Idaho Code § 6-310A — Idaho Code / Title 6 / Chapter 3 / Section 6-310A
6-310A LIMITED ALTERNATIVE REMEDY TO REMOVE UNAUTHORIZED PERSONS FROM RESIDENTIAL REAL PROPERTY.
Status: in_force

6-310A. limited alternative remedy to remove unauthorized persons from residential real property. (1) The legislature finds that the right to exclude others from entering, and the right to direct others to immediately vacate, residential real property are the most important real property rights. The legislature further finds that existing remedies regarding unauthorized persons who unlawfully remain on residential real property fail to adequately protect the rights of the property owner and fail to adequately discourage theft and vandalism. The intent of this section is to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.

(2) A property owner or the owner's authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met:

(a) The requesting person is the property owner or authorized agent of the property owner;

(b) The real property that is being occupied includes a residential dwelling;

(c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner's property;

(d) The real property was not open to members of the public at the time the unauthorized person or persons entered;

(e) The property owner has directed the unauthorized person to leave the property;

(f) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner;

(g) The unauthorized person or persons are not immediate family members of the property owner; and

(h) There is no pending litigation related to the real property between the property owner and any known unauthorized person.

(3) To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner or the owner's authorized agent must submit a complaint by presenting a completed and verified "Complaint to Remove Persons Unlawfully Occupying Residential Real Property" to the sheriff of the county in which the real property is located. The submitted complaint must be in substantially the following form:

COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY

I, the owner or authorized agent of the owner of the real property located at……, declare under the penalty of perjury that (initial each box):

1….. I am the owner of the real property or the authorized agent of the owner of the real property.

2….. I purchased the property on…..

3….. The real property is a residential dwelling.

4….. An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property.

5….. The real property was not open to members of the public at the time the unauthorized person or persons entered.

6….. I have directed the unauthorized person or persons to leave the real property, but they have not done so.

7….. The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent.

8….. The unauthorized person or persons sought to be removed are not owners or co-owners of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud.

9….. The unauthorized person or persons are not immediate family members of the property owner.

10….. There is no litigation related to the real property pending between the property owner and any person sought to be removed.

11….. I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney's fees.

12….. I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property.

13….. A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner's behalf are attached.

I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY.

…(Signature of Property Owner or Agent of Owner)…

(4) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief pursuant to the provisions of this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. The sheriff shall also attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.

(5) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of restitution. After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or agent of the owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property. The property owner or the owner's authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.

(6) A person may bring a civil cause of action for wrongful removal under this section. A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney's fees. The court shall advance the cause on the calendar.

(7) The provisions of this section shall not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.

History:

[6-310A, added 2025, ch. 222, sec. 1, p. 1042; am. 2026, ch. 82, sec. 1, p. 439.]
Idaho Code § 6-1001 — Idaho Code / Title 6 / Chapter 10 / Section 6-1001
6-1001 HEARING PANEL FOR PRELITIGATION CONSIDERATION OF MEDICAL MALPRACTICE CLAIMS — PROCEDURE.
Status: in_force

6-1001. Hearing panel for prelitigation consideration of medical malpractice claims — Procedure. The Idaho state board of medicine, in alleged malpractice cases involving claims for damages against physicians and surgeons practicing in the state of Idaho or against licensed acute care general hospitals operating in the state of Idaho, is directed to cooperate in providing a hearing panel in the nature of a special civil grand jury and procedure for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide hospital or medical care in the state of Idaho, which proceedings shall be informal and nonbinding, but nonetheless compulsory as a condition precedent to litigation. Proceedings conducted or maintained under the authority of this act shall at all times be subject to disclosure according to chapter 1, title 74, Idaho Code. Formal rules of evidence shall not apply and all such proceedings shall be expeditious and informal.

History:

[6-1001, added 1976, ch. 278, sec. 2, p. 954; am. 1990, ch. 213, sec. 5, p. 491; am. 2015, ch. 141, sec. 2, p. 380.]
Idaho Code § 6-539 — Idaho Code / Title 6 / Chapter 5 / Section 6-539
6-539 INVESTMENT — WHEN MADE IN PARTIES' NAMES.
Status: in_force

6-539. Investment — When made in parties' names. When security is taken by the referees on a sale, and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referee, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, such securities must be taken in the names of and payable to the parties respectively entitled thereto, and must be delivered to such parties upon their receipt therefor. Such agreement and receipt must be returned and filed with the clerk.

History:

[(6-539) C.C.P. 1881, sec. 525; R.S., R.C., & C.L., sec. 4598; C.S., sec. 7014; I.C.A., sec. 9-539.]
Idaho Code § 6-518 — Idaho Code / Title 6 / Chapter 5 / Section 6-518
6-518 LIEN ON UNDIVIDED INTEREST — CHARGE ON SHARE ASSIGNED TO LIENOR.
Status: in_force

6-518. Lien on undivided interest — Charge on share assigned to lienor. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.

History:

[(6-518) C.C.P. 1881, sec. 504; R.S., R.C., & C.L., sec. 4577; C.S., sec. 6993; I.C.A., sec. 9-518.]
Idaho Code § 6-538 — Idaho Code / Title 6 / Chapter 5 / Section 6-538
6-538 INVESTMENT — WHEN MADE IN RECORDER'S NAME.
Status: in_force

6-538. Investment — When made in recorder's name. When the security of the proceeds of sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the recorder of the county where the papers are filed, and his successors in office, who must hold the same for the use and benefit of the parties interested, subject to the order of the court.

History:

[(6-538) C.C.P. 1881, sec. 524; R.S., R.C., & C.L., sec. 4597; C.S., sec. 7013; I.C.A., sec. 9-538.]
Idaho Code § 6-925 — Idaho Code / Title 6 / Chapter 9 / Section 6-925
6-925 POLICY TERMS NOT COMPLYING WITH ACT — CONSTRUCTION — EXCEPTION.
Status: in_force

6-925. Policy terms not complying with act — Construction — Exception. Any insurance policy, rider or indorsement hereafter issued and purchased to insure against any risk which may arise as a result of the application of this act, which contains any condition or provision not in compliance with the requirements of the act, shall not be rendered invalid thereby, but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider or indorsement been in full compliance with this act, provided the policy is otherwise valid. The section shall not be construed to prohibit any such insurance policy, rider or indorsements from containing standard and customary exclusions of coverages which the insurance commissioner deems to be reasonable and prudent upon considering the availability and the cost of such insurance coverages.

History:

[6-925, added 1971, ch. 150, sec. 25, p. 743.]
Idaho Code § 6-1008 — Idaho Code / Title 6 / Chapter 10 / Section 6-1008
6-1008 CONFIDENTIALITY OF PROCEEDINGS.
Status: in_force

6-1008. Confidentiality of proceedings. Neither party shall be entitled, except upon special order of the panel, to attend and participate in the proceedings which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and closed to public observation at all times, except during the giving of his or her own testimony or presentation of argument of his or her position, whether by counsel or personally; nor shall there be cross-examination, rebuttal or other customary formalities of civil trials and court proceedings. The panel itself may, however, initiate requests for special or supplemental participation, in particular respects and of some or all parties; and communications between the panel and the parties, excepting only the parties' own testimony on the merits of the dispute, shall be fully disclosed to all other parties.

History:

[6-1008, added 1976, ch. 278, sec. 9, p. 955; am. 1990, ch. 213, sec. 6, p. 491; am. 2015, ch. 141, sec. 3, p. 380.]
Idaho Code § 6-2103 — Idaho Code / Title 6 / Chapter 21 / Section 6-2103
6-2103 DEFINITIONS.
Status: in_force

6-2103. Definitions. As used in this chapter:

(1) "Adverse action" means to discharge, threaten or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions or privileges.

(2) "Communicate" means a verbal or written report.

(3) "Employee" means a person who performs a service for wages or other remuneration.

(4) (a) "Employer" means the state of Idaho, or any political subdivision or governmental entity eligible to participate in the public employees retirement system, chapter 13, title 59, Idaho Code;

(b) "Employer" includes an agent of an employer.

(5) "Public body" means any of the following:

(a) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution or any other body in the executive branch of state government;

(b) An agency, board, commission, council, institution member or employee of the legislative branch of state government;

(c) A county, city, town, regional governing body, council, school district, special district, municipal corporation, other political subdivision, board, department, commission, council, agency or any member or employee of them;

(d) Any other body that is created by state or local authority, or any member or employee of that body;

(e) A law enforcement agency or any member or employee of a law enforcement agency; and

(f) The judiciary and any member or employee of the judiciary.

History:

[6-2103, added 1994, ch. 100, sec. 1, p. 227.]
Idaho Code § 6-3806 — Idaho Code / Title 6 / Chapter 38 / Section 6-3806
6-3806 VENUE.
Status: in_force

6-3806. venue. (1) Notwithstanding any other provision of law to the contrary, including chapter 4, title 5, Idaho Code, a civil action brought under section 6-3804, Idaho Code, may be brought in:

(a) The county in which all or a substantial part of the events or omissions giving rise to the claim occurred;

(b) The county of residence for any of the natural person defendants at the time the cause of action accrued;

(c) The county of the principal office in this state of any of the defendants that is not a natural person; or

(d) The county of residence for the claimant, if the claimant is a natural person residing in this state.

(2) If a civil action is brought under section 6-3804, Idaho Code, in any of the venues described in subsection (1) of this section, then the action may not be transferred to a different venue without the written consent of all parties.

History:

[6-3806, added 2024, ch. 113, sec. 1, p. 491.]
Idaho Code § 6-2203 — Idaho Code / Title 6 / Chapter 22 / Section 6-2203
6-2203 SYSTEM ESTABLISHED UNDER SECTION 1, ARTICLE IX.
Status: in_force

6-2203. System established under section 1, article IX. The legislature hereby declares that the statutes allowing the creation of or chartering local school districts and giving them authority to raise and spend moneys and to provide educational services are designed to establish and maintain a general, uniform and thorough system of public, free common schools. The legislature hereby declares that the public schools operated by and the educational services provided by local school districts, together with any public schools operated by the state, constitute the system of public, free common schools described in section 1, article IX of the constitution of the state of Idaho.

History:

[6-2203, added 1996, ch. 258, sec. 1, p. 846.]
Idaho Code § 6-611 — Idaho Code / Title 6 / Chapter 6 / Section 6-611
6-611 IMMUNITY FROM LIABILITY.
Status: in_force

6-611. Immunity from liability. No public officer may be held either criminally or civilly liable for actions performed under any statute if such statute is subsequently declared by judicial determination to be unconstitutional or otherwise non-existent or void, if such actions would have been legal had such statute not been held by judicial determination to be unconstitutional or otherwise non-existent or void.

History:

[I.C., sec. 6-611, as added by 1959, ch. 5, sec. 1, p. 12.]
Idaho Code § 6-3808 — Idaho Code / Title 6 / Chapter 38 / Section 6-3808
6-3808 IMMUNITY FROM SUIT AND LIMITS ON STATE-COURT JURISDICTION.
Status: in_force

6-3808. IMMUNITY FROM SUIT AND LIMITS ON STATE-COURT JURISDICTION. (1) Notwithstanding any other provision of law to the contrary, the state and each of its subdivisions and their officers and employees shall have sovereign immunity, governmental immunity, and official immunity, as appropriate, in any action, claim, counterclaim, or any type of legal or equitable action that challenges the validity of any provision or application of this chapter, on constitutional grounds or otherwise, or that seeks to prevent or enjoin the state or its political subdivisions or any of their officers, employees, or agents from enforcing any provision or application of this chapter, or from hearing, adjudicating, or docketing a civil action brought under section 6-3804, Idaho Code, unless that immunity has been abrogated or preempted by federal law in a manner consistent with the constitution of the United States. The sovereign immunity conferred by this section on the state and each of its officers and employees includes the constitutional sovereign immunity recognized by the supreme court of the United States.

(2) Notwithstanding any provision of law to the contrary, the immunities conferred by subsection (1) of this section shall apply in every court, both state and federal, and in every adjudicative proceeding of any type whatsoever.

(3) Notwithstanding any other provision of law to the contrary, no provision of state law may be construed to waive or abrogate an immunity described in subsection (1) of this section unless it expressly waives or abrogates immunity with specific reference to this section.

(4) Notwithstanding any other provision of law to the contrary, no attorney representing the state, its political subdivisions, or any officer, employee, or agent of this state or a political subdivision is authorized or permitted to waive an immunity described in subsection (1) of this section or take any action that would result in a waiver of that immunity, and any such action or purported waiver shall be regarded as a legal nullity and an ultra vires act.

(5) Notwithstanding any other provision of law to the contrary, including title 1, Idaho Code, chapter 12, title 10, Idaho Code, and Idaho appellate rules 5, 13, and 43, no court of this state may award declaratory or injunctive relief, or any type of stay or writ, including a writ of prohibition, that would pronounce any provision or application of this chapter invalid or unconstitutional or that would restrain or prevent the state, its political subdivisions, any officer, employee, or agent of this state or a political subdivision, or any person from implementing or enforcing any provision or application of this chapter, or from hearing, adjudicating, docketing, or filing a civil action brought under section 6-3804, Idaho Code, and no inferior court of this state shall have jurisdiction to consider any action, claim, or counterclaim that seeks such relief.

(6) Nothing in this section or chapter shall be construed to prevent a litigant from asserting the invalidity or unconstitutionality of any provision or application of this chapter as a defense to any action, claim, or counterclaim brought against that litigant.

(7) Notwithstanding any other provision of law to the contrary, any judicial relief issued by a court of this state that disregards the immunities conferred by subsection (1) of this section, or the limitations on jurisdiction and relief imposed by subsection (5) of this section, shall be regarded as a legal nullity because it was issued by a court without jurisdiction and may not be enforced or obeyed by any officer, employee, or agent of this state or a political subdivision, judicial or otherwise.

(8) Notwithstanding any other provision of law to the contrary, any stay, writ, injunction, or declaratory judgment issued by a court of this state that purports to restrain or prevent the state, its political subdivisions, any officer, employee, or agent of this state or a political subdivision, or any person from hearing, adjudicating, docketing, or filing a civil action brought under section 6-3804, Idaho Code, shall be regarded as a legal nullity and a violation of the due process clause of the fourteenth amendment to the constitution of the United States and may not be enforced or obeyed by any officer, employee, or agent of this state or a political subdivision, judicial or otherwise.

(9) Notwithstanding any other provision of law to the contrary, including Idaho rule of civil procedure 77, no court may certify a plaintiff or defendant class with respect to any claim that seeks declaratory or injunctive relief, or any type of stay or writ, that would pronounce any provision or application of this chapter invalid or unconstitutional, or that would restrain or prevent the state, its political subdivisions, any officer, employee, or agent of this state or a political subdivision, or any person from enforcing any provision or application of this chapter, or from hearing, adjudicating, docketing, or filing a civil action brought under section 6-3804, Idaho Code.

History:

[6-3808, added 2024, ch. 113, sec. 1, p. 492.]
Idaho Code § 6-536 — Idaho Code / Title 6 / Chapter 5 / Section 6-536
6-536 RECORD AND EFFECT OF CONVEYANCE.
Status: in_force

6-536. Record and effect of conveyance. The conveyances must be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action, and against all such parties and persons as were unknown, if the summons were served by publication, and against all persons claiming under them, or either of them, and against all persons having unrecorded deeds or liens at the commencement of the action.

History:

[(6-536) C.C.P. 1881, sec. 522; R.S., R.C., & C.L., sec. 4595; C.S., sec. 7011; I.C.A., sec. 9-536.]
Idaho Code § 6-2104 — Idaho Code / Title 6 / Chapter 21 / Section 6-2104
6-2104 REPORTING OF GOVERNMENTAL WASTE OR VIOLATION OF LAW — EMPLOYER ACTION.
Status: in_force

6-2104. Reporting of governmental waste or violation of law — Employer action.

(1) (a) An employer may not take adverse action against an employee because the employee, or a person authorized to act on behalf of the employee, communicates in good faith the existence of any waste of public funds, property or manpower, or a violation or suspected violation of a law, rule or regulation adopted under the law of this state, a political subdivision of this state or the United States. Such communication shall be made at a time and in a manner that gives the employer reasonable opportunity to correct the waste or violation.

(b) For purposes of paragraph (a) of this subsection, an employee communicates in good faith if there is a reasonable basis in fact for the communication. Good faith is lacking where the employee knew or reasonably ought to have known that the report is malicious, false or frivolous.

(2) (a) An employer may not take adverse action against an employee because an employee in good faith participates or communicates information in good faith in an investigation, hearing, court proceeding, legislative or other inquiry, or other form of administrative review concerning the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or the United States.

(b) For purposes of paragraph (a) of this subsection, an employee participates or gives information in good faith if there is a reasonable basis in fact for the participation or the provision of the information. Good faith is lacking where the employee knew or reasonably ought to have known that the employee's participation or the information provided by the employee is malicious, false or frivolous.

(3) An employer may not take adverse action against an employee because the employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law or a rule or regulation adopted under the authority of the laws of this state, political subdivision of this state or the United States.

(4) An employer may not implement rules or policies that unreasonably restrict an employee's ability to document the existence of any waste of public funds, property or manpower, or a violation or suspected violation of any laws, rules or regulations.

History:

[6-2104, added 1994, ch. 100, sec. 1, p. 227; am. 2017, ch. 272, sec. 1, p. 712; am. 2020, ch. 295, sec. 1, p. 848.]
Idaho Code § 6-508 — Idaho Code / Title 6 / Chapter 5 / Section 6-508
6-508 RIGHTS OF ALL PARTIES MAY BE DETERMINED.
Status: in_force

6-508. Rights of all parties may be determined. The rights of the several parties, plaintiff as well as defendant, may be put in issue, tried and determined in such action; and when a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of the court before the judgment of sale can be made; and where service of the complaint has been made by publication, like proof must be required of the right of the absent or unknown parties before such judgment is rendered, except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, and not as between themselves.

History:

[(6-508) C.C.P. 1881, sec. 494; R.S., R.C., & C.L., sec. 4567; C.S., sec. 6983; I.C.A., sec. 9-508.]
Idaho Code § 6-706 — Idaho Code / Title 6 / Chapter 7 / Section 6-706
6-706 RADIO OR TELEVISION BROADCASTING STATION OR NETWORK OF STATIONS — PROOF OF MALICE.
Status: in_force

6-706. Radio or television broadcasting station or network of stations — Proof of malice. No person, firm, or corporation owning or operating a radio or television broadcasting station or network of stations shall be liable under the laws of libel, slander or defamation on account of having made its broadcasting facilities or network available to any person, in the absence of proof of actual malice on the part of such owner or operator; Provided, however, that this section shall not be construed to amend or modify the provisions of section 6-701, Idaho Code.

History:

[6-706, added 1963, ch. 158, sec. 1, p. 459.]
Idaho Code § 6-1404 — Idaho Code / Title 6 / Chapter 14 / Section 6-1404
6-1404 COMPARATIVE RESPONSIBILITY.
Status: in_force

6-1404. Comparative responsibility. Comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for product liability resulting in death or injury to person or property, if such responsibility was not as great as the responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of responsibility attributable to the person recovering.

History:

[(6-1404) 6-1304, added 1980, ch. 225, sec. 1, p. 501; am. and redesig. 2005, ch. 25, sec. 6, p. 85.]
Idaho Code § 6-3901 — Idaho Code / Title 6 / Chapter 39 / Section 6-3901
6-3901 SHORT TITLE.
Status: in_force

6-3901. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Public Expression Protection Act."

History:

[6-3901, added 2025, ch. 17, sec. 1, p. 48.]
Idaho Code § 6-2201 — Idaho Code / Title 6 / Chapter 22 / Section 6-2201
6-2201 SHORT TITLE.
Status: in_force

6-2201. Short title. This chapter shall be known and may be cited as the "Constitutionally Based Educational Claims Act."

History:

[6-2201, added 1996, ch. 258, sec. 1, p. 845.]
Idaho Code § 6-1902 — Idaho Code / Title 6 / Chapter 19 / Section 6-1902
6-1902 A MENTAL HEALTH PROFESSIONAL'S DUTY TO WARN.
Status: in_force

6-1902. A mental health professional's duty to warn. A mental health professional has a duty to warn a victim if a patient has communicated to the mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such a threat.

History:

[6-1902, added 1991, ch. 235, sec. 1, p. 565.]
Idaho Code § 6-701 — Idaho Code / Title 6 / Chapter 7 / Section 6-701
6-701 DEFAMATORY STATEMENTS UTTERED ON RADIO AND TELEVISION BROADCASTS IN BEHALF OF CANDIDATES — LIABILITY.
Status: in_force

6-701. Defamatory statements uttered on radio and television broadcasts in behalf of candidates — Liability. The owner, licensee, or operator of a visual or sound radio broadcasting station, or network of stations, or agents or employees of any such owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of any visual or sound radio broadcast by or on behalf of any candidate for public office; Provided, however, that this exemption from liability shall not apply to any owner, licensee, or operator, or agent or employee of any owner, licensee, or operator of such visual or sound radio broadcasting station, or network of stations, when such owner, licensee, or operator, or agent or employee of the owner, licensee, or operator of such visual or sound radio broadcasting station is a candidate for public office or speaking on behalf of a candidate for public office.

History:

[6-701, added 1953, ch. 29, sec. 1, p. 49; am. 2011, ch. 151, sec. 3, p. 415.]
Idaho Code § 6-106 — Idaho Code / Title 6 / Chapter 1 / Section 6-106
6-106 DUTY OF CLERK ON RETURN OF EXECUTION.
Status: in_force

6-106. Duty of clerk on return of execution. Upon the return of such execution by the sheriff, the clerk of the district court issuing the same shall file such execution as in other cases, and as county recorder shall record said execution and return as in other cases of sales of real property. Immediately after such execution and return has been so recorded, as such county recorder he shall prepare a copy of such execution and return and certify the same, which shall be sent by United States mail, postage prepaid, to the county recorder of the other county or counties in which a portion of such real property is situated, and the county recorder of such county or counties shall record such execution and return with the certificate thereto, as in other cases upon the return of executions where real property has been sold.

History:

[(6-106) 1909, p. 171, sec. 2; reen. C.L., sec. 4525; C.S., sec. 6954; I.C.A., sec. 9-106.]
Idaho Code § 6-2603 — Idaho Code / Title 6 / Chapter 26 / Section 6-2603
6-2603 DEFINITIONS.
Status: in_force

6-2603. Definitions. As used in this chapter, unless the context otherwise requires:

(1) "Clandestine drug laboratory" means the areas where controlled substances or their immediate precursors, as those terms are defined in section 37-2701, Idaho Code, have been, or were attempted to be, manufactured, processed, cooked, disposed of or stored, and all proximate areas that are likely to be contaminated as a result of such manufacturing, processing, cooking, disposing or storing.

(2) "Department" means the Idaho department of health and welfare.

(3) "Law enforcement agency" means any policing agency of the state or of any political subdivision of the state.

(4) "Qualified industrial hygienist" means an individual who is:

(a) Certified in comprehensive practice by the American board of industrial hygiene; or

(b) Registered as a member of the association of professional industrial hygienists.

(5) "Residential property" means any building or structure to be primarily occupied by people, either as a dwelling or as a business, including a storage facility, mobile home, manufactured home or recreational vehicle that may be sold, leased or rented for any length of time. "Residential property" does not include any water system, sewer system, land or water outside of a building or structure.

(6) "Residential property owner" means the person holding record title to residential property, as defined in this section.

History:

[6-2603, added 2005, ch. 215, sec. 1, p. 687; am. 2025, ch. 84, sec. 2, p. 394.]
Idaho Code § 6-2501 — Idaho Code / Title 6 / Chapter 25 / Section 6-2501
6-2501 SHORT TITLE.
Status: in_force

6-2501. Short title. This chapter shall be known and may be cited as the "Notice and Opportunity to Repair Act."

History:

[6-2501, added 2003, ch. 133, sec. 1, p. 386.]
Idaho Code § 6-803 — Idaho Code / Title 6 / Chapter 8 / Section 6-803
6-803 CONTRIBUTION AMONG JOINT TORTFEASORS — DECLARATION OF RIGHT — EXCEPTION — LIMITED JOINT AND SEVERAL LIABILITY.
Status: in_force

6-803. Contribution among joint tortfeasors — Declaration of right — Exception — Limited joint and several liability. (1) The right of contribution exists among joint tortfeasors, but a joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.

(2) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.

(3) The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section. In any action in which the trier of fact attributes the percentage of negligence or comparative responsibility to persons listed on a special verdict, the court shall enter a separate judgment against each party whose negligence or comparative responsibility exceeds the negligence or comparative responsibility attributed to the person recovering. The negligence or comparative responsibility of each such party is to be compared individually to the negligence or comparative responsibility of the person recovering. Judgment against each such party shall be entered in an amount equal to each party's proportionate share of the total damages awarded.

(4) As used herein, "joint tortfeasor" means one (1) of two (2) or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.

(5) A party shall be jointly and severally liable for the fault of another person or entity or for payment of the proportionate share of another party where they were acting in concert or when a person was acting as an agent or servant of another party. As used in this section, "acting in concert" means pursuing a common plan or design which results in the commission of an intentional or reckless tortious act.

History:

[6-803, added 1971, ch. 186, sec. 3, p. 862; am. 1987, ch. 278, sec. 4, p. 578; am. 1990, ch. 120, sec. 1, p. 290; am. 2003, ch. 122, sec. 1, p. 370.]
Idaho Code § 6-311A — Idaho Code / Title 6 / Chapter 3 / Section 6-311A
6-311A JUDGMENT ON TRIAL BY COURT.
Status: in_force

6-311A. Judgment on trial by court. In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or on the grounds that the landlord has reasonable grounds to believe that a person is, or has been, engaged in the unlawful delivery, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or for forcible detainer, or if the tenant is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, the action shall be tried by the court without a jury. If, after hearing the evidence the court concludes that the complaint is not true, it shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, it shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action. If the court finds the complaint true in part, it shall render judgment for the restitution of such part only, and the costs and disbursements shall be taxed as the court deems just and equitable. No provision of this law shall be construed to prevent the bringing of an action for damages.

History:

[6-311A, added 1974, ch. 308, sec. 5, p. 1803; am. 1996, ch. 169, sec. 1, p. 553; am. 2001, ch. 203, sec. 4, p. 693; am. 2006, ch. 248, sec. 3, p. 758; am. 2017, ch. 276, sec. 3, p. 725.]
Idaho Code § 6-2401 — Idaho Code / Title 6 / Chapter 24 / Section 6-2401
6-2401 LIABILITY FOR EMERGENCY RESPONSES.
Status: in_force

6-2401. Liability for emergency responses. (1) Any person who knowingly enters into any area that has been closed to the public by competent authority for any reason, where such closure is posted by sign, barricade or other device, is liable for the expenses of an emergency response required to search for or rescue such person or, if the person was operating a vehicle, any of his or her passengers, plus expenses for the removal of any inoperable vehicle. This section shall not apply to any person who is authorized by the land owner, lessor or manager of the closed area, to be in the closed area, and further shall have no application to any federal, state or local government official who is in the closed area as part of his or her official duty, nor to any person acting in concert with a government authorized search or rescue.

(2) Unless otherwise provided by law, subsection (1) of this section shall apply only to persons eighteen (18) years of age or older and shall apply to all such persons irrespective of whether the person is on foot, on skis or snowshoes, or is operating a motor vehicle, bicycle, vessel, watercraft, raft, snowmobile, all-terrain vehicle, or any other boat or vehicle of any description.

(3) Unless otherwise provided by law, subsection (1) of this section shall only apply to the person who knowingly enters the closed area, and not to his or her family, heirs or assigns.

(4) Expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection (1) of this section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities and not-for-profit entities that incurred the expenses. The person's liability for expenses of an emergency response shall not exceed four thousand dollars ($4,000) for a single incident. The liability imposed under this section is in addition to and not in limitation of any other liability that is imposed.

(5) An insurance policy may exclude coverage for a person's liability for expenses of an emergency response under this section.

(6) Any public agency or private entity that receives full reimbursement from the state search and rescue fund shall not attempt to collect any money from the person. In such cases, the debt described in subsection (4) of this section is collectable by the state of Idaho for reimbursement to the state search and rescue fund.

(7) For purposes of this section:

(a) "Expenses of an emergency response" means those reasonable and necessary costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident, and shall include the cost of providing police, firefighting, search and rescue, and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.

(b) "Public agency" means this state and any city, county, municipal corporation or other public authority that is located in whole or in part in this state and that provides police, firefighting, medical or other emergency services.

History:

[6-2401, added 2002, ch. 267, sec. 1, p. 797; am. 2003, ch. 38, sec. 1, p. 157.]
Idaho Code § 6-414 — Idaho Code / Title 6 / Chapter 4 / Section 6-414
6-414 OCCUPANT OF REAL ESTATE — STAY OF EXECUTION FOR POSSESSION — WHEN AUTHORIZED.
Status: in_force

6-414. Occupant of real estate — Stay of execution for possession — When authorized. Where an occupant of real estate has color of title thereto, and in good faith has made valuable improvements thereon, and is afterwards in a proper action found not to be the owner, no execution shall issue to put the owner in possession of the same after the filing of an action as hereinafter provided, until the provisions of this act have been complied with; provided said occupant may elect, after filing of the action, to exercise his right to remove such improvements if it can be done without injury otherwise to such real estate.

History:

[6-414, added 1972, ch. 118, sec. 1, p. 234.]
Idaho Code § 6-1301 — Idaho Code / Title 6 / Chapter 13 / Section 6-1301
6-1301 DEFINITIONS.
Status: in_force

6-1301. Definitions. As used in this chapter:

(1) "Donor" includes, but is not limited to, any food establishment, farmer, processor, distributor, wholesaler or retailer of perishable or nonperishable food.

(2) "Gleaner" means a person who harvests for free distribution perishable food that has been donated by the owner.

(3) "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. "Perishable food" includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, foods that have been packaged, refrigerated or frozen and unserved food of any kind which has been prepared by or for a food establishment. "Perishable food" does not include foods that have been canned and which remain in a sealed canning container.

History:

[6-1301, added 1980, ch. 93, sec. 1, p. 203; am. 1995, ch. 85, sec. 1, p. 250.]
Idaho Code § 6-201 — Idaho Code / Title 6 / Chapter 2 / Section 6-201
6-201 ACTIONS FOR WASTE.
Status: in_force

6-201. Actions for waste. If a guardian, tenant for life or years, joint tenant or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.

History:

[(6-201) C.C.P. 1881, sec. 472; R.S., R.C., & C.L., sec. 4530; C.S., sec. 6957; I.C.A., sec. 9-201.]
Idaho Code § 6-1106 — Idaho Code / Title 6 / Chapter 11 / Section 6-1106
6-1106 DUTIES OF SKIERS.
Status: in_force

6-1106. Duties of skiers. It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures that can be taken.

Each skier expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in the sport of skiing including any injury caused by the following, all whether above or below snow surface: variations in terrain; any movement of snow including, but not limited to, slides, sloughs or avalanches; any depths of snow, including tree wells, or any accumulations of snow, whether natural or man made, including snowmaking mounds; freestyle terrain; surface or subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or debris, lift towers and components thereof; utility poles, and snowmaking and snowgrooming equipment which is plainly visible or plainly marked in accordance with the provisions of section 6-1103, Idaho Code. Therefore, each skier shall have the sole individual responsibility for knowing the range of his own ability to negotiate any slope or trail, and it shall be the duty of each skier to ski within the limits of the skier's own ability, to maintain reasonable control of speed and course at all times while skiing, to heed all posted warnings, to ski only on a skiing area designated by the ski area operator and to refrain from acting in a manner which may cause or contribute to the injury of anyone. The responsibility for collisions by any skier while actually skiing, with any person, shall be solely that of the individual or individuals involved in such collision and not that of the ski area operator.

No person shall place any object in the skiing area or on the uphill track of any aerial passenger tramway that may cause a passenger or skier to fall; cross the track of any T-bar lift, J-bar lift, platter lift or similar device, a fiber rope or wire rope tow and a conveyor, except at a designated location; or depart when involved in a skiing accident, from the scene of the accident without leaving personal identification, including name and address, before notifying the proper authorities or obtaining assistance when that person knows that any other person involved in the accident is in need of medical or other assistance.

No skier shall fail to wear retention straps or other devices to help prevent runaway equipment.

History:

[6-1106, added 1979, ch. 270, sec. 1, p. 703; am. 2014, ch. 187, sec. 3, p. 498.]
Idaho Code § 6-2105 — Idaho Code / Title 6 / Chapter 21 / Section 6-2105
6-2105 REMEDIES FOR EMPLOYEE BRINGING ACTION — PROOF REQUIRED.
Status: in_force

6-2105. Remedies for employee bringing action — Proof required. (1) As used in this section, "damages" means damages for injury or loss caused by each violation of this chapter, and includes court costs and reasonable attorneys' fees.

(2) An employee who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) days after the occurrence of the alleged violation of this chapter.

(3) An action begun under this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has his principal place of business.

(4) To prevail in an action brought under the authority of this section, the employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee, or a person acting on his behalf, engaged or intended to engage in an activity protected under section 6-2104, Idaho Code.

(5) (a) In no action brought pursuant to this chapter shall a judgment for noneconomic damages be entered for a claimant exceeding the limitation on damages contained in section 6-1603(1), Idaho Code.

(b) The limitation contained in this subsection shall apply to the sum of noneconomic damages sustained by a claimant.

(c) Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this section.

History:

[6-2105, added 1994, ch. 100, sec. 1, p. 228; am. 2020, ch. 295, sec. 2, p. 849.]
Idaho Code § 6-904B — Idaho Code / Title 6 / Chapter 9 / Section 6-904B
6-904B EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Status: in_force

6-904B. Exceptions to governmental liability. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim which:

1. Arises out of the detention of any goods or merchandise by any law enforcement officer.

2. Arises out of the cancellation or rescission, or the failure to cancel or rescind, any motor vehicle registration and license plates for failure of the owner to verify or maintain motor vehicle liability insurance coverage.

3. Arises out of the issuance, denial, suspension or revocation of, or failure or refusal to issue, deny, suspend, or revoke a permit, license, certificate, approval, order or similar authorization.

4. Arises out of the failure to make an inspection, or the making of an inadequate inspection of any property, real or personal, other than the property of the governmental entity performing the inspection.

5. Arises out of any act or omission providing or failing to provide medical care to a prisoner or person in the custody of any city, county or state jail, detention center or correctional facility.

6. Arises out of a decision of the state commission of pardons and parole or its executive director when carrying out the business of the commission.

7. Arises out of a decision, act or omission of a city, county, the Idaho board of correction or Idaho department of correction when carrying out duties and responsibilities as set forth in chapter 8, title 20, Idaho Code.

8. Arises out of the operation of a sport shooting range as defined in section 6-2701, Idaho Code.

History:

[6-904B, added 1988, ch. 324, sec. 3, p. 984; am. 1998, ch. 327, sec. 3, p. 1057; am. 2001, ch. 335, sec. 10, p. 1191; am. 2009, ch. 195, sec. 2, p. 630.]
Idaho Code § 6-3303 — Idaho Code / Title 6 / Chapter 33 / Section 6-3303
6-3303 DUTIES OF MOUNTAIN OPERATORS WITH RESPECT TO MOUNTAIN AREAS.
Status: in_force

6-3303. Duties of mountain operators with respect to mountain areas. Every mountain operator shall have the following duties with respect to operation of a mountain area:

(1) To maintain one (1) or more trail boards at prominent locations at each mountain area displaying that area's network of trails;

(2) To post a sign at the bottom of all aerial passenger tramways that advises the passengers to seek advice if not familiar with riding the aerial passenger tramway; and

(3) To not intentionally or negligently cause injury to any person; provided, that except for the duties of the operator set forth in this section and in section 6-3304, Idaho Code, the mountain operator shall have no duty to eliminate, alter, control, or lessen the risks inherent in the sport of bicycling that include but are not limited to those described in section 6-3306, Idaho Code.

History:

[6-3303, added 2020, ch. 329, sec. 1, p. 950.]
Idaho Code § 6-3304 — Idaho Code / Title 6 / Chapter 33 / Section 6-3304
6-3304 DUTIES OF MOUNTAIN OPERATORS WITH RESPECT TO AERIAL PASSENGER TRAMWAYS.
Status: in_force

6-3304. Duties of mountain operators with respect to aerial passenger tramways. Every mountain operator shall have the duty to construct, operate, maintain, and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial passenger tramways.

History:

[6-3304, added 2020, ch. 329, sec. 1, p. 950.]
Idaho Code § 6-3910 — Idaho Code / Title 6 / Chapter 39 / Section 6-3910
6-3910 COSTS, ATTORNEY'S FEES, AND EXPENSES.
Status: in_force

6-3910. costs, attorney's fees, and expenses. Upon a motion pursuant to section 6-3903, Idaho Code, the court shall award court costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion:

(1) To the moving party if the moving party prevails on the motion; or

(2) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

History:

[6-3910, added 2025, ch. 17, sec. 1, p. 50.]
Idaho Code § 6-1205 — Idaho Code / Title 6 / Chapter 12 / Section 6-1205
6-1205 DUTIES OF PARTICIPANTS.
Status: in_force

6-1205. Duties of participants. It is recognized that some recreational activities conducted by outfitters and guides are hazardous to participants regardless of all feasible safety measures that can be taken. Participants shall have a duty to act as would a reasonably prudent man when engaging in recreational activities offered by licensed outfitters and guides in this state. Participants shall have a duty not to:

(1) Do any act that interferes with the running or operation of an outfitter's or guide's activities, when such activities conform to the rules of the Idaho outfitters and guides licensing board and to the requirements of chapter 21, title 36, Idaho Code;

(2) Use any outfitter's or guide's equipment or facilities or services if the participant does not have the ability to use such facilities or equipment or services safely without instructions until the participant has requested and received sufficient instruction to permit safe usage;

(3) Engage in any harmful conduct or willfully or negligently engage in any type of conduct that contributes to or causes injury to any person;

(4) Embark on any self-initiated activity without first informing the outfitter or guide of his intentions and receiving permission from the outfitter or guide to engage in such self-initiated activity.

History:

[6-1205, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 3, p. 1029; am. 2022, ch. 111, sec. 5, p. 370.]
Idaho Code § 6-103 — Idaho Code / Title 6 / Chapter 1 / Section 6-103
6-103 PARTIAL SALES.
Status: in_force

6-103. Partial sales. If the debt for which the mortgage, lien or encumbrance is held is not all due, but is payable in instalments, whether such debt be evidenced by one (1) or more principal notes or otherwise, such mortgage, lien or encumbrance may be foreclosed, at the election of the holder thereof, for the instalment or instalments due, or for taxes or other charges or obligations which the mortgage provides shall be paid by the mortgagor, and the court may by its judgment direct a sale of the encumbered property or of the equity of defendants therein, or so much thereof as may be necessary, to satisfy the amount due for such instalment, charge or obligation, which sale shall be subject to the unpaid balance of said mortgage, lien or encumbrance not reduced to judgment, and such mortgage, lien or encumbrance shall otherwise remain in full force and effect, and the holder thereof shall have the right to foreclose for the balance of the same or any part thereof, notwithstanding the provisions of section 6-101. The remedy herein provided shall be cumulative and not exclusive. Provided, that no deficiency judgment shall be taken under the second or any subsequent foreclosure under any such mortgage, lien or encumbrance.

History:

[(6-103) C.C.P. 1881, sec. 470; R.S., R.C., & C.L., sec. 4522; C.S., sec. 6951; am. 1927, ch. 155, sec. 1, p. 209; I.C.A., sec. 9-103.]
Idaho Code § 6-1206 — Idaho Code / Title 6 / Chapter 12 / Section 6-1206
6-1206 LIABILITY OF OUTFITTERS AND GUIDES.
Status: in_force

6-1206. Liability of outfitters and guides. (1) No outfitter or guide licensed under the provisions of chapter 21, title 36, Idaho Code, and acting in the course of his employment shall be liable to a participant for damages or injuries to such participant unless such damage or injury was directly or proximately caused by the negligent, reckless, or intentional conduct of the outfitter or guide.

(2) An outfitter or guide has no duty to eliminate, alter, control, or lessen the risks inherent with recreational activities provided by outfitters and guides. A participant who takes part in a recreational activity provided by outfitters and guides assumes all risks inherent in that activity.

(3) Any person may, by express written consent, prospectively waive negligence claims against licensed outfitters and guides. It is the policy of this state that such written liability waivers are enforceable to the same degree as similar waivers for other activities.

History:

[6-1206, added 1979, ch. 317, sec. 1, p. 853; am. 1997, ch. 345, sec. 4, p. 1029; am. 2022, ch. 111, sec. 6, p. 371; am. 2023, ch. 109, sec. 1, p. 322.]
Idaho Code § 6-1408 — Idaho Code / Title 6 / Chapter 14 / Section 6-1408
6-1408 CONTENTS OF COMPLAINT — AMOUNT OF RECOVERY.
Status: in_force

6-1408. Contents of complaint — Amount of recovery. In any product liability action no dollar amount or figure shall be included in the complaint. The complaint shall pray for such damages as are reasonable in the premises. The complaint shall include a statement reciting that the jurisdictional amount established for filing the action is satisfied.

History:

[(6-1408) 6-1308, added 1980, ch. 225, sec. 1, p. 504; am. and redesig. 2005, ch. 25, sec. 10, p. 88.]
Idaho Code § 6-911 — Idaho Code / Title 6 / Chapter 9 / Section 6-911
6-911 LIMITATION OF ACTIONS.
Status: in_force

6-911. Limitation of actions. Every claim against a governmental entity permitted under the provisions of this act or against an employee of a governmental entity shall be forever barred, unless an action is begun within two (2) years after the date the claim arose or reasonably should have been discovered, whichever is later.

History:

[6-911, added 1971, ch. 150, sec. 11, p. 743; am. 1976, ch. 309, sec. 10, p. 1066; am. 1985, ch. 136, sec. 3, p. 373.]
Idaho Code § 6-1705 — Idaho Code / Title 6 / Chapter 17 / Section 6-1705
6-1705 EFFECTIVE DATE.
Status: in_force

6-1705. Effective date. This act shall be in full force and effect on and after July 1, 1989. Provided, that an action may be brought under this chapter only if the cause of action accrued on or after July 1, 1989. Provided further, that nothing in this chapter is intended to affect or limit causes of action for damages or other relief recognized by common law or other statutory provisions for events that occurred before July 1, 1989.

History:

[6-1705, added 1989, ch. 47, sec. 1, p. 61.]
Idaho Code § 6-416 — Idaho Code / Title 6 / Chapter 4 / Section 6-416
6-416 OCCUPANT OF REAL ESTATE — DETERMINATION OF RIGHT TO POSSESSION — TENANTS IN COMMON — PARTITION PROCEDURE.
Status: in_force

6-416. Occupant of real estate — Determination of right to possession — Tenants in common — Partition procedure. The owner in the main action may thereupon pay the value of the improvements determined on trial and take the property, but should he fail to do so after a reasonable time not to exceed one (1) year, to be fixed by the court, the claimant may take the property upon paying its value determined on trial, less any amount paid by claimant or his predecessor on a judicial or tax sale, exclusive of the improvements. If this is not done within said time, to be fixed by the court, the parties will be held to be tenants in common of all the real estate, including the improvements, each holding an interest proportionate to the values ascertained on the trial; provided, further, that thereafter, upon the motion of either party, proceedings may be had for partition thereof in accordance with chapter 5, title 6, Idaho Code.

History:

[6-416, added 1972, ch. 118, sec. 3, p. 234; am. 2020, ch. 82, sec. 2, p. 175.]
Idaho Code § 6-405 — Idaho Code / Title 6 / Chapter 4 / Section 6-405
6-405 ORDER FOR SURVEY AND EXAMINATION.
Status: in_force

6-405. Order for survey and examination. (1) Any person having a bona fide claim to the possession of, title of, or interest in any real property or mining claim, including any ledges thereof, that is, or that he has good reason to believe is, in the possession of another, either by surface or underground holdings or workings, and it is necessary for the ascertainment, enforcement or protection of such rights or interests, that an examination or survey of such property be had, and the person so in the possession thereof fails or refuses for three (3) days after demand on him made in writing, to permit such examination or survey to be made, the party desiring the same may apply to the court or the judge thereof, whether he have an action concerning such property pending in such court or not, for an order for such examination and survey.

(2) Such application must be made upon written petition or statement under oath, setting out a description of the property, interest of the party therein, that the premises are in the possession of a party, naming him, the reason why such survey or examination is asked, the demand made for same, and refusal thereof.

(3) The court or judge must appoint a time and place for hearing, of which notice, with a copy of the petition, must be served upon the adverse party at least three (3) days before the hearing and one (1) additional day for each twenty-five (25) miles between the place of service of notice and the hearing, and such hearing must be had and the testimony must be produced in the same manner as provided by section 8-411, Idaho Code, for hearings on injunctions.

(4) If upon such hearing the court or judge is satisfied that either party is entitled to any relief or order for examination or survey of any property in the possession of the other, which has, by the papers in the proceedings been put in controversy, an order must be granted for such examination, survey and other privileges as the court or judge may deem just, and the order must specify as nearly as possible what the person in whose favor such order is granted may do.

(5) Thereupon, such person may have free access, with such agents and assistants as may be allowed, to all parts of such property, with right to remove any loose rock, debris or other obstacle, when the same is necessary to the making of a full inspection or survey of such property, but no such removal must be made without the consent of the adverse party or the order of the court or judge permitting the same.

(6) The court or judge may also, upon proper showing with a view of producing such evidence as may be needed to determine the rights of the parties, allow work to be done on such property, but any work so permitted must be allowed only after the same is particularly defined and must not be allowed in such manner as to interfere with the workings of the adverse party, and then only when the court is satisfied the adverse party is acting in bad faith and is infringing, or attempting so to do, upon the rights of the party asking to do such work and when there is no other reasonable or convenient mode for the production of the evidence necessary to settle the rights of the parties.

(7) The party so asking to do work upon the premises of, or in the possession of another, must give good and sufficient security for the payment of all damages he may do the adverse party by reason of such work, and the court or judge must at every stage of the proceedings have due regard for the rights of all parties in interest.

History:

[(6-405) Act Feb. 10, 1887; R.S., R.C., & C.L., sec. 4542; C.S., sec. 6965; I.C.A., sec. 9-405; am. 2022, ch. 111, sec. 2, p. 369.]
Idaho Code § 6-310 — Idaho Code / Title 6 / Chapter 3 / Section 6-310
6-310 ACTION FOR POSSESSION — COMPLAINT — SUMMONS.
Status: in_force

6-310. Action for possession — Complaint — Summons. (1) In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent, or on the grounds that a landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or in the event the tenant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code, it is sufficient to state in the complaint:

(a) A description of the premises with convenient certainty;

(b) That the defendant is in possession of the premises;

(c) That the defendant entered upon the premises, holds the premises, and is in default of the payment of rent or that the landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant;

(d) That all notices required by law have been served upon the defendant in the required manner or no notice is required because the defendant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code; and

(e) That the plaintiff is entitled to the possession of the premises.

(2) Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and notice of trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court.

(3) In an action for possession against a defendant alleged to be occupying property as a result of forcible detainer, a property owner shall state in a verified complaint:

(a) A description of the premises with convenient certainty;

(b) That the defendant is in possession of the premises;

(c) That the defendant entered upon the premises and holds the premises by means of forcible detainer;

(d) That neither the property owner nor any agent thereof has ever entered into a lease or any other similar agreement with the defendant;

(e) That demand has been made to the defendant for surrender of the property, and the defendant has refused to surrender the property to the former occupant or property owner; and

(f) That the plaintiff is entitled to the possession of the premises.

(4) Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within seventy-two (72) hours from the filing of the complaint, excluding weekends and official holidays. The service of the summons, complaint and notice of trial setting on the defendant shall be not less than twenty-four (24) hours before the time of trial appointed by the court.

(5) If any property owner files an action for possession against a defendant alleged to be occupying the property as a result of forcible detainer when a landlord-tenant relationship existed with the defendant and/or in bad faith, said property owner shall be liable to the defendant for treble damages as enumerated in this chapter.

History:

[6-310, added 1974, ch. 308, sec. 3, p. 1803; am. 1976, ch. 71, sec. 1, p. 239; am. 2001, ch. 203, sec. 2, p. 693; am. 2006, ch. 248, sec. 1, p. 757; am. 2017, ch. 276, sec. 2, p. 724; am. 2018, ch. 124, sec. 1, p. 263.]
Idaho Code § 6-319 — Idaho Code / Title 6 / Chapter 3 / Section 6-319
6-319 APPEAL AS STAY.
Status: in_force

6-319. Appeal as stay. An appeal taken by the defendant does not stay proceedings upon the judgment unless the court so directs.

History:

[(6-319) C.C.P. 1881, sec. 813; R.S., R.C., & C.L., sec. 5108; C.S., sec. 7337; I.C.A., sec. 9-319.]
Idaho Code § 6-2303 — Idaho Code / Title 6 / Chapter 23 / Section 6-2303
6-2303 FEES — CONFIDENTIALITY.
Status: in_force

6-2303. Fees — Confidentiality. The Idaho board of long-term care administrators shall provide, by uniform policy of the board, for the payment of fees and expenses of members of panels, such payment to be made from the occupational licenses fund. Panel members shall serve upon the sworn commitment that all related matters shall be subject to disclosure or privilege according to chapter 1, title 74, Idaho Code.

History:

[6-2303, added 1999, ch. 395, sec. 1, p. 1095; am. 2015, ch. 141, sec. 6, p. 381; am. 2025, ch. 98, sec. 6, p. 538.]
Idaho Code § 6-3903 — Idaho Code / Title 6 / Chapter 39 / Section 6-3903
6-3903 SPECIAL MOTION FOR EXPEDITED RELIEF.
Status: in_force

6-3903. special motion for expedited relief. No later than sixty (60) days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.

History:

[6-3903, added 2025, ch. 17, sec. 1, p. 49.]
Idaho Code § 6-108 — Idaho Code / Title 6 / Chapter 1 / Section 6-108
6-108 DEFICIENCY JUDGMENTS — AMOUNT RESTRICTED.
Status: in_force

6-108. Deficiency judgments — Amount restricted. No court in the state of Idaho shall have jurisdiction to enter a deficiency judgment in any case involving a foreclosure of a mortgage on real property in any amount greater than the difference between the mortgage indebtedness, as determined by the decree, plus costs of foreclosure and sale, and the reasonable value of the mortgaged property, to be determined by the court in the decree upon the taking of evidence of such value.

History:

[6-108, added 1933, ch. 150, sec. 1, p. 229.]
Idaho Code § 6-3503 — Idaho Code / Title 6 / Chapter 35 / Section 6-3503
6-3503 COMPENSATION.
Status: in_force

6-3503. compensation. (1) In an action brought pursuant to section 6-3502, Idaho Code, damages awarded shall be:

(a) (i) Sixty-two thousand dollars ($62,000) for each year of imprisonment actually served, including time spent awaiting trial; or

(ii) If the claimant was imprisoned on death row, seventy-five thousand dollars ($75,000) for each year of imprisonment actually served related to the charge giving rise to death row imprisonment, including time spent awaiting trial; and

(b) No less than twenty-five thousand dollars ($25,000) for each year the person was on parole or no less than twenty-five thousand dollars ($25,000) for each year the person was required to register as a sex offender, whichever period of time was greater.

(2) Compensation awarded under subsection (1) of this section shall be computed on a pro rata basis, with damages computed according to the number of days the claimant spent awaiting trial and was imprisoned, on parole, or required to register as a sex offender due to the conviction that is the subject of the action. For purposes of the pro rata calculation, three hundred sixty-five (365) days equals one (1) year. The burden is on the claimant to establish the number of days he was imprisoned, on parole, or required to register as a sex offender.

(3) The claimant must establish the damages he is seeking under subsections (1), (2), and (4) of this section and the basis for those damages. Awards shall be paid from the innocence fund created pursuant to section 6-3505, Idaho Code. Any award of damages shall not accrue post-judgment interest, and the provisions of section 28-22-104, Idaho Code, shall not apply to such damages. A court shall not award, and a claimant shall not receive, compensation for any period of imprisonment during which the claimant was serving a sentence for a conviction of another offense for which the claimant was lawfully convicted and imprisoned. The claimant shall not receive compensation for any period of time that he was on parole or required to register as a sex offender during which the claimant was paroled or required to register as a sex offender for another offense for which the claimant was lawfully convicted.

(4) In addition to the damages awarded pursuant to subsection (1) of this section, the claimant may be entitled to the following:

(a) Reasonable attorney's fees and costs incurred in the action brought pursuant to this chapter not to exceed a total of twenty-five thousand dollars ($25,000), unless a greater reasonable total is authorized by the court upon a finding of good cause shown; and

(b) Reentry services offered through the department of correction, as applicable.

(5) If a claimant in a separate civil action related to the wrongful conviction has won a monetary judgment against, or entered into a settlement agreement with, the state or any political subdivision, the amount of any such award or settlement collected by the claimant, less attorney's fees and litigation costs, shall be deducted from the sum of money to which the claimant is entitled to under this section. If a claimant first receives compensation under this section and then in a separate civil action wins a monetary judgment against, or enters into a settlement agreement with, the state or any political subdivision related to the wrongful conviction, the claimant shall reimburse the state. The reimbursement shall be for the sum of the monetary payment awarded under this section, less attorney's fees and litigation costs, up to the amount of the award or settlement in the civil action. If a claimant first receives compensation under this section and then in a separate civil action related to the wrongful conviction wins a monetary judgment against, or enters into a settlement agreement with, the state or any political subdivision, the claimant shall notify and reimburse the state of such compensation.

(6) Any damages awarded pursuant to subsection (1) of this section shall be tax-exempt in the state of Idaho.

History:

[6-3503, added 2021, ch. 17, sec. 1, p. 39; am. 2021, ch. 304, sec. 1, p. 910.]
Idaho Code § 6-915 — Idaho Code / Title 6 / Chapter 9 / Section 6-915
6-915 VENUE.
Status: in_force

6-915. Venue. Actions against the state or its employee shall be brought in the county in which the cause of action arose or in Ada County. In addition, a resident of the state of Idaho may bring an action in the county of his residence.

Actions against a political subdivision or its employee shall be brought in the county in which the cause of action arose or in any county where the political subdivision is located.

History:

[6-915, added 1971, ch. 150, sec. 15, p. 743; am. 1976, ch. 309, sec. 11, p. 1066.]
Idaho Code § 6-1011 — Idaho Code / Title 6 / Chapter 10 / Section 6-1011
6-1011 LIMIT ON DURATION OF PROCEEDINGS — PANEL'S JURISDICTION.
Status: in_force

6-1011. Limit on duration of proceedings — Panel's jurisdiction. There shall be no repeat or reopening of panel proceedings. In no case shall a panel retain jurisdiction of any such claim in excess of ninety (90) days from date of commencement of proceedings. If at the end of such ninety (90) day period the panel is unable to decide the issues before it, it shall summarily conclude the proceedings and the members may informally, by written communication, express to the parties their joint and several impressions and conclusions, if any, albeit the same may be tentative or based upon admittedly incomplete consideration; provided, by written agreement of all parties the jurisdiction of the panel, if it concurs therein, may be extended and the proceeding carried on for additional periods of thirty (30) days.

History:

[6-1011, added 1976, ch. 278, sec. 12, p. 956]
Idaho Code § 6-530 — Idaho Code / Title 6 / Chapter 5 / Section 6-530
6-530 COMPENSATION FOR CONTINGENT INTEREST.
Status: in_force

6-530. Compensation for contingent interest. In all cases of sales when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportionate value of such contingent or vested right or estate, and must direct such proportion of the proceeds of the sale to be invested, secured, or paid over in such manner as to protect the rights and interests of the parties.

History:

[(6-530) C.C.P. 1881, sec. 516; R.S., R.C., & C.L., sec. 4589; C.S., sec. 7005; I.C.A., sec. 9-530.]
Idaho Code § 6-3908 — Idaho Code / Title 6 / Chapter 39 / Section 6-3908
6-3908 RULING.
Status: in_force

6-3908. ruling. The court shall rule on a motion pursuant to section 6-3903, Idaho Code, no later than sixty (60) days after a hearing pursuant to section 6-3905, Idaho Code.

History:

[6-3908, added 2025, ch. 17, sec. 1, p. 50.]
Idaho Code § 6-506 — Idaho Code / Title 6 / Chapter 5 / Section 6-506
6-506 SERVICE BY PUBLICATION.
Status: in_force

6-506. Service by publication. If a party having a share or interest is unknown, or any one of the known parties reside out of the state, or cannot be found therein, and such fact is made to appear by affidavit, the summons may be served on such absent or unknown party by publication, as in other cases. When publication is made, the summons, as published, must be accompanied by a brief description of the property which is the subject of the action.

History:

[(6-506) C.C.P. 1881, sec. 492; R.S., R.C., & C.L., sec. 4565; C.S., sec. 6981; I.C.A., sec. 9-506.]
Idaho Code § 6-1006 — Idaho Code / Title 6 / Chapter 10 / Section 6-1006
6-1006 STAY OF OTHER COURT PROCEEDINGS IN INTEREST OF HEARING BEFORE PANEL.
Status: in_force

6-1006. Stay of other court proceedings in interest of hearing before panel. During said thirty (30) day period neither party shall commence or prosecute litigation involving the issues submitted to the panel and the district or other courts having jurisdiction of any pending such claims shall stay proceedings in the interest of the conduct of such proceedings before the panel.

History:

[6-1006, added 1976, ch. 278, sec. 7, p. 955.]
Idaho Code § 6-1105 — Idaho Code / Title 6 / Chapter 11 / Section 6-1105
6-1105 DUTIES OF PASSENGERS.
Status: in_force

6-1105. Duties of passengers. Every passenger shall have the duty not to:

(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;

(2) Drop, throw or expel any object from an aerial passenger tramway;

(3) Do any act which shall interfere with the running or operation of an aerial passenger tramway;

(4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction until the passenger has requested and received sufficient instruction to permit safe usage;

(5) Embark on an aerial passenger tramway without the authority of the ski area operator;

(6) Use any aerial passenger tramway without engaging such safety or restraining devices as may be provided.

History:

[6-1105, added 1979, ch. 270, sec. 1, p. 703.]
Idaho Code § 6-713 — Idaho Code / Title 6 / Chapter 7 / Section 6-713
6-713 PRIVILEGED PUBLICATION IN NEWSPAPER DEFINED.
Status: in_force

6-713. Privileged publication in newspaper defined. A privileged publication in a newspaper which shall not be considered as libelous is one made:

(1) In the proper discharge of an official duty.

(2) In any publication of or any statement made in any legislative or judicial proceeding.

(3) In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information.

(4) By a fair and true report, without malice, of a judicial, legislative or other public official proceeding, or of anything said in the course thereof, or of a charge or complaint made by any person to a public official, upon which a warrant shall have been issued or an arrest made.

History:

[6-713, added 1963, ch. 158, sec. 8, p. 459.]
Idaho Code § 6-513 — Idaho Code / Title 6 / Chapter 5 / Section 6-513
6-513 DUTIES OF REFEREES.
Status: in_force

6-513. Duties of referees. In making the partition the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them.

History:

[(6-513) C.C.P. 1881, sec. 499; R.S., R.C., & C.L., sec. 4572; C.S., sec. 6988; I.C.A., sec. 9-513.]
Idaho Code § 6-521 — Idaho Code / Title 6 / Chapter 5 / Section 6-521
6-521 RESORT TO OTHER SECURITIES COMPELLED.
Status: in_force

6-521. Resort to other securities compelled. Whenever any party to an action who holds a lien upon the property, or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale, or may order a just reduction to be made from the amount of the lien on the property on account thereof.

History:

[(6-521) C.C.P. 1881, sec. 507; R.S., R.C., & C.L., sec. 4580; C.S., sec. 6996; I.C.A., sec. 9-521.]
Idaho Code § 6-705 — Idaho Code / Title 6 / Chapter 7 / Section 6-705
6-705 TITLE OF ACT.
Status: in_force

6-705. Title of act. This act may be cited as the Uniform Single Publication Act.

History:

[6-705, added 1953, ch. 109, sec. 4, p. 143.]
Idaho Code § 6-3906 — Idaho Code / Title 6 / Chapter 39 / Section 6-3906
6-3906 PROOF.
Status: in_force

6-3906. Proof. In ruling on a motion pursuant to section 6-3903, Idaho Code, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment pursuant to applicable court rule.

History:

[6-3906, added 2025, ch. 17, sec. 1, p. 50.]
Idaho Code § 6-711 — Idaho Code / Title 6 / Chapter 7 / Section 6-711
6-711 MALICE NOT INFERRED FROM BROADCAST.
Status: in_force

6-711. Malice not inferred from broadcast. In the cases provided for in subdivision (3) of the preceding section, malice is not to be inferred from the mere fact of communication or broadcast.

History:

[6-711, added 1963, ch. 158, sec. 6, p. 459.]
Idaho Code § 6-418 — Idaho Code / Title 6 / Chapter 4 / Section 6-418
6-418 OCCUPANT OF REAL ESTATE — OWNER'S RIGHT TO POSSESSION — LIMITATIONS.
Status: in_force

6-418. Occupant of real estate — Owner's right to possession — Limitations. The owner in the main action is entitled to an execution to put him in possession of his property in accordance with the provisions of this act, but not otherwise.

History:

[6-418, added 1972, ch. 118, sec. 5, p. 234.]
Idaho Code § 6-2106 — Idaho Code / Title 6 / Chapter 21 / Section 6-2106
6-2106 COURT ORDERS FOR VIOLATION OF CHAPTER.
Status: in_force

6-2106. Court orders for violation of chapter. A court, in rendering a judgment brought under this chapter, may order any or all of the following:

(1) An injunction to restrain continued violation of the provisions of this act;

(2) The reinstatement of the employee to the same position held before the adverse action, or to an equivalent position;

(3) The reinstatement of full fringe benefits and seniority rights;

(4) The compensation for lost wages, benefits and other remuneration;

(5) The payment by the employer of reasonable costs and attorneys' fees;

(6) An assessment of a civil fine of not more than five hundred dollars ($500), which shall be submitted to the state treasurer for deposit in the general fund.

History:

[6-2106, added 1994, ch. 100, sec. 1, p. 228.]
Idaho Code § 6-1904 — Idaho Code / Title 6 / Chapter 19 / Section 6-1904
6-1904 IMMUNITY FROM LIABILITY.
Status: in_force

6-1904. Immunity from liability. (1) No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health care professional for failure to predict or take precautions to provide protection from a patient's violent behavior, other than the duty to warn provided in section 6-1902, Idaho Code, unless the mental health care professional failed to exercise that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of his professional specialty under similar circumstances.

(2) No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health professional, who has a reasonable basis for believing that he has a duty to warn pursuant to section 6-1902, Idaho Code, for disclosing confidential or privileged information in an effort to discharge such duty.

(3) The provisions of this section do not modify any duty to take precautions to prevent harm by a patient that may arise if the patient is within the custodial responsibility of a hospital or other facility or is being discharged therefrom.

(4) Except as provided in section 6-1902, Idaho Code, the provisions of this section do not modify the provisions of sections 6-1001 through 6-1013, Idaho Code.

History:

[6-1904, added 1991, ch. 235, sec. 1, p. 566; am. 2010, ch. 79, sec. 1, p. 133.]
Idaho Code § 6-3909 — Idaho Code / Title 6 / Chapter 39 / Section 6-3909
6-3909 APPEAL.
Status: in_force

6-3909. appeal. A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion pursuant to section 6-3903, Idaho Code. The appeal shall be filed within forty-two (42) days after entry of the order pursuant to applicable court rule.

History:

[6-3909, added 2025, ch. 17, sec. 1, p. 50.]
Idaho Code § 6-1402 — Idaho Code / Title 6 / Chapter 14 / Section 6-1402
6-1402 DEFINITIONS.
Status: in_force

6-1402. Definitions. (1) "Product seller" means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor, or retailer of the relevant product. The term also includes a party who is in the business of leasing or bailing such products. The term "product seller" does not include:

(a) A provider of professional services who utilizes or sells products within the legally authorized scope of its professional practice. A nonprofessional provider of services is not included unless the sale or use of a product is the principal part of the transaction, and the essence of the relationship between the seller and purchaser is not the furnishing of judgment, skill, or services;

(b) A commercial seller of used products who resells a product after use by a consumer or other product user, provided the used product is in essentially the same condition as when it was acquired for resale; and

(c) A finance lessor who is not otherwise a product seller. A "finance lessor" is one who acts in a financial capacity, who is not a manufacturer, wholesaler, distributor, or retailer, and who leases a product without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor.

(2) "Manufacturer" includes a product seller who designs, produces, makes, fabricates, constructs, or remanufactures the relevant product or component part of a product before its sale to a user or consumer. It includes a product seller or entity not otherwise a manufacturer that holds itself out as a manufacturer. A product seller acting primarily as a wholesaler, distributor, or retailer of a product may be a "manufacturer" but only to the extent that it designs, produces, makes, fabricates, constructs, or remanufactures the product before its sale.

(3) "Product" means any object possessing intrinsic value, capable of delivery either as an assembled whole or as a component part or parts, and produced for introduction into trade or commerce. Human tissue and organs, including human blood and its components, are excluded from this term. The "relevant product" under this chapter is that product, or its component part or parts, which gave rise to the product liability claim.

(4) "Claimant" means a person or entity asserting a product liability claim, including a wrongful death action, and, if the claim is asserted through or on behalf of an estate, the term includes claimant's decedent. "Claimant" includes any person or entity that suffers harm.

(5) "Reasonably anticipated conduct" means the conduct which would be expected of an ordinary reasonably prudent person who is likely to use the product in the same or similar circumstances.

History:

[(6-1402) 6-1302, added 1980, ch. 225, sec. 1, p. 499; am. and redesig. 2005, ch. 25, sec. 4, p. 83.]
Idaho Code § 6-2902 — Idaho Code / Title 6 / Chapter 29 / Section 6-2902
6-2902 LIMITATION OF LIABILITY ON LIVESTOCK ACTIVITIES.
Status: in_force

6-2902. limitation of liability on livestock activities. (1) Except as provided in subsections (2) and (3) of this section, a livestock activity sponsor or a livestock professional shall not be liable for any injury to or the death of a participant or livestock engaged in a livestock activity and, except as provided in subsections (2) and (3) of this section, no participant nor participant's representative may maintain an action against or recover from a livestock activity sponsor or a livestock professional for an injury to or the death of a participant or livestock engaged in a livestock activity.

(2) The provisions of this chapter do not apply to the horse or mule racing industry as regulated in chapter 25, title 54, Idaho Code, or to equines regulated in chapter 18, title 6, Idaho Code.

(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a livestock activity sponsor or a livestock professional:

(a) If the livestock activity sponsor or the livestock professional:

(i) Provided equipment and the equipment caused the injury;

(ii) Provided the livestock and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the livestock activity, determine the ability of the livestock to behave safely with the participant, and to determine the ability of the participant to safely manage the particular livestock;

(iii) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant or livestock sustained injuries because of a dangerous latent condition which was known to or should have been known to the livestock activity sponsor or the livestock professional and for which warning signs have not been conspicuously posted;

(iv) Commits an act or omission that is unreasonable or willfully disregards the safety of the participant or livestock and that act or omission caused the injury; or

(v) Intentionally injures the participant or livestock;

(b) Under liability provisions as set forth in the products liability laws; or

(c) Under the liability provisions set forth in chapter 9, title 6, Idaho Code.

History:

[(6-2902) 6-2802, added 2010, ch. 138, sec. 1, p. 292; am. and redesig. 2011, ch. 151, sec. 6, p. 416.]
Idaho Code § 6-2301 — Idaho Code / Title 6 / Chapter 23 / Section 6-2301
6-2301 PRELITIGATION HEARING PANEL — LICENSED NURSING FACILITIES.
Status: in_force

6-2301. Prelitigation hearing panel — Licensed nursing facilities. In the event of an alleged negligence or wrongful death case involving a claim for damages against a licensed nursing facility operating in the state of Idaho, the Idaho board of long-term care administrators is directed to cooperate in providing a prelitigation hearing panel. The panel shall operate in the nature of a special civil grand jury and procedure for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide medical, nursing, or health care services in the state of Idaho. The proceedings shall be informal and nonbinding, but shall be compulsory as a condition precedent to litigation. Proceedings conducted or maintained under the authority of this chapter shall at all times be subject to disclosure according to chapter 1, title 74, Idaho Code. Formal rules of evidence shall not apply and all proceedings shall be expeditious and informal.

History:

[6-2301, added 1999, ch. 395, sec. 1, p. 1094; am. 2015, ch. 141, sec. 5, p. 381; am. 2025, ch. 98, sec. 4, p. 538.]
Idaho Code § 6-929 — Idaho Code / Title 6 / Chapter 9 / Section 6-929
6-929 LIMITATION OF LIABILITY OF VOLUNTEER FIREMEN.
Status: in_force

6-929. Limitation of liability of volunteer firemen. For the purposes of chapter 9, title 6, Idaho Code, a volunteer fireman is an employee of a governmental entity. A "volunteer fireman" means any person who contributes his services to a volunteer fire department organized pursuant to chapter 14, title 31, Idaho Code, or a county mutual fire insurance company organized pursuant to chapter 31, title 41, Idaho Code, or a volunteer fire association.

History:

[6-929, added 1989, ch. 254, sec. 1, p. 629.]
Idaho Code § 6-1410 — Idaho Code / Title 6 / Chapter 14 / Section 6-1410
6-1410 PRODUCTS LIABILITY — DEFECTIVENESS OF FIREARMS OR AMMUNITION.
Status: in_force

6-1410. Products liability — Defectiveness of firearms or ammunition. (1) In a products liability action, no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.

(2) For purposes of this section:

(a) The potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design.

(b) Injuries or damages resulting from the discharge of a firearm or ammunition are not proximately caused by its potential to cause serious injury, damage, or death, but are proximately caused by the actual discharge of the product.

(3) The provisions of this section shall not affect a products liability cause of action based upon the improper selection of design alternatives.

History:

[6-1410, added 1986, ch. 216, sec. 1, p. 553.]
Idaho Code § 6-712 — Idaho Code / Title 6 / Chapter 7 / Section 6-712
6-712 RETRACTION BY NEWSPAPER, RADIO OR TELEVISION BROADCASTING STATION OR NETWORK OF STATIONS — LIMIT OF RECOVERY.
Status: in_force

6-712. Retraction by newspaper, radio or television broadcasting station or network of stations — Limit of recovery. In any action for damages for the publication of a libel, in a newspaper, or of a slander or libel by radio or television broadcast, plaintiff shall recover no more than actual damages unless a correction be demanded and be not published or broadcast, as hereinafter provided. Plaintiff shall serve upon the publisher, at the place of publication or broadcaster at the place of broadcast, a written notice specifying the statements and the manner in which said statements are claimed to be slanderous or libelous and demanding that the same be corrected. Said notice and demand must be served within 20 days after knowledge of the publication or broadcast of the statement claimed to be slanderous or libelous. If a correction be demanded within said period and be not published or broadcast in substantially as conspicuous a manner in said newspaper or on said radio or television broadcasting station as were the statements claimed to be slanderous or libelous, in a regular issue thereof published or broadcast within three (3) weeks after such service, plaintiff, if he proves such notice, demand and failure to correct, and if his cause of action be maintained, may recover general, actual and exemplary damages; provided that no exemplary damages may be recovered unless the plaintiff shall prove that defendant made the publication or broadcast with actual malice, and actual malice shall not be inferred or presumed from the publication or broadcast. A correction published or broadcast in substantially as conspicuous a manner in said newspaper or on said broadcasting station as the statements claimed in the complaint to be defamatory, prior to receipt of a demand therefor, shall be of the same force and effect as though such correction has been published or broadcast within three (3) weeks after a demand therefor.

History:

[6-712, added 1963, ch. 158, sec. 7, p. 459.]
Idaho Code § 6-3003 — Idaho Code / Title 6 / Chapter 30 / Section 6-3003
6-3003 DEFINITIONS.
Status: in_force

6-3003. definitions. As used in this chapter, the term:

(1) "Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities including, but not limited to, farming, ranching, historic, cultural, on-site educational programs, recreational farming programs that may include on-site hospitality services, guided and self-guided tours, bed and breakfast accommodations, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, barn parties, horseback riding, fee fishing and camping. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

(2) "Agritourism professional" means any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation.

(3) "Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an agritourism activity including certain hazards, including surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.

(4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.

(5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government or any other group acting as a unit.

History:

[6-3003, added 2013, ch. 177, sec. 1, p. 412.]
Idaho Code § 6-512 — Idaho Code / Title 6 / Chapter 5 / Section 6-512
6-512 PARTITION — SALE — REFEREES.
Status: in_force

6-512. Partition — Sale — Referees. If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof. Otherwise, upon the requisite proofs being made, it must order a partition according to the respective rights of the parties as ascertained by the court, and appoint three (3) referees therefor; and must designate the portion to remain undivided for the owners whose interests remain unknown, or are not ascertained.

History:

[(6-512) C.C.P. 1881, sec. 498; R.S., R.C., & C.L., sec. 4571; C.S., sec. 6987; I.C.A., sec. 9-512.]
Idaho Code § 6-927 — Idaho Code / Title 6 / Chapter 9 / Section 6-927
6-927 TAX LEVY TO PAY COMPREHENSIVE LIABILITY PLAN.
Status: in_force

6-927. Tax levy to pay comprehensive liability plan. Notwithstanding any provisions of law to the contrary, all political subdivisions shall have authority to levy an annual property tax in the amount necessary to provide for a comprehensive liability plan whether by the purchase of insurance or otherwise as herein authorized; provided, that the revenues derived therefrom may not be used for any other purpose.

History:

[6-927, added 1971, ch. 150, sec. 27, p. 743; am. 1976, ch. 310, sec. 7, p. 1071; am. 1980, ch. 136, sec. 1, p. 297; am. 1996, ch. 322, sec. 1, p. 1031.]
Idaho Code § 6-503 — Idaho Code / Title 6 / Chapter 5 / Section 6-503
6-503 PARTIES — LIENHOLDERS AND PURCHASERS OF RECORD.
Status: in_force

6-503. Parties — Lienholders and purchasers of record. No person having a conveyance of, or claiming a lien on, the property, or of some part of it, need be made a party to the action, unless such conveyance or lien appear of record.

History:

[(6-503) C.C.P. 1881, sec. 489; R.S., R.C., & C.L., sec. 4562; C.S., sec. 6978; I.C.A., sec. 9-503.]
Idaho Code § 6-1203 — Idaho Code / Title 6 / Chapter 12 / Section 6-1203
6-1203 DUTIES OF AN OUTFITTER.
Status: in_force

6-1203. Duties of an outfitter. All outfitters offering professional services in this state shall provide facilities, equipment, and services as advertised or as agreed upon between the outfitter and the participant. All services, facilities, and equipment provided by outfitters in this state shall conform to safety and other requirements set forth in chapter 21, title 36, Idaho Code, and by the rules promulgated by the Idaho outfitters and guides board created by chapter 21, title 36, Idaho Code.

History:

[6-1203, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 1, p. 1029.]
Idaho Code § 6-2204 — Idaho Code / Title 6 / Chapter 22 / Section 6-2204
6-2204 RESPONSIBILITY FOR PROVIDING EDUCATIONAL SERVICES REQUIRED BY THE CONSTITUTION.
Status: in_force

6-2204. Responsibility for providing educational services required by the constitution. The legislature has established a system of public, free common schools by its authorization of the creation of or chartering of local school districts. Local school districts are hereby declared to have the primary responsibility for provision of constitutionally required educational services and for assuring themselves and the public that the local school districts are operating their schools as part of a general, uniform and thorough system of public, free common schools. When a local school district is unable to meet its responsibilities under this chapter because it does not provide constitutionally required educational services, this chapter provides judicial and administrative remedies to bring schools operated by the local school district into compliance with section 1, article IX, of the constitution of the state of Idaho and first prescribes local solutions where possible.

History:

[6-2204, added 1996, ch. 258, sec. 1, p. 846.]
Idaho Code § 6-605 — Idaho Code / Title 6 / Chapter 6 / Section 6-605
6-605 JUDGMENT FOR PERSON ENTITLED TO OFFICE.
Status: in_force

6-605. Judgment for person entitled to office. If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office.

History:

[(6-605) C.C.P. 1881, sec. 538; R.S., R.C., & C.L., sec. 4615; C.S., sec. 7027; I.C.A., sec. 9-605.]
Idaho Code § 6-314 — Idaho Code / Title 6 / Chapter 3 / Section 6-314
6-314 SUFFICIENCY OF EVIDENCE — DEFENSES.
Status: in_force

6-314. Sufficiency of evidence — Defenses. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings.

History:

[(6-314) C.C.P. 1881, sec. 809; R.S., R.C., & C.L., sec. 5104; C.S., sec. 7333; I.C.A., sec. 9-314.]
Idaho Code § 6-3913 — Idaho Code / Title 6 / Chapter 39 / Section 6-3913
6-3913 TRANSITIONAL PROVISION.
Status: in_force

6-3913. transitional provision. The provisions of this chapter shall apply to a civil action filed or cause of action asserted in a civil action on or after January 1, 2026.

History:

[6-3913, added 2025, ch. 17, sec. 1, p. 51.]
Idaho Code § 6-2302 — Idaho Code / Title 6 / Chapter 23 / Section 6-2302
6-2302 APPOINTMENT OF HEARING PANEL.
Status: in_force

6-2302. Appointment of hearing panel. The board of long-term care administrators shall provide for and appoint an appropriate panel or panels to accept and hear complaints of negligence and damages, made by or on behalf of any patient who is an alleged victim of negligence. The panels shall include one (1) person who is a then serving licensed administrator of a licensed nursing facility in the state of Idaho. One (1) additional member of each such panel shall be appointed by the commissioners of the Idaho state bar, which person shall be a resident lawyer licensed to practice law in the state of Idaho, and shall serve as chairman of the panel. The panelists so appointed shall select by unanimous decision a layman panelist who shall not be a lawyer, doctor or nursing facility employee but who shall be a responsible adult citizen of Idaho. All panelists shall swear under oath that they are without bias or conflict of interest as respects any matter under consideration.

History:

[6-2302, added 1999, ch. 395, sec. 1, p. 1094; am. 2025, ch. 98, sec. 5, p. 538.]
Idaho Code § 6-415 — Idaho Code / Title 6 / Chapter 4 / Section 6-415
6-415 OCCUPANT OF REAL ESTATE — OWNER'S COMPLAINT FOR POSSESSION — CONTENTS — TRIAL.
Status: in_force

6-415. Occupant of real estate — Owner's complaint for possession — Contents — Trial. Such complaint must set forth the grounds on which the owner seeks relief, stating as accurately as practicable the value of the real estate, exclusive of the improvements thereon made by the claimant or his grantors, and the value of such improvements. The issues joined thereon must be tried by the court, and the value of the real estate and of such improvements must be separately ascertained on the trial.

History:

[6-415, added 1972, ch. 118, sec. 2, p. 234.]
Idaho Code § 6-2208 — Idaho Code / Title 6 / Chapter 22 / Section 6-2208
6-2208 DISTRICT COURT FINDINGS.
Status: in_force

6-2208. District court findings. Upon reaching the merits of the constitutionally based educational claim, the district court shall find whether the defendant local school district is providing all constitutionally required educational services. If the district court shall find that the defendant local school district is providing all constitutionally required educational services, it shall issue a declaratory judgment to that effect. If the district court shall find that the defendant local school district is not providing all constitutionally required educational services, the district court shall then conduct further proceedings as necessary to allow it to make the following findings:

(1) The local school district (a) does or does not offer educational or other services that are not constitutionally required, and (b) does or does not offer the constitutionally required educational services that it does offer in a manner that consumes more of the local school district's resources than necessary to offer the constitutionally required educational services that it does offer.

(2) If the local school district (a) offers educational or other services that are not constitutionally required, or (b) offers some of the services that are constitutionally required in a manner that consumes more of the local school district's resources than necessary to provide the constitutionally required educational services that it does offer, there is or is not a manner that resources devoted to offering services not constitutionally required or that consume more resources than necessary may be redirected to offer services that are constitutionally required but are not being offered. In making this finding, the district court shall take into account any federal mandates with which the local school district must comply, and the local school district shall not be obligated to redirect its resources from complying with federal mandates.

(3) The local school district (a) does or does not impose maintenance and operations tax levies, supplemental maintenance and operations tax levies, and school emergency fund levies up to the statutory maximum allowed by law without holding further elections, and (b) does or does not impose maintenance and operations tax levies, supplemental maintenance and operations tax levies, and school emergency fund levies in a total amount that equals or exceeds the sum of the maximum statutory maintenance and operations levy and maximum statutory emergency fund levy plus the simple average of all supplemental maintenance and operations levies of all the local school districts in the state. In making this calculation, the district court may take official notice of publications of the superintendent of public instruction or may by order direct the superintendent of public instruction to supply calculations for the district court's use.

History:

[6-2208, added 1996, ch. 258, sec. 1, p. 848.]
Idaho Code § 6-913 — Idaho Code / Title 6 / Chapter 9 / Section 6-913
6-913 COMPROMISE AND SETTLEMENT BY BOARD OF EXAMINERS.
Status: in_force

6-913. Compromise and settlement by board of examiners. The board of examiners may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.

History:

[6-913, added 1971, ch. 150, sec. 13, p. 743.]
Idaho Code § 6-321 — Idaho Code / Title 6 / Chapter 3 / Section 6-321
6-321 SECURITY DEPOSITS.
Status: in_force

6-321. Security deposits. (1) Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlord as a security deposit shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to cover normal wear and tear. "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests.

(2) Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant. Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit.

(3) If security deposits have been made as to a particular rental or lease property, and the property changes ownership during a tenancy, the new owner shall be liable for refund of the deposits.

(4) A security deposit for a residential rental premises that is managed by a third-party manager of a landlord shall be maintained in a separate account at a federally insured financial institution. Such account shall be maintained separate from the third-party agent's operating account. The requirements of this subsection shall not apply to a property owner, managers who have common members or principals of the property owner entity, a real estate licensee, or a nonprofit business organization as established under chapter 30, title 30, Idaho Code.

History:

[6-321, added 1977, ch. 45, sec. 5, p. 83; am. 2021, ch. 197, sec. 1, p. 545.]
Idaho Code § 6-919 — Idaho Code / Title 6 / Chapter 9 / Section 6-919
6-919 LIABILITY INSURANCE FOR STATE — COMPREHENSIVE PLAN BY DIVISION OF INSURANCE MANAGEMENT.
Status: in_force

6-919. Liability insurance for state — Comprehensive plan by division of insurance management. The administrator of the division of insurance management in the department of administration shall provide a comprehensive liability plan which will cover and protect the state and its employees from claims and civil lawsuits. He shall be responsible for the acquisition and administration of all liability insurance of the state or for the use of the retained risk account provided in section 67-5776, Idaho Code, to meet the obligations of the comprehensive liability plan.

The administrator shall, after consultation with the departments, agencies, commissions, and other instrumentalities of the state, provide a comprehensive liability plan for the state providing liability coverage to the state and its employees in amounts not less than the minimum specified in section 6-924, Idaho Code. He shall have the authority to use the retained risk account provided in section 67-5776, Idaho Code, or to purchase, renew, cancel and modify all policies according to the comprehensive liability plan.

History:

[6-919, added 1971, ch. 150, sec. 19, p. 743; am. 1974, ch. 34, sec. 9, p. 988; am. 1974, ch. 252, sec. 7, p. 1674; am. 1976, ch. 310, sec. 1, p. 1069; am. 1980, ch. 106, sec. 1, p. 231.]
Idaho Code § 6-2001 — Idaho Code / Title 6 / Chapter 20 / Section 6-2001
6-2001 LEGISLATIVE INTENT.
Status: in_force

6-2001. Legislative intent. The legislature hereby finds, determines and declares that the production of agricultural food products constitutes a large proportion of the Idaho economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultural economy by providing a legal cause of action for producers of perishable agricultural food products to recover damages for the disparagement of any perishable agricultural food product.

History:

[6-2001, added 1992, ch. 252, sec. 1, p. 736.]
Idaho Code § 6-1605 — Idaho Code / Title 6 / Chapter 16 / Section 6-1605
6-1605 LIMITATION ON LIABILITY OF VOLUNTEERS, OFFICERS AND DIRECTORS OF NONPROFIT CORPORATIONS AND ORGANIZATIONS AND TRUSTEES OF CHARITABLE TRUSTS.
Status: in_force

6-1605. Limitation on liability of volunteers, officers and directors of nonprofit corporations and organizations and trustees of charitable trusts. (1) In any nonprofit corporation or organization or charitable trust as defined in section 6-1601(6), Idaho Code, officers, directors, and volunteers who serve the nonprofit corporation or organization without compensation and trustees of the charitable trust who serve without compensation shall be personally immune from civil liability arising out of their conduct as an officer, director, trustee or volunteer, if such conduct is within the course and scope of the duties and functions of the individual officer, director, trustee or volunteer and at the direction of the corporation or organization or charitable trust. The provisions of this section shall not eliminate or limit, and no immunity is hereby granted for the liability of an officer, director, trustee or volunteer:

(a) For conduct which is willful, wanton, or which involves fraud or knowing violation of the law;

(b) To the extent of coverage for such conduct under a policy of liability insurance, whether the policy is purchased by the corporation or organization or charitable trust, the individual officer, director, trustee, volunteer or some third party;

(c) For any intentional breach of a fiduciary duty or duty of loyalty owed by the officer, director or volunteer to the corporation, organization or the members thereof, or owed by the trustee to the charitable trust or the members thereof;

(d) For acts or omissions not in good faith or which involve intentional misconduct, fraud or a knowing violation of law;

(e) For any transaction from which the officer, director, trustee or volunteer derived an improper personal benefit;

(f) For any violation of the provisions of section 30-3-82, Idaho Code; or

(g) For damages which result from the operation of a motor vehicle.

(2) Reimbursement of an officer, director or volunteer of a nonprofit corporation or organization or of a trustee of a charitable trust for costs and expenses actually incurred shall not be considered compensation.

(3) Nothing in this section shall be construed to supersede, abrogate, or limit any immunities or limitation of liability otherwise provided by law.

History:

[6-1605, added 1987, ch. 278, sec. 1, p. 576; am. 1990, ch. 105, sec. 2, p. 212; am. 2003, ch. 59, sec. 1, p. 205; am. 2008, ch. 83, sec. 2, p. 214.]
Idaho Code § 6-505 — Idaho Code / Title 6 / Chapter 5 / Section 6-505
6-505 SUMMONS — HOW DIRECTED.
Status: in_force

6-505. Summons — How directed. The summons must be directed to all the joint tenants and tenants in common, and all persons having any interest in, or any liens of record by mortgage, judgment, or otherwise upon the property, or upon any particular portion thereof; and generally, to all persons unknown, who have or claim any interest in the property.

History:

[(6-505) C.C.P. 1881, sec. 491; R.S., R.C., & C.L., sec. 4564; C.S., sec. 6980; I.C.A., sec. 9-505.]
Idaho Code § 6-906 — Idaho Code / Title 6 / Chapter 9 / Section 6-906
6-906 FILING CLAIMS AGAINST POLITICAL SUBDIVISION OR EMPLOYEE — TIME.
Status: in_force

6-906. Filing claims against political subdivision or employee — Time. All claims against a political subdivison arising under the provisions of this act and all claims against an employee of a political subdivision for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the clerk or secretary of the political subdivision within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.

History:

[6-906, added 1971, ch. 150, sec. 6, p. 743; am. 1976, ch. 309, sec. 6, p. 1065; am. 1985, ch. 136, sec. 2, p. 373.]
Idaho Code § 6-1407 — Idaho Code / Title 6 / Chapter 14 / Section 6-1407
6-1407 INDIVIDUAL RIGHTS AND RESPONSIBILITIES OF PRODUCT SELLERS OTHER THAN MANUFACTURERS.
Status: in_force

6-1407. Individual rights and responsibilities of product sellers other than manufacturers. (1) In the absence of express warranties to the contrary, product sellers other than manufacturers shall not be subject to liability in circumstances where they do not have a reasonable opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, reveal the existence of the defective condition which is in issue; or where the product seller acquires the product in a sealed package or container and sells the product in the same sealed package or container. The liability limitation of this subsection shall not apply if:

(a) The product seller had knowledge or reason to know of the defect in the product;

(b) The product seller altered, modified, or installed the product, and such alteration, modification or installation was a substantial proximate cause of the incident giving rise to the action, was not authorized or requested by the manufacturer and was not performed in compliance with the directions or specifications of the manufacturer;

(c) The product seller provided the plans or specifications for the manufacture or preparation of the product and such plans or specifications were a substantial cause of the product's alleged defect.

(d) The product seller is a wholly-owned subsidiary of the manufacturer, or the manufacturer is a wholly-owned subsidiary of the product seller.

(e) The product seller sold the product after the expiration date placed on the product or its package by the manufacturer.

(2) In an action where the liability limitation of subsection (1) applies, any manufacturer who refuses to accept a tender of defense from the product seller, shall indemnify the product seller for reasonable attorney's fees and costs incurred by the product seller in defending such action.

(3) In any product liability action, the manufacturer of the product shall be indemnified by the product seller of the product for any judgment rendered against the manufacturer and shall also be reimbursed for reasonable attorney's fees and costs incurred in defending such action:

(a) If the product seller provided the plans or specifications for the manufacture or preparation of the product;

(b) If such plans or specifications were a substantial cause of the product's alleged defect; and

(c) If the product was manufactured in compliance with and according to the plans or specifications of the seller.

The provisions of this subsection shall not apply if the manufacturer had knowledge or with the exercise of reasonable and diligent care should have had knowledge of the defect in the product.

(4) A product seller, other than a manufacturer, is also subject to the liability of manufacturer if:

(a) The manufacturer is not subject to service of process under the laws of the claimant's domicile; or

(b) The manufacturer has been judicially declared insolvent in that the manufacturer is unable to pay its debts as they become due in the ordinary course of business; or

(c) The court outside the presence of a jury determines that it is highly probable that the claimant would be unable to enforce a judgment against the product manufacturer.

History:

[(6-1407) 6-1307, added 1980, ch. 225, sec. 1, p. 503; am. and redesig. 2005, ch. 25, sec. 9, p. 87.]
Idaho Code § 6-2602 — Idaho Code / Title 6 / Chapter 26 / Section 6-2602
6-2602 PURPOSE.
Status: in_force

6-2602. Purpose. The legislature finds that some residential properties are being contaminated with hazardous chemical residues created by the manufacture of clandestine drugs. Innocent members of the public may be harmed when they are exposed to chemical residues if the residential properties are not decontaminated prior to any subsequent rental, sale or use of the properties. The purpose of this chapter is to protect the public health, safety and welfare by establishing a program providing a process and standards for the cleanup of clandestine drug laboratories.

History:

[6-2602, added 2005, ch. 215, sec. 1, p. 687; am. 2025, ch. 84, sec. 1, p. 394.]
Idaho Code § 6-1802 — Idaho Code / Title 6 / Chapter 18 / Section 6-1802
6-1802 LIMITATION OF LIABILITY ON EQUINE ACTIVITIES.
Status: in_force

6-1802. Limitation of liability on equine activities. (1) Except as provided in subsections (2) and (3) of this section, an equine activity sponsor or an equine professional shall not be liable for any injury to or the death of a participant or equine engaged in an equine activity and, except as provided in subsections (2) and (3) of this section, no participant nor participant's representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant or equine engaged in an equine activity.

(2) The provisions of this chapter do not apply to the horse or mule racing industry as regulated in chapter 25, title 54, Idaho Code.

(3) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine activity sponsor or an equine professional:

(a) If the equine activity sponsor or the equine professional:

(i) Provided the equipment or tack and the equipment or tack caused the injury; or

(ii) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, determine the ability of the equine to behave safely with the participant, and to determine the ability of the participant to safely manage the particular equine;

(iii) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant or equine sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted;

(iv) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or equine and that act or omission caused the injury;

(v) Intentionally injures the participant or equine;

(b) Under liability provisions as set forth in the products liability laws; or

(c) Under the liability provisions set forth in chapter 9, title 6, Idaho Code.

History:

[6-1802, added 1990, ch. 40, sec. 1, p. 61; am. 1998, ch. 296, sec. 1, p. 979.]
Idaho Code § 6-710 — Idaho Code / Title 6 / Chapter 7 / Section 6-710
6-710 PRIVILEGED BROADCASTS.
Status: in_force

6-710. Privileged broadcasts. A privileged broadcast which shall not be considered as libelous, slanderous, or defamatory is one made:

(1) In the proper discharge of an official duty.

(2) In any broadcast of or any statement made in any legislative or judicial proceeding.

(3) By fair and true report, without malice of a judicial, legislative, or other public official proceedings, or of anything said in the course thereof, or of a charge or complaint made by any person to a public official, upon which a warrant shall have been issued or an arrest made.

History:

[6-710, added 1963, ch. 158, sec. 5, p. 459.]
Idaho Code § 6-210 — Idaho Code / Title 6 / Chapter 2 / Section 6-210
6-210 RECOVERY OF DAMAGES FOR ECONOMIC LOSS WILLFULLY CAUSED BY A MINOR.
Status: in_force

6-210. Recovery of damages for economic loss willfully caused by a minor. (1) Any person shall be entitled to recover damages in an amount not to exceed two thousand five hundred dollars ($2,500) in a court of competent jurisdiction from the parents of any minor, under the age of eighteen (18) years, living with the parents, who shall willfully cause economic loss to such person, except as otherwise provided in section 49-310, Idaho Code. "Person" means any municipal corporation, county, city school district, or any individual, partnership, corporation or association, or any religious organization, whether incorporated or unincorporated.

(2) Economic loss shall include but not be limited to the value of property, as that term is defined in section 18-2402(8), Idaho Code, taken, destroyed, broken or otherwise harmed, lost wages and direct out-of-pocket losses or expenses such as medical expenses resulting from the minor's willful conduct, but shall not include less tangible damage such as pain and suffering, wrongful death or emotional distress.

(3) As used in this section, "parents" shall mean any persons or entities who have legal custody of the minor, or any persons or entities who are licensed to accept children for child care under chapter 12, title 39, Idaho Code. "Legal custody" shall be as that term is defined in section 16-2002, Idaho Code.

(4) In the event the parents are providing foster care for the minor at the time of the minor's willful act, and the parents are licensed pursuant to chapter 12, title 39, Idaho Code, and the minor is in the legal custody of the department of health and welfare, any person is entitled to recover damages in a court of competent jurisdiction within the above stated limits. Such recovery shall be insured by the state of Idaho.

History:

[6-210, added 1957, ch. 32, sec. 1, p. 51; am. 1977, ch. 55, sec. 1, p. 106; am. 1987, ch. 257, sec. 1, p. 522; am. 1990, ch. 81, sec. 1, p. 163; am. 1991, ch. 168, sec. 1, p. 408; am. 2005, ch. 391, sec. 1, p. 1263; am. 2020, ch. 82, sec. 1, p. 175.]
Idaho Code § 6-2206 — Idaho Code / Title 6 / Chapter 22 / Section 6-2206
6-2206 PATRON COMPLAINTS TO BE FORWARDED TO ATTORNEY GENERAL.
Status: in_force

6-2206. Patron complaints to be forwarded to attorney general. When a patron complaint is filed against a school district pursuant to this chapter, a copy of the complaint shall also be served on the attorney general, who shall notify the legislature and the superintendent of public instruction that the complaint has been filed. Either the legislature or the superintendent of public instruction may intervene as plaintiffs in the patron suit as a matter of right. No action shall be taken in the patron suit, except for the school district's filing of an answer to the patron complaint, until a copy of the complaint has been forwarded to the attorney general and the legislature and the superintendent of public instruction have been given thirty-five (35) calendar days to decide whether to intervene as a matter of right as plaintiffs in the patron suit.

History:

[6-2206, added 1996, ch. 258, sec. 1, p. 847.]
Idaho Code § 6-211 — Idaho Code / Title 6 / Chapter 2 / Section 6-211
6-211 TRESPASS ON STATE LANDS — DAMAGE ACTIONS.
Status: in_force

6-211. Trespass on state lands — Damage actions. Any person who cuts down or carries off any wood, trees, or timber or removes top soil from, or dumps trash or debris on, any land belonging to the State of Idaho without lawful authority is liable to the State of Idaho for treble the amount of damages, which amount may be recovered in a civil action therefor.

History:

[6-211, added 1949, ch. 105, sec. 1, p. 194.]
Idaho Code § 6-922 — Idaho Code / Title 6 / Chapter 9 / Section 6-922
6-922 PAYMENT BY STATE OF CLAIMS OR JUDGMENTS WHEN NO INSURANCE.
Status: in_force

6-922. Payment by state of claims or judgments when no insurance. In the event no insurance has been procured by the state to pay a claim or judgment arising under the provisions of this act, the claim or judgment shall be paid from the next appropriation of the state instrumentality whose tortious conduct gave rise to the claim.

History:

[6-922, added 1971, ch. 150, sec. 22, p. 743.]
Idaho Code § 6-312 — Idaho Code / Title 6 / Chapter 3 / Section 6-312
6-312 JUDGMENT BY DEFAULT.
Status: in_force

6-312. Judgment by default. If, at any time appointed, the defendant do not appear and defend, the court must enter his default and render judgment in favor of the plaintiff as prayed for in the complaint.

History:

[(6-312) C.C.P. 1881, sec. 806; R.S., R.C., & C.L., sec. 5102; C.S., sec. 7331; I.C.A., sec. 9-312.]
Idaho Code § 6-1401 — Idaho Code / Title 6 / Chapter 14 / Section 6-1401
6-1401 SCOPE.
Status: in_force

6-1401. Scope. The previous existing applicable law of this state on product liability is modified only to the extent set forth in this act.

History:

[(6-1401) 6-1301, added 1980, ch. 225, sec. 1, p. 499; am. and redesig. 2005, ch. 25, sec. 3, p. 83.]
Idaho Code § 6-604 — Idaho Code / Title 6 / Chapter 6 / Section 6-604
6-604 FORM OF JUDGMENT.
Status: in_force

6-604. Form of judgment. In every such case judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as the form of the action and justice may require.

History:

[(6-604) C.C.P. 1881, sec. 537; R.S., R.C., & C.L., sec. 4614; C.S., sec. 7026; I.C.A., sec. 9-604.]
Idaho Code § 6-519 — Idaho Code / Title 6 / Chapter 5 / Section 6-519
6-519 ESTATE FOR LIFE OR YEARS MAY BE SET OFF.
Status: in_force

6-519. Estate for life or years may be set off. When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property not ordered to be sold.

History:

[(6-519) C.C.P. 1881, sec. 505; R.S., R.C., & C.L., sec. 4578; C.S., sec. 6994; I.C.A., sec. 9-519.]
Idaho Code § 6-1104 — Idaho Code / Title 6 / Chapter 11 / Section 6-1104
6-1104 DUTIES OF SKI AREA OPERATORS WITH RESPECT TO AERIAL PASSENGER TRAMWAYS.
Status: in_force

6-1104. Duties of ski area operators with respect to aerial passenger tramways. Every ski area operator shall have the duty to construct, operate, maintain and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial passenger tramways.

History:

[6-1104, added 1979, ch. 270, sec. 1, p. 703.]
Idaho Code § 6-704 — Idaho Code / Title 6 / Chapter 7 / Section 6-704
6-704 INTERPRETATION OF ACT.
Status: in_force

6-704. Interpretation of act. This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.

History:

[6-704, added 1953, ch. 109, sec. 3, p. 143.]
Idaho Code § 6-910 — Idaho Code / Title 6 / Chapter 9 / Section 6-910
6-910 SUIT ON DENIED CLAIMS PERMITTED.
Status: in_force

6-910. Suit on denied claims permitted. If the claim is denied, a claimant may institute an action in the district court against the governmental entity or its employee in those circumstances where an action is permitted by this act.

History:

[6-910, added 1971, ch. 150, sec. 10, p. 743; am. 1976, ch. 309, sec. 9, p. 1066.]
Idaho Code § 6-702 — Idaho Code / Title 6 / Chapter 7 / Section 6-702
6-702 UNIFORM SINGLE PUBLICATION ACT — ONE CAUSE OF ACTION FOR LIBEL OR SLANDER — RECOVERY.
Status: in_force

6-702. Uniform single publication act — One cause of action for libel or slander — Recovery. No person shall have more than one (1) cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one (1) edition of a newspaper or book or magazine or any one (1) presentation to an audience or any one (1) broadcast over radio or television or any one (1) exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.

History:

[6-702, added 1953, ch. 109, sec. 1, p. 143.]
Idaho Code § 6-804 — Idaho Code / Title 6 / Chapter 8 / Section 6-804
6-804 COMMON LAW LIABILITIES PRESERVED.
Status: in_force

6-804. Common law liabilities preserved. Nothing in this act affects:

(1) The common law liability of the several joint tortfeasors to have judgment recovered and payment made from them individually by the injured person for the whole injury shall be limited to causes of action listed in section 6-803, Idaho Code. However, the recovery of a judgment by the injured person against one (1) joint tortfeasor does not discharge the other joint tortfeasors.

(2) Any right of indemnity under existing law.

History:

[6-804, added 1971, ch. 186, sec. 4, p. 862; am. 1987, ch. 278, sec. 5, p. 578.]
Idaho Code § 6-802 — Idaho Code / Title 6 / Chapter 8 / Section 6-802
6-802 VERDICT GIVING PERCENTAGE OF NEGLIGENCE OR COMPARATIVE RESPONSIBILITY ATTRIBUTABLE TO EACH PARTY.
Status: in_force

6-802. Verdict giving percentage of negligence or comparative responsibility attributable to each party. The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of negligence or comparative responsibility attributable to each party; and the court shall then reduce the amount of such damages in proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.

History:

[6-802, added 1971, ch. 186, sec. 2, p. 862; am. 1987, ch. 278, sec. 3, p. 577.]
Idaho Code § 6-3006 — Idaho Code / Title 6 / Chapter 30 / Section 6-3006
6-3006 TAXATION STATUS.
Status: in_force

6-3006. taxation status. The use of a farm or ranch to conduct an agritourism activity shall not affect the assessment of the property as land actively devoted to agriculture as provided in section 63-604, Idaho Code.

History:

[6-3006, added 2013, ch. 177, sec. 1, p. 413.]
Idaho Code § 6-3102 — Idaho Code / Title 6 / Chapter 31 / Section 6-3102
6-3102 ATTRACTIVE NUISANCE.
Status: in_force

6-3102. ATTRACTIVE NUISANCE. Nothing in this chapter shall affect the common law doctrine of attractive nuisance.

History:

[6-3102, added 2018, ch. 350, sec. 4, p. 828.]
Idaho Code § 6-3905 — Idaho Code / Title 6 / Chapter 39 / Section 6-3905
6-3905 HEARING.
Status: in_force

6-3905. Hearing. (1) The court shall hear a motion pursuant to section 6-3903, Idaho Code, no later than sixty (60) days after filing of the motion, unless the court orders a later hearing:

(a) To allow discovery pursuant to section 6-3904(4), Idaho Code; or

(b) For other good cause.

(2) If the court orders a later hearing pursuant to subsection (1)(a) of this section, the court shall hear the motion pursuant to section 6-3903, Idaho Code, no later than sixty (60) days after the court order allowing the discovery, unless the court orders a later hearing pursuant to subsection (1)(b) of this section.

History:

[6-3905, added 2025, ch. 17, sec. 1, p. 50.]
Idaho Code § 6-3005 — Idaho Code / Title 6 / Chapter 30 / Section 6-3005
6-3005 WARNING REQUIRED.
Status: in_force

6-3005. warning required. (1) Every agritourism professional must post and maintain signs that contain the warning notice specified in subsection (2) of this section. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice must consist of a sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the warning notice specified in subsection (2) of this section.

(2) The signs and contracts described in subsection (1) of this section must contain the following notice of warning:

WARNING

Under Idaho law, there are risks associated with agritourism, which could lead to injury or death. You are assuming these risks. Section 6-3004, Idaho Code.

(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an agritourism professional from invoking the privileges of immunity provided by the provisions of this chapter.

History:

[6-3005, added 2013, ch. 177, sec. 1, p. 413.]
Idaho Code § 6-3912 — Idaho Code / Title 6 / Chapter 39 / Section 6-3912
6-3912 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Status: in_force

6-3912. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History:

[6-3912, added 2025, ch. 17, sec. 1, p. 51.]
Idaho Code § 6-3306 — Idaho Code / Title 6 / Chapter 33 / Section 6-3306
6-3306 DUTIES OF BICYCLISTS.
Status: in_force

6-3306. Duties of bicyclists. (1) It is recognized that bicycling as a recreational sport is hazardous, regardless of all feasible safety measures that can be taken.

(2) Each bicyclist expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in the sport of bicycling, including any injury caused by but not limited to the following: uneven or slippery trail and feature conditions, varying slopes and terrain, bumps, stumps, trees, roots, forest growth, cliffs, rock and rock drops, loose gravel and dirt, wet surfaces, holes and potholes, downed timber, debris, depressions, other bicycles, dark tunnels, jumps, dirt and wood features and other constructed features, lift loading and unloading, padded and nonpadded barriers, paved surfaces, collisions with vehicles owned or operated by individuals or entities other than the mountain operator, other bicyclists, pedestrians, wildlife, objects or heavy equipment, and mechanical or other failure of rental or personal equipment not including equipment rented out by the mountain operator.

(3) Each bicyclist shall have the sole individual responsibility for knowing the range of his own ability to negotiate any trail, and it shall be the duty of each bicyclist to bicycle within the limits of the bicyclist's own ability, to maintain reasonable control of speed and course at all times while bicycling, to heed all posted warnings and safety requirements, to bicycle only on a bicycling area designated by the mountain operator, and to refrain from acting in a manner that may cause or contribute to the injury of anyone. The responsibility for collisions by any bicyclist while actually bicycling, with any person, shall be solely that of the individual or individuals involved in such collision and not that of the mountain operator.

(4) No person shall place any object in the mountain area or on the uphill track of any aerial passenger tramway that may cause a passenger or bicyclist to fall; cross the track of any T-bar lift, J-bar lift, platter lift or similar device, a fiber rope or wire rope tow, and a conveyor, except at a designated location; or depart when involved in a bicycling accident from the scene of the accident without leaving personal identification, including name and address, before notifying the proper authorities or obtaining assistance when that person knows that any other person involved in the accident is in need of medical or other assistance.

History:

[6-3306, added 2020, ch. 329, sec. 1, p. 950.]
Idaho Code § 6-510 — Idaho Code / Title 6 / Chapter 5 / Section 6-510
6-510 LIENHOLDERS — DETERMINATION OF RIGHTS.
Status: in_force

6-510. Lienholders — Determination of rights. If it appears to the court, by the certificate of the county recorder or clerk, or by the sworn or verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property, or any part or portion thereof, which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the action, the court must either order such persons to be made parties to the action by an amendment or supplemental complaint, or appoint a referee to ascertain whether or not such liens or encumbrances have been paid, or if not paid what amount remains due thereon, and their order among the liens or encumbrances severally held by such persons and the parties to the action, and whether the amount remaining due thereon has been secured in any manner, and if secured, the nature and extent of the security.

History:

[(6-510) C.C.P. 1881, sec. 496; R.S., R.C., & C.L., sec. 4569; C.S., sec. 6985; I.C.A., sec. 9-510.]
Idaho Code § 6-313 — Idaho Code / Title 6 / Chapter 3 / Section 6-313
6-313 TRIAL BY JURY.
Status: in_force

6-313. Trial by jury. Whenever an issue of fact is presented by the pleadings it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending.

History:

[(6-313) C.C.P. 1881, sec. 808; R.S., R.C., & C.L., sec. 5103; C.S., sec. 7332; I.C.A., sec. 9-313.]
Idaho Code § 6-1409 — Idaho Code / Title 6 / Chapter 14 / Section 6-1409
6-1409 SHORT TITLE.
Status: in_force

6-1409. Short title. This act shall be known and may be cited as the "Idaho Product Liability Reform Act."

History:

[(6-1409) 6-1309, added 1980, ch. 225, sec. 1, p. 504; am. and redesig. 2005, ch. 25, sec. 11, p. 88.]
Idaho Code § 6-2802 — Idaho Code / Title 6 / Chapter 28 / Section 6-2802
6-2802 LIABILITY OF OUT-OF-STATE EMERGENCY RESPONDER.
Status: in_force

6-2802. liability of out-of-state emergency responder. An emergency responder who enters this state in response to an emergency shall not be liable to another person for damages or injury arising from the conduct of the emergency responder in rendering services in response to an emergency unless it is shown that the emergency responder caused injury or damages to such person as a proximate result of his reckless, grossly negligent or intentional misconduct.

History:

[6-2802, added 2010, ch. 138, sec. 1, p. 292.]
Idaho Code § 6-3907 — Idaho Code / Title 6 / Chapter 39 / Section 6-3907
6-3907 DISMISSAL OF CAUSE OF ACTION IN WHOLE OR PART.
Status: in_force

6-3907. dismissal of CAUSE OF ACTION IN WHOLE OR PART. (1) In ruling on a motion under section 6-3903, Idaho Code, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(a) The moving party establishes pursuant to section 6-3902(2), Idaho Code, that this chapter applies;

(b) The responding party fails to establish pursuant to section 6-3902(3), Idaho Code, that this chapter does not apply; and

(c) Either:

(i) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or

(ii) The moving party establishes that:

1. The responding party failed to state a cause of action upon which relief can be granted; or

2. There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(2) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion pursuant to section 6-3903, Idaho Code, does not affect a moving party's right to obtain a ruling on the motion and to seek costs, attorney's fees, and expenses pursuant to section 6-3910, Idaho Code.

(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion pursuant to section 6-3903, Idaho Code, establishes for the purpose of section 6-3910, Idaho Code, that the moving party prevailed on the motion.

History:

[6-3907, added 2025, ch. 17, sec. 1, p. 50.]
Idaho Code § 6-408 — Idaho Code / Title 6 / Chapter 4 / Section 6-408
6-408 INJURY PENDING CONVEYANCE AFTER SALE — DAMAGES.
Status: in_force

6-408. Injury pending conveyance after sale — Damages. When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, or any redemptioner, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance.

History:

[(6-408) C.C.P. 1881, sec. 484; R.S., R.C., & C.L., sec. 4545; C.S., sec. 6968; I.C.A., sec. 9-408.]
Idaho Code § 6-3305 — Idaho Code / Title 6 / Chapter 33 / Section 6-3305
6-3305 DUTIES OF PASSENGERS.
Status: in_force

6-3305. Duties of passengers. Every passenger shall have the duty to not:

(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;

(2) Drop, throw, or expel any object from an aerial passenger tramway;

(3) Perform any act that interferes with the running or operation of an aerial passenger tramway;

(4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction, until the passenger has requested and received sufficient instruction to permit safe usage;

(5) Embark on an aerial passenger tramway without the authority of the mountain operator; or

(6) Use any aerial passenger tramway without engaging such safety or restraining devices as may be provided.

History:

[6-3305, added 2020, ch. 329, sec. 1, p. 950.]
Idaho Code § 6-3801 — Idaho Code / Title 6 / Chapter 38 / Section 6-3801
6-3801 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

6-3801. LEGISLATIVE findings and INTENT. (1) The provisions of this chapter are intended to provide a civil remedy for damages against commercial entities that publish or distribute material that is harmful to minors on the internet. The legislature finds that pornography is creating a public health crisis and having a corroding influence on minors. Due to advances in technology, the universal availability of the internet, and limited age verification requirements, minors are exposed to pornography earlier in age. Pornography contributes to the hyper-sexualization of teens and prepubescent children and may lead to low self-esteem, body image disorders, an increase in problematic sexual activity at younger ages, and increased desire among adolescents to engage in risky sexual behavior. Pornography may also impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal, and lead to difficulty in forming or maintaining positive, intimate relationships, as well as promote problematic or harmful sexual behaviors and addiction.

(2) As provided in the Idaho consumer protection act that was passed by the legislature in 1971 and allows consumers to seek legal remedies through private lawsuits, it is the intent of the legislature to enable a minor person, or the parent or guardian of such person, who is exposed to harmful material on the internet to bring an action to recover damages.

(3) It is the intent of the legislature that the sovereign immunity described in section 6-3808, Idaho Code, includes the constitutional sovereign immunity recognized by the court in Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), and Alden v. Maine, 527 U.S. 706 (1999), which applies in both state and federal court, and which may not be abrogated by congress or by any state or federal court except pursuant to legislation authorized by section 5 of the fourteenth amendment to the constitution of the United States, by the bankruptcy clause of article I, by congress's powers to raise and support armies and to provide and maintain a navy, or by any other ground that might be recognized by the supreme court of the United States.

(4) With respect to the severability provisions of section 6-3809, Idaho Code, it is the intent of the legislature that any court construing such provisions be mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which, in the context of determining the severability of a state statute, the supreme court of the United States held that an explicit statement of legislative intent is controlling. It is the intent of the legislature that every provision, section, subsection, sentence, clause, phrase, or word in this chapter, and every application of the provisions in this chapter to every person, group of persons, or circumstances, are severable from each other. The legislature further declares that it intends to enact this chapter, and each provision, section, subsection, sentence, clause, phrase, or word, and all constitutional applications of the provisions of this chapter, irrespective of the fact that any provision, section, subsection, sentence, clause, phrase, or word, or applications of this chapter could be declared invalid, preempted, or unconstitutional.

History:

[6-3801, added 2024, ch. 113, sec. 1, p. 486.]
Idaho Code § 6-3505 — Idaho Code / Title 6 / Chapter 35 / Section 6-3505
6-3505 INNOCENCE FUND CREATED.
Status: in_force

6-3505. innocence fund created. There is hereby created in the state treasury the innocence fund. The fund shall consist of moneys that may be provided by legislative appropriation and any reimbursements made to the state by claimants. The state treasurer shall invest the idle moneys of the fund, and the interest earned on such investments shall be retained by the fund. Moneys in the fund are continuously appropriated to be used solely for carrying out the provisions of this chapter.

History:

[6-3505, added 2021, ch. 17, sec. 1, p. 40.]
Idaho Code § 6-529 — Idaho Code / Title 6 / Chapter 5 / Section 6-529
6-529 PROTECTION OF UNKNOWN PARTIES.
Status: in_force

6-529. Protection of unknown parties. If the persons entitled to such estate for life or years be unknown, the court must provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.

History:

[(6-529) C.C.P. 1881, sec. 515; R.S., R.C., & C.L., sec. 4588; C.S., sec. 7004; I.C.A., sec. 9-529.]
Idaho Code § 6-2901 — Idaho Code / Title 6 / Chapter 29 / Section 6-2901
6-2901 DEFINITIONS.
Status: in_force

6-2901. definitions. For purposes of this section, the following terms have the following meanings:

(1) "Livestock" means cattle, sheep, swine, goats, llamas, alpacas or poultry.

(2) "Livestock activity" means livestock shows, fairs, competitions, performances, races or parades.

(3) "Livestock activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for a livestock activity including, but not limited to, 4-H clubs, school and college sponsored classes and programs and operators, instructors and promoters of livestock facilities including, but not limited to, fairs and arenas at which the activity is held.

(4) "Livestock professional" means a person engaged for compensation in:

(a) Instructing a participant or renting livestock to a participant; or

(b) Renting equipment to a participant.

(5) "Participant" means any person, whether amateur or professional, who directly engages in a livestock activity, whether or not a fee is paid to participate in the livestock activity.

History:

[(6-2901) 6-2801, added 2010, ch. 138, sec. 1, p. 292; am. and redesig. 2011, ch. 151, sec. 5, p. 415.]
Idaho Code § 6-602 — Idaho Code / Title 6 / Chapter 6 / Section 6-602
6-602 ACTIONS FOR USURPATION OF OFFICE.
Status: in_force

6-602. Actions for usurpation of office. An action may be brought in the name of the people of the state against any person who usurps, intrudes into, holds or exercises any office or franchise, real or pretended, within this state, without authority of law. Such action shall be brought by the prosecuting attorney of the proper county, when the office or franchise relates to a county, precinct or city, and when such office or franchise relates to the state, by the attorney general; and it shall be the duty of the proper officer, upon proper showing, to bring such action whenever he has reason to believe that any such office or franchise has been usurped, intruded into, held or exercised without authority of law. Any person rightfully entitled to an office or franchise may bring an action in his own name against the person who has usurped, intruded into, or who holds or exercises the same.

History:

[(6-602) R.S., R.C., & C.L., sec. 4612; C.S., sec. 7024; I.C.A., sec. 9-602.]
Idaho Code § 6-547 — Idaho Code / Title 6 / Chapter 5 / Section 6-547
6-547 COST OF ABSTRACT OF TITLE.
Status: in_force

6-547. Cost of abstract of title. If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed to have the same made before the commencement of the action, and any one of the defendants shall have had such abstract afterwards made, the cost of the abstract, with interest thereon from the time the same is subject to inspection of the respective parties to the action, must be allowed and taxed.

History:

[(6-547) C.C.P. 1881, sec. 533; R.S., R.C., & C.L., sec. 4606; C.S., sec. 7022; I.C.A., sec. 9-547.]
Idaho Code § 6-534 — Idaho Code / Title 6 / Chapter 5 / Section 6-534
6-534 CONFIRMATION AND ORDER FOR CONVEYANCE.
Status: in_force

6-534. Confirmation and order for conveyance. If the sale be confirmed by the court, an order must be entered directing the referees to execute conveyances and take securities pursuant to such sale, which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds of the sale.

History:

[(6-534) C.C.P. 1881, sec. 520; R.S., R.C., & C.L., sec. 4593; C.S., sec. 7009; I.C.A., sec. 9-534.]
Idaho Code § 6-318 — Idaho Code / Title 6 / Chapter 3 / Section 6-318
6-318 PLEADINGS MUST BE VERIFIED.
Status: in_force

6-318. Pleadings must be verified. The complaint and answer must be verified.

History:

[(6-318) C.C.P. 1881, sec. 812; R.S., R.C., & C.L., sec. 5107; C.S., sec. 7336; I.C.A., sec. 9-318.]
Idaho Code § 6-502 — Idaho Code / Title 6 / Chapter 5 / Section 6-502
6-502 COMPLAINT — ALLEGATIONS OF INTERESTS OF PARTIES.
Status: in_force

6-502. Complaint — Allegations of interests of parties. The interests of all persons in the property, whether such persons be known or unknown, must be set forth in the complaint specifically and particularly as far as known to the plaintiff; and if one (1) or more of the parties, or the share or quantity of interest of any one of the parties be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact must be set forth in the complaint.

History:

[(6-502) C.C.P. 1881, sec. 488; R.S., R.C., & C.L., sec. 4561; C.S., sec. 6977; I.C.A., sec. 9-502.]
Idaho Code § 6-3902 — Idaho Code / Title 6 / Chapter 39 / Section 6-3902
6-3902 SCOPE.
Status: in_force

6-3902. scope. (1) As used in this section:

(a) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.

(b) "Governmental unit" means a public corporation or government or a governmental subdivision, agency, or instrumentality.

(c) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.

(2) Except as otherwise provided in subsection (3) of this section, the provisions of this chapter shall apply to a cause of action asserted in a civil action against a person based on the person's:

(a) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(b) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(c) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the constitution of the United States or the constitution of the state of Idaho, on a matter of public concern.

(3) The provisions of this chapter shall not apply to a cause of action asserted:

(a) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(b) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or

(c) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.

(4) A cause of action brought pursuant to the provisions of this chapter shall be subject to the rules of the Idaho supreme court.

History:

[6-3902, added 2025, ch. 17, sec. 1, p. 48.]
Idaho Code § 6-805 — Idaho Code / Title 6 / Chapter 8 / Section 6-805
6-805 EFFECT OF RELEASE OF ONE TORTFEASOR ON LIABILITY OF OTHERS.
Status: in_force

6-805. Effect of release of one tortfeasor on liability of others. (1) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides, but, unless otherwise provided in subsection (2) of this section, reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if such amount or proportion is greater than the consideration paid.

(2) A release by the injured person of one (1) or more tortfeasors who are not jointly and severally liable to the injured person, whether before or after judgment, does not discharge another tortfeasor or reduce the claim against another tortfeasor unless the release so provides and the negligence or comparative responsibility of the tortfeasor receiving the release is presented to and considered by the finder of fact, whether or not the finder of fact apportions responsibility to the tortfeasor receiving the release.

History:

[6-805, added 1971, ch. 186, sec. 5, p. 862; am. 1991, ch. 249, sec. 1, p. 617.]
Idaho Code § 6-1108 — Idaho Code / Title 6 / Chapter 11 / Section 6-1108
6-1108 LIABILITY OF PASSENGERS.
Status: in_force

6-1108. Liability of passengers. Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in section 6-1105, Idaho Code, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

History:

[6-1108, added 1979, ch. 270, sec. 1, p. 704.]
Idaho Code § 6-543 — Idaho Code / Title 6 / Chapter 5 / Section 6-543
6-543 SALE OF SHARE OF INCAPACITATED OR PROTECTED PERSON — PAYMENT OF PROCEEDS TO GUARDIAN.
Status: in_force

6-543. Sale of share of incapacitated or protected person — Payment of proceeds to guardian. The guardian who may be entitled to the custody and management of the estate of an incapacitated or protected person whose interest in real property has been sold, may receive, in behalf of such person, his share of the proceeds of such real property from the referees.

History:

[(6-543) C.C.P., 1881, sec. 529; R.S., R.C., & C.L., sec. 4602; C.S., sec. 7018; I.C.A., sec. 9-543; am. 1971, ch. 111, sec. 10, p. 233; am. 2011, ch. 151, sec. 1, p. 414.]
Idaho Code § 6-515 — Idaho Code / Title 6 / Chapter 5 / Section 6-515
6-515 REPORT OF REFEREES — CONFIRMATION — JUDGMENT.
Status: in_force

6-515. Report of referees — Confirmation — Judgment. The court may confirm, change, modify or set aside the report, and if necessary appoint new referees. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive:

1. On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or of any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof, as tenants for years or for life.

2. On all persons interested in the property, who may be unknown, to whom notice has been given of the action for partition by publication.

3. On all other persons claiming from such parties or persons or either of them. And no judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives or assigns of such decedent as if it had been entered before his death.

History:

[(6-515) C.C.P. 1881, sec. 501; R.S., R.C., & C.L., sec. 4574; C.S., sec. 6990; I.C.A., sec. 9-515.]
Idaho Code § 6-902 — Idaho Code / Title 6 / Chapter 9 / Section 6-902
6-902 DEFINITIONS.
Status: in_force

6-902. Definitions. As used in this act:

1. "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof.

2. "Political subdivision" means any county, city, municipal corporation, health district, school district, irrigation district, an operating agent of irrigation districts whose board consists of directors of its member districts, special improvement or taxing district, or any other political subdivision or public corporation. As used in this act, the terms "county" and "city" also mean state licensed hospitals and attached nursing homes established by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by cities and counties pursuant to chapter 37, title 31, Idaho Code.

3. "Governmental entity" means and includes the state and political subdivisions as herein defined.

4. "Employee" means an officer, board member, commissioner, executive, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity, temporarily or permanently in the service of the governmental entity, whether with or without compensation, but the term employee shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which this act applies in the event of a claim.

5. "Bodily injury" means any bodily injury, sickness, disease or death sustained by any person and caused by an occurrence.

6. "Property damage" means injury or destruction to tangible property caused by an occurrence.

7. "Claim" means any written demand to recover money damages from a governmental entity or its employee which any person is legally entitled to recover under this act as compensation for the negligent or otherwise wrongful act or omission of a governmental entity or its employee when acting within the course or scope of his employment.

History:

[6-902, added 1971, ch. 150, sec. 2, p. 743; am. 1976, ch. 309, sec. 2, p. 1063; am. 1978, ch. 372, sec. 1, p. 977; am. 1982, ch. 132, sec. 1, p. 379; am. 1986, ch. 214, sec. 2, p. 548; am. 1996, ch. 192, sec. 1, p. 601; am. 2005, ch. 260, sec. 1, p. 803.]
Idaho Code § 6-901 — Idaho Code / Title 6 / Chapter 9 / Section 6-901
6-901 SHORT TITLE.
Status: in_force

6-901. Short title. This act shall be known and may be cited as the "Idaho tort claims act."

History:

[6-901, added 1971, ch. 150, sec. 1, p. 743.]
Idaho Code § 6-3309 — Idaho Code / Title 6 / Chapter 33 / Section 6-3309
6-3309 LIABILITY OF BICYCLISTS.
Status: in_force

6-3309. Liability of bicyclists. Any bicyclist shall be liable for loss or damages resulting from violations of the duties set forth in section 6-3306, Idaho Code, and shall not be able to recover from the mountain operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

History:

[6-3309, added 2020, ch. 329, sec. 1, p. 951.]
Idaho Code § 6-1010 — Idaho Code / Title 6 / Chapter 10 / Section 6-1010
6-1010 FEES FOR PANEL MEMBERS.
Status: in_force

6-1010. Fees for panel members. The Idaho state board of medicine shall provide, by uniform policy of the board, for the payment of fees and expenses of members of panels, such payment to be made from the occupational licenses fund. Panel members shall serve upon the sworn commitment that all related matters shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and privileged.

History:

[6-1010, added 1976, ch. 278, sec. 11, p. 956; am. 1979, ch. 177, sec. 1, p. 529; am. 1990, ch. 213, sec. 7, p. 492; am. 2015, ch. 141, sec. 4, p. 380; am. 2021, ch. 224, sec. 25, p. 669.]
Idaho Code § 6-3004 — Idaho Code / Title 6 / Chapter 30 / Section 6-3004
6-3004 LIABILITY.
Status: in_force

6-3004. liability. (1) Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, so long as the warning contained in section 6-3005, Idaho Code, is posted as required and, except as provided in subsection (2) of this section, no participant or participant's representative can maintain an action against or recover from an agritourism professional for injury, loss, damage or death of the participant resulting from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activities, the agritourism professional must plead the affirmative defense of assumption of the risk of agritourism activity by the participant.

(2) Nothing in subsection (1) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one (1) or more of the following:

(a) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage or death to the participant;

(b) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities or equipment used in the activity or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage or death to the participant.

(3) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.

History:

[6-3004, added 2013, ch. 177, sec. 1, p. 412.]
Idaho Code § 6-603 — Idaho Code / Title 6 / Chapter 6 / Section 6-603
6-603 STATEMENT OF PRIVATE RIGHT — ARREST OF DEFENDANT.
Status: in_force

6-603. Statement of private right — Arrest of defendant. Whenever such action is brought in the name of the people of the state, the prosecuting attorney at the request of the person entitled to the office or franchise, in addition to the cause of action in behalf of the people of the state, may set forth the name of the person so entitled, with a statement of his right thereto, and in such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office, and by means of usurpation thereof, an order may be granted by the judge or court wherein the case is pending, for the arrest of such defendant, and holding him to bail, and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.

History:

[(6-603) C.C.P. 1881, sec. 536; R.S., R.C., & C.L., sec. 4613; C.S., sec. 7025; I.C.A., sec. 9-603.]
Idaho Code § 6-1109 — Idaho Code / Title 6 / Chapter 11 / Section 6-1109
6-1109 LIABILITY OF SKIERS.
Status: in_force

6-1109. Liability of skiers. Any skier shall be liable for loss or damages resulting from violations of the duties set forth in section 6-1106, Idaho Code, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

History:

[6-1109, added 1979, ch. 270, sec. 1, p. 704.]
Idaho Code § 6-2605 — Idaho Code / Title 6 / Chapter 26 / Section 6-2605
6-2605 LAW ENFORCEMENT AGENCY RESPONSIBILITY.
Status: in_force

6-2605. Law enforcement agency responsibility. A law enforcement agency, upon locating chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory on a residential property, shall notify the residential property owner and the department within seventy-two (72) hours using the department-approved form and shall post a sign on the property.

History:

[6-2605, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 5, p. 395.]
Idaho Code § 6-917 — Idaho Code / Title 6 / Chapter 9 / Section 6-917
6-917 RECOVERY AGAINST GOVERNMENTAL ENTITY BAR TO ACTION AGAINST EMPLOYEE.
Status: in_force

6-917. Recovery against governmental entity bar to action against employee. Recovery against a governmental entity under the provisions of this act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose negligence or wrongful act or omission gave rise to the claim.

History:

[6-917, added 1971, ch. 150, sec. 17, p. 743.]
Idaho Code § 6-3805 — Idaho Code / Title 6 / Chapter 38 / Section 6-3805
6-3805 AFFIRMATIVE DEFENSES.
Status: in_force

6-3805. AFFIRMATIVE DEFENSES. (1) A defendant against whom an action is brought under section 6-3804, Idaho Code, may assert an affirmative defense to liability under this section if:

(a) The imposition of civil liability on the defendant will violate constitutional or federally protected rights that belong to the defendant personally; or

(b) The defendant:

(i) Has standing to assert the rights of a third party under the tests for third-party standing established by the supreme court of the United States; and

(ii) Demonstrates that the imposition of civil liability on the defendant will violate constitutional or federally protected rights belonging to that third party.

(2) The defendant shall bear the burden of proving the affirmative defense that is provided for in subsection (1) of this section by a preponderance of the evidence.

(3) Nothing in this chapter shall limit or preclude a defendant from asserting the unconstitutionality of any provision or application of Idaho law as a defense to liability under section 6-3804, Idaho Code, or from asserting any other defense that might be available under any other source of law.

History:

[6-3805, added 2024, ch. 113, sec. 1, p. 491.]
Idaho Code § 6-303 — Idaho Code / Title 6 / Chapter 3 / Section 6-303
6-303 UNLAWFUL DETAINER DEFINED.
Status: in_force

6-303. Unlawful detainer defined. A tenant of real property, for a term less than life, is guilty of an unlawful detainer:

1. When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any there be; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the civil code.

2. Where he continues in possession, in person or by subtenant, without permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three (3) days' notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Such notice shall also notify the tenant that if a court enters judgment against him, then he will have seventy-two (72) hours, if he is a residential tenant, and seven (7) days, or longer if granted by the court, if he is a commercial tenant or a tenant with a tract of land five (5) acres or more, to remove his belongings from the premises before the landlord may remove and dispose of such property pursuant to section 6-316, Idaho Code. Such notice may be served at any time within one (1) year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty (60) days after the expiration of his term without any demand of possession or notice to quit by the landlord, or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during said year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of a tenant to hold for another year.

3. Where he continues in possession in person, or by subtenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for payment of rent, and three (3) days' notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Within three (3) days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease, or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture: provided, if the covenants and conditions of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his subtenant demanding the performance of the violated covenant or conditions of the lease. A tenant may take proceedings similar to those prescribed in this chapter, to obtain possession of premises let to an undertenant, in case of his unlawful detention of the premises underlet to him.

4. A tenant or subtenant, assigning or subletting, or committing waste upon, the demised premises contrary to the covenants of his lease, thereby terminates the lease, and the landlord, or his successor in estate, shall, upon service of three (3) days' notice to quit upon the person or persons in possession, be entitled to restitution of possession of such demised premises under the provisions of this chapter.

5. If any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the premises of the leased property during the term for which the premises are let to the tenant. For purposes of this chapter, the terms "delivery," "production," and "controlled substance" shall be defined as set forth in section 37-2701, Idaho Code.

History:

[(6-303) C.C.P. 1881, sec. 797; R.S., R.C., & C.L., sec. 5093; C.S., sec. 7322; I.C.A., sec. 9-303; am. 2001, ch. 203, sec. 1, p. 691; am. 2020, ch. 340, sec. 1, p. 995.]
Idaho Code § 6-1013 — Idaho Code / Title 6 / Chapter 10 / Section 6-1013
6-1013 TESTIMONY OF EXPERT WITNESS ON COMMUNITY STANDARD.
Status: in_force

6-1013. Testimony of expert witness on community standard. The applicable standard of practice and such a defendant's failure to meet said standard must be established in such cases by such a plaintiff by testimony of one (1) or more knowledgeable, competent expert witnesses, and such expert testimony may only be admitted in evidence if the foundation therefor is first laid, establishing (a) that such an opinion is actually held by the expert witness, (b) that the said opinion can be testified to with reasonable medical certainty, and (c) that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert opinion testimony is addressed; provided, this section shall not be construed to prohibit or otherwise preclude a competent expert witness who resides elsewhere from adequately familiarizing himself with the standards and practices of (a particular) such area and thereafter giving opinion testimony in such a trial.

History:

[6-1013, added 1976, ch. 277, sec. 3, p. 952.]
Idaho Code § 6-904C — Idaho Code / Title 6 / Chapter 9 / Section 6-904C
6-904C DEFINITIONS.
Status: in_force

6-904C. Definitions. For the purposes of this chapter, and this chapter only, the following words and phrases shall be defined as follows:

1. "Gross negligence" is the doing or failing to do an act which a reasonable person in a similar situation and of similar responsibility would, with a minimum of contemplation, be inescapably drawn to recognize his or her duty to do or not do such act and that failing that duty shows deliberate indifference to the harmful consequences to others.

2. "Reckless, willful and wanton conduct" is present only when a person intentionally and knowingly does or fails to do an act creating unreasonable risk of harm to another, and which involves a high degree of probability that such harm will result.

History:

[6-904C, added 1988, ch. 324, sec. 4, p. 985.]
Idaho Code § 6-1501 — Idaho Code / Title 6 / Chapter 15 / Section 6-1501
6-1501 DEFINITIONS.
Status: in_force

6-1501. Definitions. As used in this chapter:

(1) "Firewood gatherer" means a person who enters onto forest land with or without the consent of the owner of the forest land or by payment of a fee in order to gather or cut wood for use as firewood.

(2) "Forest land" means any privately owned land being held and used for the continuous purpose of growing and harvesting trees of a marketable species.

History:

[6-1501, added 1986, ch. 194, sec. 1, p. 492.]
Idaho Code § 6-315 — Idaho Code / Title 6 / Chapter 3 / Section 6-315
6-315 AMENDMENT OF COMPLAINT.
Status: in_force

6-315. Amendment of complaint. When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.

History:

[(6-315) C.C.P. 1881, sec. 810; R.S., R.C., & C.L., sec. 5105; C.S., sec. 7334; I.C.A., sec. 9-315.]
Idaho Code § 6-1201 — Idaho Code / Title 6 / Chapter 12 / Section 6-1201
6-1201 LEGISLATIVE PURPOSE.
Status: in_force

6-1201. Legislative purpose. Every year, in rapidly increasing numbers, the inhabitants of the state of Idaho and nonresidents are enjoying the recreational value of Idaho's mountains, rivers, and streams, many of which are remote and far removed for ordinary auto travel. The tourist trade is of vital importance to the state of Idaho, and the services offered by licensed outfitters and guides significantly contribute to the economy of the state of Idaho. The legislature recognizes that there are inherent risks in the recreational activities provided by outfitters which should be understood by each participant. These risks are essentially impossible to eliminate by outfitters and guides. It is the purpose of this chapter to define those areas of responsibility and affirmative acts for which outfitters and guides shall be liable for loss, damage, or injury, and to define those risks which the participant expressly assumes and for which there can be no recovery.

History:

[6-1201, added 1979, ch. 317, sec. 1, p. 851.]
Idaho Code § 6-714 — Idaho Code / Title 6 / Chapter 7 / Section 6-714
6-714 MALICE NOT INFERRED FROM PUBLICATION.
Status: in_force

6-714. Malice not inferred from publication. In the cases provided for in subdivisions (3) and (4) of the preceding section, malice is not inferred from the communication or publication.

History:

[6-714, added 1963, ch. 158, sec. 9, p. 459.]
Idaho Code § 6-537 — Idaho Code / Title 6 / Chapter 5 / Section 6-537
6-537 INVESTMENT OF PROCEEDS BELONGING TO UNKNOWNS OR NONRESIDENTS.
Status: in_force

6-537. Investment of proceeds belonging to unknowns or nonresidents. When there are proceeds of sale belonging to an unknown owner, or to a person without the state, who has no legal representative within it, the same must be invested in securities at interest for the benefit of the persons entitled thereto.

History:

[(6-537) C.C.P. 1881, sec. 523; R.S., R.C., & C.L., sec. 4596; C.S., sec. 7012; I.C.A., sec. 9-537.]
Idaho Code § 6-912 — Idaho Code / Title 6 / Chapter 9 / Section 6-912
6-912 COMPROMISE AND SETTLEMENT BY GOVERNING BODY.
Status: in_force

6-912. Compromise and settlement by governing body. The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.

History:

[6-912, added 1971, ch. 150, sec. 12, p. 743.]
Idaho Code § 6-520 — Idaho Code / Title 6 / Chapter 5 / Section 6-520
6-520 APPLICATION OF PROCEEDS OF SALE OF ENCUMBERED PROPERTY.
Status: in_force

6-520. Application of proceeds of sale of encumbered property. The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:

1. To pay its just proportion of the general costs of the action.

2. To pay the costs of the reference.

3. To satisfy and cancel of record the several liens in their order of priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment.

4. The residue among the owners of the property sold, according to their respective shares therein.

History:

[(6-520) C.C.P. 1881, sec. 506; R.S., R.C., & C.L., sec. 4579; C.S., sec. 6995; I.C.A., sec. 9-520.]
Idaho Code § 6-504 — Idaho Code / Title 6 / Chapter 5 / Section 6-504
6-504 LIS PENDENS — FILING AND EFFECT.
Status: in_force

6-504. Lis pendens — Filing and effect. Immediately after filing the complaint in the district court the plaintiff must file with the recorder of the county, or of the several counties in which the property is situated, either a copy of such complaint or a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action, and a description of the property to be affected thereby. From the time of the filing it shall be deemed notice to all persons.

History:

[(6-504) C.C.P. 1881, sec. 490; R.S., R.C., & C.L., sec. 4563; C.S., sec. 6979; I.C.A., sec. 9-504.]
Idaho Code § 6-808 — Idaho Code / Title 6 / Chapter 8 / Section 6-808
6-808 CIVIL IMMUNITY FOR SELF-DEFENSE.
Status: in_force

6-808. Civil immunity for self-defense. (1) A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is immune from any civil liability for the use of such force except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties.

(2) The court shall award reasonable attorney's fees and costs incurred by the defendant in any civil action if the court finds that the defendant is immune from such action pursuant to this section.

(3) As used in this section, "law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.

History:

[6-808, added 2006, ch. 453, sec. 1, p. 1345.]
Idaho Code § 6-928 — Idaho Code / Title 6 / Chapter 9 / Section 6-928
6-928 TAX LEVY TO PAY CLAIM OR JUDGMENT.
Status: in_force

6-928. Tax levy to pay claim or judgment. Notwithstanding any provisions of law to the contrary and in the event there are no funds available, the political subdivision shall levy and collect a property tax, at the earliest time possible, in an amount necessary to pay a claim or judgment arising under the provisions of this act where the political subdivision has failed to purchase insurance or otherwise provide a comprehensive liability plan to cover a risk created under the provisions of this act.

History:

[6-928, added 1971, ch. 150, sec. 28, p. 743; am. 1976, ch. 310, sec. 8, p. 1072; am. 1980, ch. 136, sec. 2, p. 297; am. 1996, ch. 322, sec. 2, p. 1031.]
Idaho Code § 6-2604 — Idaho Code / Title 6 / Chapter 26 / Section 6-2604
6-2604 DEPARTMENT RESPONSIBILITY.
Status: in_force

6-2604. department responsibility. (1) Upon notification by a law enforcement agency or a property owner who voluntarily reports a property, the department shall place the property on the clandestine drug laboratory site property list.

(2) When a property is determined by a qualified industrial hygienist to meet the cleanup standard in this chapter or the property owner submits documentation establishing that the property has been fully and lawfully demolished, the department shall issue the property owner a dated certificate of delisting.

History:

[6-2604, added 2025, ch. 84, sec. 4, p. 394.]
Idaho Code § 6-545 — Idaho Code / Title 6 / Chapter 5 / Section 6-545
6-545 COSTS OF PARTITION — APPORTIONMENT TO PARTIES — LIEN.
Status: in_force

6-545. Costs of partition — Apportionment to parties — Lien. The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.

History:

[(6-545) C.C.P. 1881, sec. 531; R.S., R.C., & C.L., sec. 4604; C.S., sec. 7020; I.C.A., sec. 9-545.]
Idaho Code § 6-2608 — Idaho Code / Title 6 / Chapter 26 / Section 6-2608
6-2608 VOLUNTARY COMPLIANCE.
Status: in_force

6-2608. Voluntary compliance. Any residential property owner who chooses to voluntarily and successfully accomplish the cleanup standards established by this chapter, whether or not such owner was notified by a law enforcement agency, shall be afforded the protections from civil actions provided in section 6-2607, Idaho Code.

History:

[6-2608, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 8, p. 395.]
Idaho Code § 6-2606 — Idaho Code / Title 6 / Chapter 26 / Section 6-2606
6-2606 RESIDENTIAL PROPERTY OWNER CLEANUP RESPONSIBILITY.
Status: in_force

6-2606. Residential property owner cleanup responsibility. (1) Except as otherwise provided in subsection (2) of this section, upon notification to a residential property owner by a law enforcement agency that chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory have been located on the owner's residential property, the residential property owner shall meet the cleanup standards established by the department. The residential property shall remain vacant from the time the residential property owner is notified of the clandestine drug laboratory until such time as the residential property owner has received a certificate issued by the department evidencing that the cleanup standards have been met.

(2) A residential property owner may, at his or her option, elect to demolish the residential property instead of meeting the cleanup standards established by the department.

History:

[6-2606, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 6, p. 395.]
Idaho Code § 6-302 — Idaho Code / Title 6 / Chapter 3 / Section 6-302
6-302 FORCIBLE DETAINER DEFINED.
Status: in_force

6-302. Forcible detainer defined. Every person is guilty of a forcible detainer who either:

1. By force, or by menaces and threats of violence, unlawfully holds and keeps possession of any real property, whether the same was acquired peacefully or otherwise; or

2. Who during the absence of the occupant or property owner of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, refuses to surrender the same to such former occupant or property owner. The occupant of real property, within the meaning of this subdivision, is one who, within five (5) days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands, regardless of whether the property was inhabited by the occupant of real property.

History:

[(6-302) C.C.P. 1881, sec. 796; R.S., R.C., & C.L., sec. 5092; C.S., sec. 7321; I.C.A., sec. 9-302; am. 2017, ch. 276, sec. 1, p. 724.]
Idaho Code § 6-806 — Idaho Code / Title 6 / Chapter 8 / Section 6-806
6-806 EFFECT OF RELEASE OF ONE TORTFEASOR ON HIS LIABILITY FOR CONTRIBUTION TO OTHERS — LIMITS ON APPLICATION OF SECTION.
Status: in_force

6-806. Effect of release of one tortfeasor on his liability for contribution to others — Limits on application of section. A release by the injured person of one (1) joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person's damages recoverable against all the other tortfeasors. This section shall apply only if the issue of proportionate fault is litigated between joint tortfeasors in the same action.

History:

[6-806, added 1971, ch. 186, sec. 6, p. 862.]
Idaho Code § 6-309 — Idaho Code / Title 6 / Chapter 3 / Section 6-309
6-309 PARTIES GENERALLY.
Status: in_force

6-309. Parties generally. Except as provided in the preceding section, the provisions of this code relating to parties to civil actions are applicable to this proceeding.

History:

[(6-309) C.C.P. 1881, sec. 803; R.S., R.C., & C.L., sec. 5099; C.S., sec. 7328; I.C.A., sec. 9-309.]
Idaho Code § 6-2214 — Idaho Code / Title 6 / Chapter 22 / Section 6-2214
6-2214 EDUCATIONAL NECESSITY LEVY.
Status: in_force

6-2214. Educational necessity levy. (1) In general. There is hereby created an educational necessity levy that may be levied by a local school district as authorized in this chapter. The educational necessity levy shall expire upon order of the district court having jurisdiction over a suit brought under this chapter or five (5) years after it comes into existence, whichever comes first. An educational necessity levy authorized by this chapter may be imposed under the terms of this chapter, notwithstanding the provisions of section 63-802, Idaho Code.

(2) For safety and health. Notwithstanding any other provisions of this chapter, the district court may impose an educational necessity levy for the purpose of raising revenues to abate unsafe or unhealthy conditions that have been identified by findings of fact or a judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court, or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court. The district court shall approve an educational necessity levy if it finds that the school district has no alternative source of revenue to use to abate unsafe or unhealthy conditions that have been identified by findings of fact or judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court. The limitations of sections 6-2209 and 6-2210, Idaho Code, regarding the calculation of and the maximum amount of the educational necessity levy do not apply to an educational necessity levy imposed to abate unsafe or unhealthy conditions that have been identified by findings of fact or a judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court, or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court.

History:

[6-2214, added 1996, ch. 258, sec. 1, p. 853; am. 2003, ch. 339, sec. 2, p. 914.]
Idaho Code § 6-610A — Idaho Code / Title 6 / Chapter 6 / Section 6-610A
6-610A EMPLOYER FURNISHING DEFENSE FOR PUBLIC OFFICER IN CRIMINAL ACTIONS — REQUIREMENTS.
Status: in_force

6-610A. Employer furnishing defense for public officer in criminal actions — Requirements. (1) If a criminal action or proceeding is brought against an employee who is a sheriff, constable, peace officer, commissioned officer of the Idaho state police, or any other person charged with the duty of enforcement of the criminal laws of this state, the employer of the employee charged in the criminal action shall reimburse the employee for reasonable expenses the employee incurred in providing his defense in the criminal action if:

(a) The criminal action or proceeding is brought on account of an act or omission which occurred in the course and scope of the employee's duties as an employee of the employer; and

(b) The employee provides his own defense in the criminal action and the employee is found not guilty of the criminal charges or the charges are dropped.

(2) For the purposes of this section, employer shall mean the state of Idaho or any office, department, agency, authority, commission, board or other instrumentality thereof, and political subdivisions of the state of Idaho including any city, county or municipal corporation.

History:

[6-610A, added 1987, ch. 175, sec. 1, p. 348; am. 1995, ch. 116, sec. 21, p. 398; am. 2000, ch. 469, sec. 16, p. 1466.]