents of the child.

History:

[5-514, added 1961, ch. 153, sec. 1, p. 224; am. 1969, ch. 236, sec. 1, p. 749; am. 1988, ch. 106, sec. 1, p. 195.]
Idaho Code § 5-513 — Idaho Code / Title 5 / Chapter 5 / Section 5-513
5-513 SUMMONS AGAINST NONRESIDENT OWNER OF PUBLIC UTILITY — LIEN OF JUDGMENT.
Status: in_force

5-513. Summons against nonresident owner of public utility — Lien of judgment. Where any suit has been commenced in any court of this state upon any cause of action arising therein against any nonresident, firm or person engaged in the ownership and control of any electric light or water system or other public utility in this state, and where the cause of action arises out of some matter connected with the carrying on and conducting of said utility the summons therein may be served by delivering a copy thereof attached to a copy of the complaint on file to the person in charge or control of said public utility in this state, or to some agent, cashier or clerk in charge of any office of said firm or person in this state used in the carrying on and conducting of such business.

Any judgment rendered in such action shall become a lien upon and bind all the property of such firm or person used in the carrying on and conducting of such electric light or water system or other public utility.

History:

[(5-513) 1913, ch. 63, secs. 1, 2, p. 298; reen. C.L., sec. 4150; C.S., sec. 6682; I.C.A., sec. 5-513.]
Idaho Code § 5-220 — Idaho Code / Title 5 / Chapter 2 / Section 5-220
5-220 ACTIONS FOR WRONGFUL SEIZURE BY OFFICERS.
Status: in_force

5-220. Actions for wrongful seizure by officers. Within one (1) year: An action against an officer or officer de facto:

To recover any goods, wares, merchandise or other property seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for damages for the seizure, detention, sale of or injury to, any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure.

History:

[(5-220) C.C.P. 1881, sec. 160; R.S., R.C., & C.L., sec. 4056; C.S., sec. 6613; am. 1921, ch. 108, sec. 1, p. 250; I.C.A., sec. 5-220.]
Idaho Code § 5-333 — Idaho Code / Title 5 / Chapter 3 / Section 5-333
5-333 IMMUNITY OF UNDERGROUND MINE RESCUE PARTICIPANTS, THEIR EMPLOYERS AND REPRESENTATIVES.
Status: in_force

5-333. Immunity of underground mine rescue participants, their employers and representatives. No person or persons engaged in underground mine rescue or recovery work who, in good faith, render(s) emergency care, rescue, assistance or recovery services at the scene of any emergency in a mine in this state, shall be liable for any civil damages as a result of any act or omission by such person(s) in rendering such emergency care, rescue, assistance or recovery service.

Neither the employer nor a labor organization which represents any person(s) entitled to the immunity provided in this act shall be liable for any civil damages as a result of any act or omission of any person(s) entitled to such immunity.

History:

[5-333, added 1981, ch. 165, sec. 1, p. 291.]
Idaho Code § 5-302 — Idaho Code / Title 5 / Chapter 3 / Section 5-302
5-302 ASSIGNMENT OF THING IN ACTION.
Status: in_force

5-302. Assignment of thing in action. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable instrument transferred, in good faith and upon good consideration, before maturity.

History:

[(5-302) C.C.P. 1881, sec. 183; R.S., R.C., & C.L., sec. 4091; C.S., sec. 6635; I.C.A., sec. 5-302.]
Idaho Code § 5-243 — Idaho Code / Title 5 / Chapter 2 / Section 5-243
5-243 LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES.
Status: in_force

5-243. Limitation of action for ionizing radiation injuries. No action or proceeding may be brought to recover for an ionizing radiation injury more than three (3) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than thirty (30) years from the date of the last occurrence to which the injury is attributed.

History:

[5-243, added 1967, ch. 241, sec. 2, p. 704.]
Idaho Code § 5-331 — Idaho Code / Title 5 / Chapter 3 / Section 5-331
5-331 IMMUNITY OF VOLUNTEER AMBULANCE ATTENDANT.
Status: in_force

5-331. Immunity of volunteer ambulance attendant. No action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, including volunteer ambulance attendants, who offers and administers first aid or emergency medical attention as a part of his volunteer service as an ambulance attendant to any person or persons utilizing the volunteer services and facilities, unless it can be shown that the person or persons offering or administering first aid or emergency medical attention is guilty of gross negligence in the care or treatment offered or administered, or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured or treated person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said ill or injured person or persons.

History:

[5-331, added 1976, ch. 186, sec. 1, p. 673.]
Idaho Code § 5-233 — Idaho Code / Title 5 / Chapter 2 / Section 5-233
5-233 REVERSAL OF JUDGMENT — NEW ACTION.
Status: in_force

5-233. Reversal of judgment — New action. 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.

History:

[(5-233) C.C.P. 1881, sec. 173; R.S., R.C., & C.L., sec. 4073; C.S., sec. 6626; I.C.A., sec. 5-233.]
Idaho Code § 5-242 — Idaho Code / Title 5 / Chapter 2 / Section 5-242
5-242 IONIZING RADIATION INJURIES — PURPOSE OF ACT.
Status: in_force

5-242. Ionizing radiation injuries — Purpose of act. For purposes of this act, "ionizing radiation" means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter; provided, however, that the provisions hereof and of sections 5-243 and 5-244, Idaho Code, shall not be deemed to apply to any action or proceeding to recover damages for professional malpractice, as defined in section 5-219, Idaho Code.

History:

[5-242, added 1967, ch. 241, sec. 1, p. 704; am. 1976, ch. 184, sec. 1, p. 670.]
Idaho Code § 5-329 — Idaho Code / Title 5 / Chapter 3 / Section 5-329
5-329 SERVICE OF PROCESS UPON ATTORNEY GENERAL.
Status: in_force

5-329. Service of process upon attorney general. Process or notice as required by law in any such proceeding, whether judicial or summary, may be made upon the attorney general of the state of Idaho in the same manner and within the same time limited by law with respect to other parties to any such action or proceeding.

History:

[5-329, added 1959, ch. 55, sec. 2, p. 116.]
Idaho Code § 5-308 — Idaho Code / Title 5 / Chapter 3 / Section 5-308
5-308 ACTION FOR SEDUCTION.
Status: in_force

5-308. Action for seduction. An unmarried female may prosecute, as plaintiff, an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor.

History:

[(5-308) C.C.P. 1881, sec. 189; R.S., R.C., & C.L., sec. 4097; C.S., sec. 6641; I.C.A., sec. 5-308.]
Idaho Code § 5-247 — Idaho Code / Title 5 / Chapter 2 / Section 5-247
5-247 LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR SELLER — LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES.
Status: in_force

5-247. Limitation on suits against a firearms or ammunition manufacturer, trade association or seller — Limitation on right to bring suit or recover damages. (1) In this section, "governmental unit" means:

(a) A political subdivision of the state, including a municipality or county; and

(b) Any other agency of government whose authority is derived from the laws or constitution of this state.

(2) Except as provided by subsection (3) of this section, a governmental unit may not bring suit against a firearms or ammunition manufacturer, trade association or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of firearms or ammunition to the public.

(3) A governmental unit on behalf of the state or any other governmental unit may bring a suit described by subsection (2) of this section if the suit is approved in advance by the legislature by adoption of a concurrent resolution or by enactment of a statute. This subsection does not create a cause of action.

(4) Nothing in this section shall prohibit a governmental unit from bringing an action against a firearms manufacturer, trade association or seller for recovery of damages for:

(a) Breach of contract or warranty as to firearms or ammunition purchased by a governmental unit;

(b) Damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition; or

(c) Injunctive relief to enforce a valid ordinance, statute or rule.

(5) Nothing in this section shall prohibit the attorney general from bringing a suit described by subsection (2) of this section on behalf of the state or any other governmental unit. This subsection does not create a cause of action.

History:

[5-247, added 2000, ch. 470, sec. 1, p. 1600.]
Idaho Code § 5-239 — Idaho Code / Title 5 / Chapter 2 / Section 5-239
5-239 ACTIONS BARRED IN ANOTHER STATE.
Status: in_force

5-239. Actions barred in another state. When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of one who has been a citizen of this state and who has held the cause of action from the time it accrued.

History:

[(5-239) C.C.P. 1881, sec. 179; R.S., R.C., & C.L., sec. 4079; C.S. sec. 6632; I.C.A., sec. 5-239.]
Idaho Code § 5-404 — Idaho Code / Title 5 / Chapter 4 / Section 5-404
5-404 OTHER ACTIONS — VENUE — EXCEPTIONS.
Status: in_force

5-404. Other actions — Venue — Exceptions. (1) Except as otherwise provided by this chapter or other provisions of law, a plaintiff shall bring an action in the county in which:

(a) The cause of action arises; or

(b) Any defendant resides at the commencement of the action.

(2) If none of the defendants reside in the state of Idaho at the time of the cause of the action, or prior to the filing of the complaint, the action may be brought in any county, which the plaintiff may designate in the complaint.

(3) Actions against life or fire insurance companies may be filed in the county where the death occurred or the loss was sustained.

(4) Actions against any corporation organized under the laws of the state of Idaho shall be filed in any county where the defendant has its principal place of business or in the county in which the cause of action arose.

(5) Nothing in this chapter shall limit the power of the court to change the place of trial, as otherwise provided by law.

History:

[5-404, added 2026, ch. 163, sec. 2, p. 723.]
Idaho Code § 5-328 — Idaho Code / Title 5 / Chapter 3 / Section 5-328
5-328 STATE A PARTY DEFENDANT IN SUIT AFFECTING TITLE TO REAL OR PERSONAL PROPERTY.
Status: in_force

5-328. State a party defendant in suit affecting title to real or personal property. In any action or proceeding, whether judicial or summary, affecting the title to real or personal property in which the state of Idaho has, or claims to have an interest, lien or claim, the state of Idaho may be made a party defendant to such action or proceeding, and its rights or interests determined; provided that a judicial sale or a trustee sale under a deed of trust shall have the same effect respecting the discharge of the property from claims or encumbrances held by the state of Idaho as may be provided with respect to such matters by law as to other persons, and provided further that in no event shall any money judgment or cost be rendered against the state of Idaho in such action or proceeding.

History:

[5-328, added 1959, ch. 55, sec. 1, p. 116.]
Idaho Code § 5-346 — Idaho Code / Title 5 / Chapter 3 / Section 5-346
5-346 PERSONHOOD STATUS.
Status: in_force

5-346. personhood status. Notwithstanding any other provisions of law, environmental elements, artificial intelligence, nonhuman animals, and inanimate objects shall not be granted personhood in the state of Idaho. Nothing in this section revokes the status of legal person in or of any municipality, organization, corporation, or other legal or business entity recognized by the laws of the state of Idaho as such prior to July 1, 2022.

History:

[5-346, added 2022, ch. 322, sec. 1, p. 1038.]
Idaho Code § 5-306 — Idaho Code / Title 5 / Chapter 3 / Section 5-306
5-306 INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM.
Status: in_force

5-306. Infants and insane persons — Guardians ad litem. When an infant or an insane or incompetent person is a party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending in each case. A guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient, to represent the infant, insane or incompetent person in the action or proceeding, notwithstanding he may have a general guardian and may have appeared by him.

History:

[(5-306) C.C.P. 1881, sec. 187; R.S., R.C., & C.L., sec. 4095; C.S., sec. 6639; I.C.A., sec. 5-306; am. 2012, ch. 20, sec. 1, p. 66.]
Idaho Code § 5-348 — Idaho Code / Title 5 / Chapter 3 / Section 5-348
5-348 IMMUNITY OF VOLUNTEER SECURITY PERSONNEL — RELIGIOUS ORGANIZATIONS.
Status: in_force

5-348. IMMUNITY of VOLUNTEER SECURITY PERSONNEL — Religious organizations. (1) For the purposes of this section:

(a) "Person" means an individual.

(b) "Religious organization" means a body or community of persons united as individuals or as an entity, under one (1) form of government, by profession of the same faith and the observance of the same rituals or ceremonies as members or attendees of a bona fide church, synagogue, or house of worship.

(c) "Security personnel" means persons who provide safety, security, or protection for a religious organization as authorized by the religious organization to benefit persons in attendance at a meeting or other gathering held at, or sponsored by, the religious organization.

(d) "Volunteer" means a person who provides services without any express or implied promise of remuneration.

(2) No action shall lie or be maintained for civil damages in any court of this state against any volunteer security personnel of a religious organization for providing safety, security, or protection services for the religious organization or against the religious organization for which such volunteer security personnel provided safety, security, or protection services.

(a) The immunity provided by this section shall apply to and include safety, security, or protection provided by use of nonlethal or lethal force.

(b) The immunity provided by this section shall not apply to or include acts or omissions that arise out of unreasonable, reckless, grossly negligent, or wanton actions or conduct.

History:

[(5-348) 5-347, added 2024, ch. 256, sec. 1, p. 895; am. and redesig. 2025, ch. 211, sec. 1, p. 970.]
Idaho Code § 5-516 — Idaho Code / Title 5 / Chapter 5 / Section 5-516
5-516 LIMITATION ON CAUSES OF ACTION.
Status: in_force

5-516. Limitation on causes of action. Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over such defendant is based upon this section.

History:

[5-516, added 1961, ch. 153, sec. 3, p. 224.]
Idaho Code § 5-345 — Idaho Code / Title 5 / Chapter 3 / Section 5-345
5-345 IMMUNITY FOR AID DURING AN EMERGENCY.
Status: in_force

5-345. immunity for aid during an emergency. (1) No architect, engineer, or contractor may be held liable for personal injury, wrongful death, property damage, or other loss related to any architectural, structural, electrical, mechanical, construction, design, or other professional service provided by the architect or engineer, voluntarily or without compensation, or the contractor at the request or approval of a national, state, or local public official in response to a declared national, state, or local emergency, a disaster, or a catastrophic event. The provisions of this subsection shall apply to services rendered within ninety (90) days following the end of the declared emergency, disaster, or catastrophic event unless extended by executive order of the governor.

(2) Limited liability under this section shall not apply if the injury, death, or damage is the result of unreasonable acts, gross negligence, or willful or wanton misconduct or if the architect, engineer, or contractor did not act as a reasonable architect, engineer, or contractor would have under the same or similar circumstances.

History:

[5-345, added 2020, ch. 217, sec. 1, p. 642.]
Idaho Code § 5-311 — Idaho Code / Title 5 / Chapter 3 / Section 5-311
5-311 SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES — DAMAGES.
Status: in_force

5-311. Suit for wrongful death by or against heirs or personal representatives — Damages. (1) When the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death, or in case of the death of such wrongdoer, against the personal representative of such wrongdoer, whether the wrongdoer dies before or after the death of the person injured. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or in case of his or her death, his or her personal representatives. In every action under this section, such damages may be given as under all the circumstances of the case as may be just.

(2) For the purposes of subsection (1) of this section, and subsection (2) of section 5-327, Idaho Code, "heirs" means:

(a) Those persons who would be entitled to succeed to the property of the decedent according to the provisions of subsection (22) of section 15-1-201, Idaho Code.

(b) Whether or not qualified under subsection (2)(a) of this section, the decedent's spouse, children, stepchildren, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the illegitimate child of a mother, but not the illegitimate child of the father unless the father has recognized a responsibility for the child's support.

1. "Support" includes contributions in kind as well as money.

2. "Services" means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the heirs of the decedent. These services may vary according to the identity of the decedent and heir and shall be determined under the particular facts of each case.

(c) Whether or not qualified under subsection (2)(a) or (2)(b) of this section, the putative spouse of the decedent, if he or she was dependent on the decedent for support or services. As used in this subsection, "putative spouse" means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.

(d) Nothing in this section shall be construed to change or modify the definition of "heirs" under any other provision of law.

History:

[5-311, added 1984, ch. 158, sec. 3, p. 385; am. 2010, ch. 349, sec. 1, p. 911.]
Idaho Code § 5-214A — Idaho Code / Title 5 / Chapter 2 / Section 5-214A
5-214A ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY.
Status: in_force

5-214A. Action to foreclose mortgage on real property. An action for the foreclosure of a mortgage on real property must be commenced within five (5) years from the maturity date of the obligation or indebtedness secured by such mortgage. If the obligation or indebtedness secured by such mortgage does not state a maturity date, then the date of the accrual of the cause of action giving rise to the right to foreclose shall be deemed the date of maturity of such obligation or indebtedness.

History:

[I.C., sec. 5-214A, as added by 1951, ch. 254, sec. 1, p. 552; am. 1999, ch. 112, sec. 1, p. 340.]
Idaho Code § 5-223 — Idaho Code / Title 5 / Chapter 2 / Section 5-223
5-223 ACTIONS TO RECOVER DEPOSITS — COMMENCEMENT OF LIMITATION.
Status: in_force

5-223. Actions to recover deposits — Commencement of limitation. To actions brought to recover money or property deposited with any bank, banker, trust company or saving and loan society, no limitation begins to run until after an authorized demand.

History:

[(5-223) C.C.P. 1881, sec. 163; R.S., R.C., & C.L., sec. 4059; C.S., sec. 6616; I.C.A., sec. 5-223.]
Idaho Code § 5-335 — Idaho Code / Title 5 / Chapter 3 / Section 5-335
5-335 GENERAL RULES OF PLEADING — CLAIMS FOR RELIEF.
Status: in_force

5-335. General rules of pleading — Claims for relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) if the court has limited jurisdiction, a short and plain statement of the grounds upon which the court's jurisdiction depends, (2) a short and plain statement of the claims showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which the pleader deems himself or herself entitled. Relief in the alternative or of several different types may be demanded. In any action for recovery because of personal injury or death, the claim for relief shall not specify the amount of damages claimed, but shall, instead, contain a general allegation of damage and shall state that the damages claimed are within any minimum or maximum jurisdictional limits of the court to which the pleading is addressed. At any time after service of the pleading, the defendant may, by special interrogatory, demand a statement of the amount of damages claimed by the plaintiff, which shall be answered within fifteen (15) days. The information provided in the response to the special interrogatory shall not be admissible into evidence at trial, nor shall it be communicated to the jury by argument or otherwise, nor shall it affect or limit the verdict rendered by the jury or the judgment issued by the court, in accordance with Idaho rule of civil procedure 54(c).

History:

[5-335, added 1987, ch. 278, sec. 9, p. 581.]
Idaho Code § 5-319 — Idaho Code / Title 5 / Chapter 3 / Section 5-319
5-319 DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS.
Status: in_force

5-319. Death or transfer of interest — Procedure — Actions by or against public officers. An action or proceeding does not abate by the death or any disability of a party, or by the transfer of any interest therein, if the cause of action or proceeding survive or continue. In case of the death or any disability of a party, the court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest the action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding. An action or proceeding brought by or against any public officer in his official capacity and which action or proceeding is pending at the time of his death, resignation, retirement or removal from office does not abate. The court on its own motion or on motion for substitution may substitute the successor in office and allow the action or proceeding to be continued against such successor.

History:

[(5-319) C.C.P. 1881, sec. 200; R.S., R.C., & C.L., sec. 4108; C.S., sec. 6652; am. 1931, ch. 96, sec. 1, p. 169; I.C.A., sec. 5-319.]
Idaho Code § 5-211 — Idaho Code / Title 5 / Chapter 2 / Section 5-211
5-211 POSSESSION OF TENANT — PRESUMPTIONS.
Status: in_force

5-211. Possession of tenant — Presumptions. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of twenty (20) years from the termination of the tenancy, or, where there has been no written lease, until the expiration of twenty (20) years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited.

History:

[(5-211) C.C.P. 1881, sec. 151; R.S., R.C., & C.L., sec. 4044; C.S., sec. 6604; I.C.A., sec. 5-211; am. 2006, ch. 158, sec. 6, p. 475.]
Idaho Code § 5-518 — Idaho Code / Title 5 / Chapter 5 / Section 5-518
5-518 SERVICE OF PROCESS IN CHILD SUPPORT MATTERS.
Status: in_force

5-518. Service of process in child support matters. Service of process in an action to establish or enforce a support obligation may be made in the manner prescribed for service of process in a civil action by a duly authorized process server, or by certified mail, return receipt requested. Any uninterested party over the age of eighteen (18) including, but not necessarily limited to, employees of the bureau of child support enforcement and employees of the county prosecuting attorney's office, may serve such process. For the purposes of this section, service by mail shall be completed upon the obligor's receipt of such certified mail. The party or attorney making service by certified mail shall make a return certificate indicating that he complied with the provisions of this statute and attaching a receipt of the mailing signed by the obligor.

History:

[5-518, added 1987, ch. 36, sec. 1, p. 59.]
Idaho Code § 5-225 — Idaho Code / Title 5 / Chapter 2 / Section 5-225
5-225 LIMITATIONS APPLY TO STATE.
Status: in_force

5-225. Limitations apply to state. The limitations prescribed in this chapter apply to actions brought in the name of the state, or for the benefit of the state, in the same manner as to actions by private parties.

History:

[(5-225) C.C.P. 1881, sec. 165; R.S., R.C., & C.L., sec. 4061; C.S., sec. 6618; I.C.A., sec. 5-225.]
Idaho Code § 5-510 — Idaho Code / Title 5 / Chapter 5 / Section 5-510
5-510 SERVICE ON ONE OF JOINT DEFENDANTS.
Status: in_force

5-510. Service on one of joint defendants. When the action is against two (2) or more defendants jointly or severally liable on a contract and the summons is served on one (1) or more but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants.

History:

[(5-510) C.C.P. 1881, sec. 223; R.S., R.C., & C.L., sec. 4147; C.S., sec. 6679; I.C.A., sec. 5-510.]
Idaho Code § 5-505 — Idaho Code / Title 5 / Chapter 5 / Section 5-505
5-505 LIS PENDENS.
Status: in_force

5-505. Lis pendens. In an action affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint, and the defendant at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterward, may file for record with the recorder of the county in which the property or some part thereof is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action or defense, and a description of the property in that county affected thereby. From the time of filing such notice for record only shall a purchaser or incumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names.

History:

[(5-505) C.C.P. 1881, sec. 218; R.S., R.C., & C.L., sec. 4142; C.S., sec. 6674; I.C.A., sec. 5-505.]
Idaho Code § 5-214 — Idaho Code / Title 5 / Chapter 2 / Section 5-214
5-214 ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY.
Status: in_force

5-214. Actions other than for recovery of real property. The periods prescribed for the commencement of actions other than for the recovery of real property are as follows.

History:

[(5-214) C.C.P. 1881, sec. 154; R.S., R.C., & C.L., sec. 4050; C.S., sec. 6607; I.C.A., sec. 5-214.]
Idaho Code § 5-213 — Idaho Code / Title 5 / Chapter 2 / Section 5-213
5-213 PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY.
Status: in_force

5-213. Persons under disabilities — Recovery of real property. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title first descends or accrues, either:

1. Within the age of majority; or,

2. Insane; or,

3. Imprisoned on a criminal charge, or in execution, upon conviction of a criminal offense, for a term less than for life; or,

4. A married woman, and her husband be a necessary party with her in commencing such action or making such entry or defense.

The term during which such disability continues is not deemed any portion of the time in this title limited for the commencement of such action or the making of such entry or defense, but such action may be commenced, or entry or defense made, within the period of twenty (20) years after such disability shall cease, or after the death of the person entitled who shall die under such disability; but such action shall not be commenced or entry or defense made after that period.

History:

[(5-213) C.C.P. 1881, sec. 153; R.S., R.C., & C.L., sec. 4046; C.S., sec. 6606; I.C.A., sec. 5-213; am. 2006, ch. 158, sec. 7, p. 476.]
Idaho Code § 5-234 — Idaho Code / Title 5 / Chapter 2 / Section 5-234
5-234 ACTION STAYED BY INJUNCTION OR STATUTE.
Status: in_force

5-234. Action stayed by injunction or statute. When the commencement of an action is stayed by injunction or statutory prohibition the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.

History:

[(5-234) C.C.P. 1881, sec. 174; R.S., R.C., & C.L., sec. 4074; C.S., sec. 6627; I.C.A., sec. 5-234.]
Idaho Code § 5-240 — Idaho Code / Title 5 / Chapter 2 / Section 5-240
5-240 “ACTION” INCLUDES SPECIAL PROCEEDING.
Status: in_force

5-240. "Action" includes special proceeding. The word "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.

History:

[(5-240) C.C.P. 1881, sec. 181; R.S., R.C., & C.L., sec. 4080; C.S., sec. 6633; I.C.A., sec. 5-240.]
Idaho Code § 5-408 — Idaho Code / Title 5 / Chapter 4 / Section 5-408
5-408 TRANSMISSION OF PAPERS — COSTS OF FILING PAPERS ANEW — JURISDICTION IN NEW VENUE — PAYMENT OF COUNTY EXPENSES.
Status: in_force

5-408. Transmission of papers — Costs of filing papers anew — Jurisdiction in new venue — Payment of county expenses. (1) When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleadings and papers therein to the clerk of the court to which it is transferred. Any fee therefor as provided by law shall be paid by the party at whose instance the order was made. The court to which an action or proceeding is transferred has and exercises over the same like jurisdiction as if it had been originally commenced therein.

(2) When an action is transferred from a county because there is reason to believe that an impartial trial cannot be had therein, or that the convenience of witnesses and the ends of justice would be promoted by the transfer, the costs and expenses accruing upon such removal and trial are a charge against the county from which the action was removed. The clerk of the court in the county to which the action is removed must certify the amount of said expenses to the auditor of the proper county, which must be allowed and paid as other county charges.

History:

[(5-408) C.C.P. 1881, sec. 212; R.S., R.C., & C.L., sec. 4127; C.S., sec. 6668; am. 1925, ch. 125, sec. 1, p. 171; I.C.A., sec. 5-408; am. 1969, ch. 114, sec. 2, p. 371; am. 1993, ch. 83, sec. 1, p. 213.]
Idaho Code § 5-310 — Idaho Code / Title 5 / Chapter 3 / Section 5-310
5-310 ACTION FOR INJURY TO UNMARRIED CHILD.
Status: in_force

5-310. Action for injury to unmarried child. The parents may maintain an action for the injury of an unmarried minor child, and for the injury of a minor child who was married at the time of his injury and whose spouse died as a result of the same occurrence and who leaves no issue, and a guardian for the injury of his ward, when such injury is caused by the wrongful act or neglect of another, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone. Such action may be maintained against the person causing the injury, or if such person be employed by another person, who is responsible for his conduct, also against such other person.

History:

[(5-310) C.C.P. 1881, sec. 191; R.S. & R.C., sec. 4099; am. 1915, ch. 120, sec. 3, p. 266; reen. C.L., sec. 4099; C.S., sec. 6643; I.C.A., sec. 5-310; am. 1972, ch. 177, sec. 1, p. 444; am. 1984, ch. 158, sec. 1, p. 385.]
Idaho Code § 5-336 — Idaho Code / Title 5 / Chapter 3 / Section 5-336
5-336 DEMAND FOR JUDGMENT — DEFAULT JUDGMENTS.
Status: in_force

5-336. Demand for judgment — Default judgments. A judgment by default shall not be different in kind from or exceed in the amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleading. Provided, however, if a judgment by default is entered in any claim for relief for personal injury or death pursuant to Idaho rule of civil procedure 8(a)(1), after default is entered, the court shall conduct such hearings or order such reference as it deems necessary and proper pursuant to Idaho rule of civil procedure 55(b)(2) to determine the appropriate amount of damages.

History:

[5-336, added 1987, ch. 278, sec. 10, p. 582.]
Idaho Code § 5-248 — Idaho Code / Title 5 / Chapter 2 / Section 5-248
5-248 VICTIMS OF CRIMES.
Status: in_force

5-248. Victims of crimes. (1) For the purpose of any civil action or proceeding brought by a victim of a crime against an offender who committed the crime, for any losses incurred by the victim, which loss was proximately caused by the crime, the limitation periods prescribed by this chapter shall be tolled until one (1) year after the offender has been released from any sentence of incarceration served for that crime and in full satisfaction of the sentence imposed.

(2) For purposes of this section "full satisfaction of the sentence imposed" means the full-term release date from incarceration for the crime committed against the victim or the full-term release date from incarceration for any other crime for which the offender is serving time concurrently with, or consecutively to, time served for the crime against the victim, whichever is later.

History:

[(5-248) 5-247, added 2000, ch. 150, sec. 1, p. 387; am. and redesig. 2005, ch. 25, sec. 1, p. 82.]
Idaho Code § 5-338 — Idaho Code / Title 5 / Chapter 3 / Section 5-338
5-338 IMMUNITY OF DONORS OF WILD GAME MEAT.
Status: in_force

5-338. Immunity of donors of wild game meat. (1) A donor of wild game meat for free use by a charitable organization is immune from civil or criminal liability arising from an injury or death attributable to the nature, age, condition or packaging of the donated wild game meat if the injury or death is not a result of the gross negligence, recklessness, or intentional misconduct of the donor and the donated wild game meat is prepared and packaged by a commercial butcher, commercial slaughterhouse, commercial meat processor or similar entity subject by law to regular state or federal inspection and licensing.

(2) A charitable organization that receives, distributes or serves donated wild game meat is immune from civil or criminal liability arising from an injury or death attributable to the condition of the meat if:

(a) The charitable organization uses appropriate food storage and handling equipment to provide for the safe and sanitary storage and/or service of the wild game meat;

(b) The charitable organization accepts only wild game meat prepared and packaged by a commercial butcher, commercial slaughterhouse, commercial meat processor, or similar entity subject by law to regular state or federal inspection and licensing;

(c) The charitable organization inspects the donated wild game meat in a reasonable manner and finds it to be apparently fit for human consumption at the time of distribution or service;

(d) The charitable organization has no actual or constructive knowledge at the time the wild game meat is distributed or served that it is adulterated, tainted, contaminated, or would be harmful to the health or well-being of a person eating it; and

(e) An injury or death caused by eating the wild game meat is not a proximate cause of the gross negligence, recklessness or intentional misconduct of the charitable organization.

(3) For purposes of this section:

(a) "Charitable organization" means a nonprofit organization that is exempt from taxation under the provisions of sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code, as amended.

(b) "Donor" means a person, retailer, commercial butcher, commercial slaughterhouse, commercial meat processor, or similar entity under state supervision, and the Idaho fish and game department in its capacity as a donor of unlawfully taken or unclaimed wildlife pursuant to section 36-1304, Idaho Code.

(c) "Wild game meat" means any raw, cooked, processed, or prepared edible meat from a game animal killed in the wild and used or intended for use in whole or in part for human consumption and which is exempt from the inspection requirements of the federal wholesome meat act; provided however, that wild game salami may not be donated. Wild game meat shall not be considered "adulterated" as that term is defined in chapter 1, title 37, Idaho Code, and IDAPA 16.02.19, merely because the meat is the product of a game animal killed in the wild and not slaughtered by a butcher in a state or federally regulated food processing establishment. Wild game meat shall be considered "wildlife" as that term is used in IDAPA 16.02.19, and shall be handled, prepared and served accordingly if the charitable organization is a food establishment as defined in the rules.

History:

[5-338, added 2000, ch. 263, sec. 1, p. 739; am. 2006, ch. 94, sec. 2, p. 267.]
Idaho Code § 5-238 — Idaho Code / Title 5 / Chapter 2 / Section 5-238
5-238 ACKNOWLEDGMENT OR NEW PROMISE — EFFECT ON OPERATION OF STATUTE — EFFECT OF PARTIAL PAYMENT.
Status: in_force

5-238. Acknowledgment or new promise — Effect on operation of statute — Effect of partial payment. No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but any payment of principal or interest is equivalent to a new promise in writing, duly signed, to pay the residue of the debt.

History:

[(5-238) C.C.P. 1881, sec. 178; R.S., R.C., & C.L., sec. 4078; C.S., sec. 6631; am. 1923, ch. 49, sec. 1, p. 57; I.C.A., sec. 5-238.]
Idaho Code § 5-221 — Idaho Code / Title 5 / Chapter 2 / Section 5-221
5-221 ACTIONS ON CLAIMS AGAINST COUNTY.
Status: in_force

5-221. Actions on claims against county. Actions on claims against a county which have been rejected by the board of commissioners must be commenced within six (6) months after the first rejection thereof by such board.

History:

[(5-221) C.C.P. 1881, sec. 161; R.S., R.C., & C.L., sec. 4057; C.S., sec. 6614; I.C.A., sec. 5-221.]
Idaho Code § 5-341 — Idaho Code / Title 5 / Chapter 3 / Section 5-341
5-341 IMMUNITY OF EMPLOYERS ALLOWING EMPLOYEE FIREARM CARRYING OR STORAGE.
Status: in_force

5-341. immunity of employers allowing employee firearm carrying or storage. No action shall lie or be maintained for civil damages in any court of this state against an employer where the claim arises out of the policy of an employer to either specifically allow or not prohibit the lawful carrying of a firearm on an employee's person or storage of firearms by employees in their personal motor vehicles on the employer's business premises.

History:

[5-341, added 2009, ch. 265, sec. 1, p. 802; am. 2024, ch. 174, sec. 1, p. 657.]
Idaho Code § 5-228A — Idaho Code / Title 5 / Chapter 2 / Section 5-228A
5-228A TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME.
Status: in_force

5-228A. Time limitation — Closure of the office of the clerk — Extension of time. Whenever, pursuant to an Idaho statute, the final day to commence an action or file a document with a court falls on a day that the office of the clerk of the district court is usually open for the transaction of business with the public, but whose office has been closed for all or part of the day by the administrative judge or his designee due to severe weather conditions or a real or threatened emergency, the time for performing the act shall be extended to the end of business hours of the first full day the office of the clerk is reopened for the transaction of business with the public.

History:

[5-228A, added 2004, ch. 321, sec. 1, p. 905.]
Idaho Code § 5-215 — Idaho Code / Title 5 / Chapter 2 / Section 5-215
5-215 ACTION ON JUDGMENT OR FOR MESNE PROFITS OF REAL PROPERTY.
Status: in_force

5-215. Action on judgment or for mesne profits of real property. Within eleven (11) years:

(1) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States.

(2) An action for mesne profits of real property.

History:

[(5-215) C.C.P. 1881, sec. 155; R.S., R.C., & C.L., sec. 4051; C.S., sec. 6608; I.C.A., sec. 5-215; am. 2015, ch. 278, sec. 3, p. 1137.]
Idaho Code § 5-208 — Idaho Code / Title 5 / Chapter 2 / Section 5-208
5-208 CLAIM UNDER WRITTEN INSTRUMENT — POSSESSION DEFINED.
Status: in_force

5-208. Claim under written instrument — Possession defined. (1) Except as provided in subsection (2) of this section, for the purpose of constituting an adverse possession by a person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases:

(a) Where it has been usually cultivated or improved.

(b) Where it has been protected by a substantial enclosure.

(c) Where, although not enclosed, it has been used for the supply of fuel, or of fencing timber for the purposes of husbandry, or for pasturage, or for the ordinary use of the occupant.

(d) Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

(2) Notwithstanding the provisions of subsection (1) of this section, adverse possession shall not be considered established under the provisions of any sections of this code if a written instrument has been recorded in the real estate records kept by the county recorder of the county in which the property is located and such written instrument declares that it was not the intent of a party to such instrument, by permitting possession or occupation of real property as set forth in subsection (1) of this section, to thereby define property boundaries or ownership.

(3) For purposes of establishing adverse possession pursuant to this section, a person claiming adverse possession must present clear and convincing evidence that the requirements of subsections (1) or (2) of this section have been met.

History:

[(5-208) C.C.P. 1881, sec. 148; R.S., R.C., & C.L., sec. 4041; C.S., sec. 6601; I.C.A., sec. 5-208; am. 2001, ch. 290, sec. 1, p. 1027.]
Idaho Code § 5-304 — Idaho Code / Title 5 / Chapter 3 / Section 5-304
5-304 MARRIED WOMEN AS PARTIES.
Status: in_force

5-304. Married women as parties. A woman may while married sue and be sued in the same manner as if she were single: provided, that except in actions between husband and wife the husband shall not be chargeable in any manner with the wife's costs or other expenses of suit.

History:

[(5-304) 1903, p. 345, sec. 3; reen. R.C. & C.L., sec. 4093; C.S., sec. 6637; I.C.A., sec. 5-304.]
Idaho Code § 5-330 — Idaho Code / Title 5 / Chapter 3 / Section 5-330
5-330 IMMUNITY OF PERSONS GIVING EMERGENCY FIRST AID FROM DAMAGE CLAIM.
Status: in_force

5-330. Immunity of persons giving emergency first aid from damage claim. That no action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, who in good faith and without compensation, being at, or stopping at the scene of an accident or emergency, including a mental health or suicidal crisis, offers and administers emergency first aid, emergency medical attention, or emergency psychological attention, including responding to suicidal thoughts, to any person or persons injured in such accident or emergency unless it can be shown that the person or persons offering or administering emergency first aid, emergency medical attention, or emergency psychological attention is guilty of gross negligence in the care or treatment of said injured person or persons or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said injured person or persons, or upon delivery of said injured person or persons into custody of an ambulance attendant.

History:

[5-330, added 1965, ch. 241, sec. 1, p. 591; am. 2018, ch. 218, sec. 1, p. 491; am. 2026, ch. 162, sec. 1, p. 722.]
Idaho Code § 5-347 — Idaho Code / Title 5 / Chapter 3 / Section 5-347
5-347 IMMUNITY OF VOLUNTEER SKI OR BIKE PATROLLER.
Status: in_force

5-347. IMMUNITY OF VOLUNTEER SKI OR BIKE PATROLLER. No action shall lie or be maintained for civil damages in any court of this state against any person or group of persons who, while acting in the capacity as a volunteer ski or bike patroller with qualifications meeting the standards of the national ski patrol system, renders or omits aid, including but not limited to first aid or emergency medical attention, to any person or persons utilizing the ski or bike patrol's services and facilities as long as the patroller acts without direct compensation from or on behalf of the person aided and acts in good faith and without willful or wanton misconduct in the aid rendered or omitted.

History:

[5-347, added 2024, ch. 114, sec. 1, p. 494.]
Idaho Code § 5-228 — Idaho Code / Title 5 / Chapter 2 / Section 5-228
5-228 ACTION, WHEN COMMENCED.
Status: in_force

5-228. Action, when commenced. An action is commenced within the meaning of the chapter when the complaint is filed.

History:

[(5-228) C.C.P. 1881, sec. 168; R.S., R.C., & C.L., sec. 4068; C.S., sec. 6621; I.C.A., sec. 5-228.]
Idaho Code § 5-344 — Idaho Code / Title 5 / Chapter 3 / Section 5-344
5-344 IMMUNITY — AID TO PERSON IN VEHICLE.
Status: in_force

5-344. immunity — aid to person in vehicle. (1) A person is immune from civil liability for entry, including forced entry and any resulting property damage, into a motor vehicle for the purpose of removing another person from the vehicle, provided that the person entering:

(a) Has a reasonable, good-faith belief that the other person is in imminent danger of suffering death or serious bodily harm;

(b) Contacts law enforcement before and immediately after entering, if feasible; and

(c) Uses no more force than reasonably necessary to gain entry.

(2) This section shall not be construed to provide immunity from civil liability for physical harm caused to the person in the vehicle or for any other action or omission unrelated to the act of entering the vehicle as provided in subsection (1) of this section.

History:

[5-344, added 2018, ch. 285, sec. 1, p. 673.]
Idaho Code § 5-403 — Idaho Code / Title 5 / Chapter 4 / Section 5-403
5-403 ACTIONS AGAINST COUNTIES.
Status: in_force

5-403. Actions against counties. An action against a county may be commenced and tried in such county unless such action is brought by a county, in which case it may be commenced and tried in any county, not a party thereto.

History:

[(5-403) C.C.P. 1881, sec. 207; R.S., R.C., & C.L., sec. 4122; C.S., sec. 6663; I.C.A., sec. 5-403.]
Idaho Code § 5-332 — Idaho Code / Title 5 / Chapter 3 / Section 5-332
5-332 CONSENT FOR EMERGENCY MEDICAL TREATMENT.
Status: in_force

5-332. Consent for emergency medical treatment. The authorization or refusal of consent for emergency medical treatment under section 5-330 or 5-331, Idaho Code, shall be governed by chapter 45, title 39, Idaho Code.

History:

[5-332, added 1976, ch. 318, sec. 1, p. 1089; am. 2005, ch. 120, sec. 3, p. 390.]
Idaho Code § 5-219 — Idaho Code / Title 5 / Chapter 2 / Section 5-219
5-219 ACTIONS AGAINST OFFICERS, FOR PENALTIES, ON BONDS, AND FOR PROFESSIONAL MALPRACTICE OR FOR PERSONAL INJURIES.
Status: in_force

5-219. Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries. Within two (2) years:

1. An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

2. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the state, except when the statute imposing it prescribes a different limitation.

3. An action upon a statute or upon an undertaking in a criminal action for a forfeiture or penalty to a county or to the people of the state.

4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant; provided, however, when the action is for damages arising out of the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the same shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of; but in all other actions, whether arising from professional malpractice or otherwise, the cause of action shall be deemed to have accrued as of the time of the occurrence, act or omission complained of, and the limitation period shall not be extended by reason of any continuing consequences or damages resulting therefrom or any continuing professional or commercial relationship between the injured party and the alleged wrongdoer, and, provided further, that an action within the foregoing foreign object or fraudulent concealment exceptions must be commenced within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of, whichever is later. The term "professional malpractice" as used herein refers to wrongful acts or omissions in the performance of professional services by any person, firm, association, entity or corporation licensed to perform such services under the law of the state of Idaho. This subsection shall not affect the application of section 5-243, Idaho Code, except as to actions arising from professional malpractice. Neither shall this subsection be deemed or construed to amend, or repeal section 5-241, Idaho Code.

5. An action for libel, slander, assault, battery, false imprisonment or seduction.

6. An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

History:

[(5-219) C.C.P. 1881, sec. 159; R.S., sec. 4055; am. 1903, p. 56, sec. 1; reen. R.C. & C.L., sec. 4055; C.S., sec. 6612; I.C.A., sec. 5-219; am. 1971, ch. 180, sec. 1, p. 845.]
Idaho Code § 5-321 — Idaho Code / Title 5 / Chapter 3 / Section 5-321
5-321 INTERPLEADER.
Status: in_force

5-321. Interpleader. In an action commenced by a person possessing specific personal property which is claimed by two (2) or more persons to determine to which the property should be delivered, or in an action for the recovery of specific personal property where a third person demands of the defendant the same property, the court in its discretion, on motion of the person possessing the property, and notice to the persons claiming the property, whether or not they are parties to the action, may, before answer, make an order discharging the person possessing the property from liability to claiming persons and interplead such claiming person or persons in the action. The order shall not be made except on the condition that the person possessing the property shall deliver the property or its value to the clerk of the court or to such custodian as the court may direct, and unless it appears from the affidavit of the person possessing the property, filed with the clerk with the motion, that such person or persons claiming makes or make such demand without collusion with the party possessing the property. The affidavit of such third person as to whether he makes such demand of the defendant may be read on the hearing of the motion.

A person possessing the property who follows the procedure set forth above may insert in his motion for interpleader a request for allowance of his costs and reasonable attorney fees incurred in such action. In ordering the discharge of such party, the court may, in its discretion, award such party his costs and reasonable attorney fees from the amount in dispute which has been deposited with the court. At the time of final judgment in the action, the court may make such further provision for assumption of such costs and attorney fees by one (1) or more of the adverse claimants. At the same time, the court may, in its discretion, award to the person determined to be entitled to the property his costs and reasonable attorneys' fees against an unsuccessful claimant if the claim asserted by said claimant was frivolous or without substantial merit.

History:

[I.C., sec. 5-321, as added by 1971, ch. 164, sec. 2, p. 786.]
Idaho Code § 5-517 — Idaho Code / Title 5 / Chapter 5 / Section 5-517
5-517 SERVICE IN OTHER MANNER UNAFFECTED.
Status: in_force

5-517. Service in other manner unaffected. Nothing herein contained limits or affects the right to service of process in any other manner now or hereafter provided by law.

History:

[5-517, added 1961, ch. 153, sec. 4, p. 224.]
Idaho Code § 5-339 — Idaho Code / Title 5 / Chapter 3 / Section 5-339
5-339 IMMUNITY OF FOOD DONOR AND FOOD BANK.
Status: in_force

5-339. Immunity of food donor and food bank. (1) It shall not be negligence for a donor of food to donate food apparently fit for human consumption at the time of its donation solely because:

(a) The label on the food is missing or the food is otherwise misbranded; or

(b) The food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus.

(2) A food bank that receives and distributes food apparently fit for human consumption shall not be found negligent or liable for damages caused by food it distributes if:

(a) The food bank inspects the food received in a reasonable manner and finds it to be apparently fit for human consumption at the time of distribution;

(b) The food bank has no actual or constructive knowledge at the time the food is distributed that it is adulterated, tainted, contaminated, or would be harmful to the health or well-being of an individual consuming it; and

(c) The injury or death is not proximately caused by the misconduct of the food bank.

(3) It shall not be negligence for a food bank to distribute food apparently fit for human consumption at the time of its distribution solely because:

(a) The label on the food is missing or the food is otherwise misbranded; or

(b) The food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus.

(4) For purposes of this section:

(a) "Donor" includes a person, farmer, rancher, retailer, slaughterhouse under state supervision, freight company, distributor, wholesaler, meat processor, seafood processor, or similar entity, and a person who acts in a commercial capacity as a manufacturer, packer, processor, bottler, or similar entity, even if that activity is the person's primary activity.

(b) "Food" means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

(c) "Food bank" means a nonprofit organization that operates principally to collect, inspect, and salvage donated food for free distribution either to needy persons or to nonprofit organizations for free distribution to needy persons. In this paragraph, "nonprofit organization" means an organization recognized by the state or federal government as a nonprofit organization.

(5) This section does not apply to donations of wild game meat to charitable institutions. Liability and immunity for donations of wild game meat to charitable institutions shall be determined according to section 5-338, Idaho Code.

History:

[5-339, added 2000, ch. 321, sec. 1, p. 1088.]
Idaho Code § 5-309 — Idaho Code / Title 5 / Chapter 3 / Section 5-309
5-309 ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN.
Status: in_force

5-309. Action for seduction — Prosecution by parent or guardian. The parents may prosecute as plaintiffs for the seduction of a daughter under the age of majority at the time of the seduction, and the guardian for the seduction of a ward under the age of majority at the time of seduction, though the daughter or ward be not living with or in the service of the plaintiff or plaintiffs at the time of the seduction, or afterward, and there be no loss of service, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone.

History:

[(5-309) C.C.P. 1881, sec. 1901; R.S. & R.C., sec. 4098; am. 1915, ch. 120, sec. 2, p. 266; reen. C.L., sec. 4098; C.S., sec. 6642; I.C.A., sec. 5-309.]
Idaho Code § 5-209 — Idaho Code / Title 5 / Chapter 2 / Section 5-209
5-209 POSSESSION UNDER ORAL CLAIM OF TITLE.
Status: in_force

5-209. Possession under oral claim of title. Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely.

History:

[(5-209) C.C.P. 1881, sec. 149; R.S., R.C., & C.L., sec. 4042; C.S., sec. 6602; I.C.A., sec. 5-209.]
Idaho Code § 5-230 — Idaho Code / Title 5 / Chapter 2 / Section 5-230
5-230 PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY.
Status: in_force

5-230. Persons under disabilities — Other than for real property. If a person entitled to bring an action, other than for the recovery of real property, be, at the time the cause of action accrued, either:

1. Under the age of majority; or

2. Insane.

The time of such disability is not a part of the time limited for the commencement of the action, provided however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant's absence from the jurisdiction, any legal disability or for other cause or reason except as specifically provided in section 5-213, Idaho Code.

History:

[(5-230) C.C.P. 1881, sec. 170; R.S., R.C., & C.L., sec. 4070; C.S., sec. 6623; I.C.A., sec. 5-230; am. 1976, ch. 276, sec. 1, p. 950; am. 1985, ch. 74, sec. 1, p. 149; am. 1993, ch. 120, sec. 1, p. 309.]
Idaho Code § 5-246 — Idaho Code / Title 5 / Chapter 2 / Section 5-246
5-246 PRESCRIPTIVE OVERFLOW EASEMENTS.
Status: in_force

5-246. Prescriptive overflow easements. In conformity with the limitations of actions time period set forth in sections 5-203 through 5-206, Idaho Code, the owner of a dam shall be deemed to have obtained a nonexclusive prescriptive overflow easement over real property which has been inundated or overflowed by the operations of the dam for at least a part of a year for any consecutive five (5) year period prior to commencement of an action by the property owner seeking relief inconsistent with such nonexclusive prescriptive overflow easement. Said dam owner shall be deemed to have not forfeited said nonexclusive prescriptive overflow easement if the reason for the failure to exercise the easement is a lack of water caused by drought or acts of God.

It is further provided that if a dam has inundated or overflowed real property for at least a part of a year for the five (5) consecutive years prior to the enactment of this section, then the owner of the dam shall be deemed to have obtained a nonexclusive prescriptive overflow easement hereunder over said real property one (1) year after the enactment of this section, provided, no action seeking relief inconsistent with such nonexclusive prescriptive overflow easement has been commenced by the property owner within one (1) year of the enactment of this section. The provisions of this section shall not be construed to affect the riparian and littoral rights of property owners to have access to and use of waters in this state, or to restrict any use of the underlying property for any purpose otherwise consistent with ownership thereof, even if said use reasonably interferes with the storage of water on the property, but said use shall not unreasonably interfere with the storage of water on the property. Nothing herein shall be deemed to affect any prescriptive overflow easement that any dam owner may have previously acquired under common law. The provisions of this section shall not be construed to apply to the beds of navigable waters lying below the natural or ordinary high watermark as defined in subsection (c) of section 58-1302, Idaho Code, and subsection (9) of section 58-104, Idaho Code, or any other lands owned by the state of Idaho.

History:

[5-246, added 1991, ch. 328, sec. 1, p. 846; am. 1991, ch. 267, sec. 1, p. 657; am. 2010, ch. 144, sec. 1, p. 305.]
Idaho Code § 5-201 — Idaho Code / Title 5 / Chapter 2 / Section 5-201
5-201 LIMITATIONS IN GENERAL.
Status: in_force

5-201. Limitations in general. Civil actions can only be commenced within the periods prescribed in this chapter after the cause of action shall have accrued, except when, in special cases, a different limitation is prescribed by statute.

History:

[(5-201) C.C.P. 1881, sec. 141; R.S., R.C., & C.L., sec. 4030; C.S., sec. 6594; I.C.A., sec. 5-201.]
Idaho Code § 5-232 — Idaho Code / Title 5 / Chapter 2 / Section 5-232
5-232 ALIENS IN TIME OF WAR.
Status: in_force

5-232. Aliens in time of war. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.

History:

[(5-232) C.C.P. 1881, sec. 172; R.S., R.C., & C.L., sec. 4072; C.S., sec. 6625; I.C.A., sec. 5-232.]
Idaho Code § 5-409 — Idaho Code / Title 5 / Chapter 4 / Section 5-409
5-409 ACTIONS AFFECTING REAL ESTATE — PROCEEDINGS AFTER JUDGMENT.
Status: in_force

5-409. Actions affecting real estate — Proceedings after judgment. When an action or proceeding affecting the title to or possession of real estate has been brought in or transferred to any court of a county other than the county in which the real estate, or some portion of it, is situated, the clerk of such court must, after final judgment therein, certify, under his seal of office, and transmit to the corresponding court of the county in which the real estate affected by the action is situated, a copy of the judgment. The clerk receiving such copy must file, docket and record the judgment in the records of the court, briefly designating it as a judgment transferred from …. court (naming the proper court).

History:

[(5-409) C.C.P. 1881, sec. 213; R.S., R.C., & C.L., sec. 4128; C.S., sec. 6669; I.C.A., sec. 5-409.]
Idaho Code § 5-224 — Idaho Code / Title 5 / Chapter 2 / Section 5-224
5-224 ACTIONS FOR OTHER RELIEF.
Status: in_force

5-224. Actions for other relief. An action for relief not hereinbefore provided for must be commenced within four (4) years after the cause of action shall have accrued.

History:

[(5-224) C.C.P. 1881, sec. 164; R.S., R.C., & C.L., sec. 4060; C.S., sec. 6617; I.C.A., sec. 5-224.]
Idaho Code § 5-509 — Idaho Code / Title 5 / Chapter 5 / Section 5-509
5-509 ORDER OF SERVICE.
Status: in_force

5-509. Order of service. The order must direct the publication to be made in a newspaper to be designated as most likely to give notice to the person to be served, at least once a week for four (4) consecutive weeks.

In case publication is ordered where the residence of a nonresident or absent defendant is known, the order must direct a copy of the summons and complaint to be deposited within ten (10) days in any post office, directed to the person to be served at his last known post office address. When publication is ordered and made, the service of summons is complete at the expiration of the period of publication. When personal service of summons is ordered and made outside of the state, the service is complete at the time of service.

History:

[(5-509) C.C.P. 1881, sec. 222; R.S. & R.C., sec. 4146; am. 1909, p. 185, sec. 3; reen. C.L., sec. 4146; C.S., sec. 6678; am. 1925, ch. 43, sec. 2, p. 60; am. 1927, ch. 93, sec. 5, p. 119; I.C.A., sec. 5-509; am. 1957, ch. 137, sec. 1, p. 229; am. 2019, ch. 147, sec. 1, p. 497.]
Idaho Code § 5-327 — Idaho Code / Title 5 / Chapter 3 / Section 5-327
5-327 PERSONAL INJURIES — PROPERTY DAMAGE — DEATH OF WRONGDOER — DEATH OF INJURED PARTY — SURVIVAL OF ACTION.
Status: in_force

5-327. Personal injuries — Property damage — Death of wrongdoer — death of injured party — Survival of action. (1) Causes of action arising out of injury to the person or property, or death, caused by the wrongful act or negligence of another, except actions for slander or libel, shall not abate upon the death of the wrongdoer, and each injured person or the personal representative of each one meeting death, as above stated, shall have a cause of action against the personal representative of the wrongdoer; provided, however, the punitive damages or exemplary damages shall not be awarded nor penalties adjudged in any such action; provided, however, that the injured person shall not recover judgment except upon some competent, satisfactory evidence corroborating the testimony of said injured person regarding negligence and proximate cause.

(2) A cause of action for personal injury or property damage caused by the wrongful act or negligence of another shall not abate upon the death of the injured person from causes not related to the wrongful act or negligence. Provided however, that the damages that may be recovered in such action are expressly limited to those for: (i) medical expenses actually incurred, (ii) other out-of-pocket expenses actually incurred, and (iii) loss of earnings actually suffered, prior to the death of such injured person and as a result of the wrongful act or negligence. Such action shall be commenced or, if already commenced at the time of the death of the injured person, shall be thereafter prosecuted by the personal representative of the estate of the deceased person or, if there be no personal representative appointed, then by those persons who would be entitled to succeed to the property of the deceased person according to the provisions of section 5-311(2)(a), Idaho Code.

History:

[5-327, added 1949, ch. 47, sec. 1, p. 82; am. 1965, ch. 137, sec. 1, p. 270; am. 1971, ch. 209, sec. 1, p. 918; am. 2010, ch. 349, sec. 2, p. 912.]
Idaho Code § 5-226 — Idaho Code / Title 5 / Chapter 2 / Section 5-226
5-226 ACTION TO REDEEM MORTGAGE.
Status: in_force

5-226. Action to redeem mortgage. An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises for five (5) years after breach of some condition of the mortgage.

History:

[(5-226) C.C.P. 1881, sec. 166; R.S., R.C., & C.L., sec. 4062; C.S., sec. 6619; I.C.A., sec. 5-226.]
Idaho Code § 5-202 — Idaho Code / Title 5 / Chapter 2 / Section 5-202
5-202 ACTIONS BY STATE.
Status: in_force

5-202. Actions by state. The people of this state will not sue any person for or in respect to any real property or the issues or profits thereof, by reason of the right or title of the people to the same, unless:

1. Such right or title shall have accrued within ten (10) years before any action or other proceeding for the same is commenced; or,

2. The people or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten (10) years.

History:

[(5-202) C.C.P. 1881, sec. 142; R.S., R.C., & C.L., sec. 4035; C.S., sec. 6595; I.C.A., sec. 5-202.]
Idaho Code § 5-217 — Idaho Code / Title 5 / Chapter 2 / Section 5-217
5-217 ACTION ON ORAL CONTRACT.
Status: in_force

5-217. Action on oral contract. Within four (4) years:

An action upon a contract, obligation or liability not founded upon an instrument of writing.

History:

[(5-217) C.C.P. 1881, sec. 157; R.S., R.C., & C.L., sec. 4053; C.S., sec. 6610; I.C.A., sec. 5-217.]