Idaho Code § 7-912 — Idaho Code / Title 7 / Chapter 9 / Section 7-912
7-912 VACATING AN AWARD.
Status: in_force

7-912. Vacating an award. (a) Upon application of a party, the court shall vacate an award where;

(1) The award was procured by corruption, fraud or other undue means;

(2) There was evident partiality by an arbitrator appointed as a neutral, or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party;

(3) The arbitrators exceeded their powers;

(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 7-905, Idaho Code, as to prejudice substantially the rights of a party; or

(5) There was no arbitration agreement and the issue was not adversely determined in proceedings under section 7-902, Idaho Code, and the party did not participate in the arbitration hearing without raising the objection.

The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.

(b) An application under this section shall be made within ninety (90) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known.

(c) In vacating the award on grounds other than stated in clause (5) of subsection (a) the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 7-903, Idaho Code, or, if the award is vacated on grounds set forth in clauses (3) and (4) of subsection (a) the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 7-903, Idaho Code. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.

(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

History:

[I.C., sec. 7-912, as added by 1975, ch. 117, sec. 2, p. 240; am. 1990, ch. 65, sec. 1, p. 144.]
Idaho Code § 7-208 — Idaho Code / Title 7 / Chapter 2 / Section 7-208
7-208 EXTENT OF REVIEW.
Status: in_force

7-208. Extent of review. The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued the authority of such tribunal, board or officer.

History:

[(7-208) C.C.P. 1881, sec. 733; R.S., R.C., & C.L., sec. 4968; C.S., sec. 7249; I.C.A., sec. 13-208.]
Idaho Code § 7-1117 — Idaho Code / Title 7 / Chapter 11 / Section 7-1117
7-1117 EXPERT WITNESSES APPOINTED BY COURT — COMPENSATION — PAYMENT.
Status: in_force

7-1117. Expert witnesses appointed by court — Compensation — Payment. The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe, or that the proportion of any party be paid by the county, and that, after payment by the parties or the county or both, all or part or none of it be taxed as costs in the action. The fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action.

History:

[7-1117, added 1969, ch. 93, sec. 16, p. 318.]
Idaho Code § 7-1608 — Idaho Code / Title 7 / Chapter 16 / Section 7-1608
7-1608 DISPUTED PARENTAGE.
Status: in_force

7-1608. disputed parentage. (1) If a party to a gestational agreement validated pursuant to section 7-1605, Idaho Code, disputes the parentage of a child allegedly born under the terms of the agreement, the court that issued the validation order shall order genetic testing to determine the parentage of the child.

(a) If the results of genetic testing are consistent with assisted reproduction as provided for in the agreement, then parentage shall be determined according to the agreement.

(b) If the results of genetic testing are inconsistent with assisted reproduction as provided for in the agreement, then parentage shall be determined according to other applicable law.

(2) If a child is born under the terms of an agreement found to be invalid and parentage of the child is disputed, then parentage shall be determined according to other applicable law.

History:

[7-1608, added 2023, ch. 228, sec. 1, p. 704.]
Idaho Code § 7-917 — Idaho Code / Title 7 / Chapter 9 / Section 7-917
7-917 COURT — JURISDICTION.
Status: in_force

7-917. Court — Jurisdiction. The term "court" means any court of competent jurisdiction of this state. The making of an agreement described in section 7-901, Idaho Code, providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under this act and to enter judgment on an award thereunder.

History:

[I.C., sec. 7-917, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1033 — Idaho Code / Title 7 / Chapter 10 / Section 7-1033
7-1033 ASSISTANCE WITH DISCOVERY.
Status: in_force

7-1033. Assistance with discovery. A tribunal of this state may:

(1) Request a tribunal outside this state to assist in obtaining discovery; and

(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.

History:

[(7-1033) 7-1030, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 33, p. 779; am. 2015, 1st E.S., ch. 1, sec. 25, p. 19.]
Idaho Code § 7-1601 — Idaho Code / Title 7 / Chapter 16 / Section 7-1601
7-1601 SHORT TITLE.
Status: in_force

7-1601. short title. This chapter shall be known and may be cited as the "Gestational Agreements Act."

History:

[7-1601, added 2023, ch. 228, sec. 1, p. 701.]
Idaho Code § 7-1016 — Idaho Code / Title 7 / Chapter 10 / Section 7-1016
7-1016 PROCEEDINGS UNDER THIS CHAPTER.
Status: in_force

7-1016. Proceedings under this chapter. (1) Except as otherwise provided in this chapter, sections 7-1016 through 7-1034, Idaho Code, apply to all proceedings under the provisions of this chapter.

(2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.

History:

[(7-1016) 7-1013, added 1994, ch. 207, sec. 2, p. 645; am. 1997, ch. 198, sec. 6, p. 561; am. and redesig. 2006, ch. 252, sec. 16, p. 772; am. 2015, 1st E.S., ch. 1, sec. 14, p. 14.]
Idaho Code § 7-605 — Idaho Code / Title 7 / Chapter 6 / Section 7-605
7-605 PROVISION FOR BAIL.
Status: in_force

7-605. Provision for bail. Whenever a warrant of attachment is issued, pursuant to this chapter, the court or judge must direct, by an endorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such endorsement.

History:

[(7-605) C.C.P. 1881, sec. 834; R.S., R.C., & C.L., sec. 5159; C.S., sec. 7387; I.C.A., sec. 13-605.]
Idaho Code § 7-1301 — Idaho Code / Title 7 / Chapter 13 / Section 7-1301
7-1301 SHORT TITLE.
Status: in_force

7-1301. Short title. This chapter shall be known as the "Judicial Confirmation Law."

History:

[7-1301, added 1988, ch. 219, sec. 1, p. 414.]
Idaho Code § 7-908 — Idaho Code / Title 7 / Chapter 9 / Section 7-908
7-908 AWARD.
Status: in_force

7-908. Award. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.

(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.

History:

[I.C., sec. 7-908, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1032 — Idaho Code / Title 7 / Chapter 10 / Section 7-1032
7-1032 COMMUNICATIONS BETWEEN TRIBUNALS.
Status: in_force

7-1032. Communications between tribunals. A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.

History:

[(7-1032) 7-1029, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 32, p. 779; am. 2015, 1st E.S., ch. 1, sec. 24, p. 18.]
Idaho Code § 7-1604 — Idaho Code / Title 7 / Chapter 16 / Section 7-1604
7-1604 GESTATIONAL AGREEMENT.
Status: in_force

7-1604. gestational agreement. (1) Prior to assisted reproduction, a gestational carrier and an intended parent shall enter into a written gestational agreement. If the gestational carrier is married, her spouse shall also be a party to the agreement. Neither the gestational carrier nor her spouse may contribute gametes for use in assisted reproduction under the gestational agreement.

(2) The gestational agreement shall provide that the intended parent will be the parent of any child conceived through assisted reproduction and born under the terms of the agreement.

(3) The gestational agreement shall include the following:

(a) Acceptance by the intended parent of all rights and duties of a parent for any child conceived through assisted reproduction and born under the terms of the gestational agreement;

(b) Verification that:

(i) All parties to the agreement are at least twenty-one (21) years of age;

(ii) The gestational carrier has given birth to a live child at least once before; and

(iii) The gestational carrier agrees to become pregnant by means of assisted reproduction; and

(c) Relinquishment by the prospective gestational carrier, the prospective gestational carrier's spouse if she is married, and the prospective donor of a gamete for use in assisted reproduction if such prospective donor is not an intended parent of all rights and duties of a parent for any child conceived through assisted reproduction and born under the terms of the agreement.

(4) A prospective gestational carrier may not be receiving public assistance as defined by section 56-201, Idaho Code.

(5) A gestational agreement may provide for payment of consideration.

(6) A gestational agreement shall not limit the right of the gestational carrier to make decisions to safeguard her health or that of an embryo or a fetus that she is carrying.

(7) In matters relating to the gestational agreement, the gestational carrier and the intended parent shall have independent legal representation.

History:

[7-1604, added 2023, ch. 228, sec. 1, p. 702.]
Idaho Code § 7-1406A — Idaho Code / Title 7 / Chapter 14 / Section 7-1406A
7-1406A GOOD CAUSE DETERMINATION IN LICENSE SUSPENSION PROCEEDINGS.
Status: in_force

7-1406A. good cause determination in license suspension proceedings. (1) A motor vehicle or occupational license suspension pursuant to this chapter shall be denied or stayed if the obligor proves that one (1) or more of the following conditions for good cause determination exist:

(a) The obligor has been declared physically disabled by the social security administration, the Idaho industrial commission, or another competent authority that works with disabled individuals, and the disability has directly resulted in the current inability to pay the child support obligation;

(b) The obligor is experiencing the effects of an extended illness or accident that has directly resulted in the current inability to pay the child support obligation;

(c) The obligor is a student whose enrollment is a result of a referral from Idaho vocational rehabilitation, the Idaho industrial commission, or another competent authority that works with disabled individuals;

(d) The obligor is incarcerated in a county, state, or federal correctional facility and proves that he has no assets;

(e) The obligor is receiving supplemental security income benefits;

(f) The obligor has court-ordered physical custody of all children listed in the order for support; or

(g) Child support is being collected directly from the obligor's income through an income withholding order issued by the department to the obligor's employer or other income source.

(2) A recreational license suspension pursuant to this chapter shall be stayed if the obligor proves either of the following conditions for good cause determination exist:

(a) The obligor is receiving supplemental security income benefits; or

(b) The obligor has court-ordered physical custody of all children listed in the order for support.

(3) No condition other than those described in subsections (1) and (2) of this section shall constitute good cause for a denial or stay of a license suspension. The following conditions shall not constitute good cause for a denial or stay of a license suspension:

(a) The obligor is unemployed, underemployed, or has difficulty maintaining consistent employment;

(b) The obligor claims to be disabled but has not applied for disability benefits or has been refused disability benefits;

(c) The obligor asserts that the child support obligation is too high;

(d) The obligor has been denied full visitation with the child or children; or

(e) The obligor alleges that the obligee misuses the child support.

History:

[7-1406A, added 2025, ch. 126, sec. 1, p. 657.]
Idaho Code § 7-906 — Idaho Code / Title 7 / Chapter 9 / Section 7-906
7-906 REPRESENTATION BY ATTORNEY.
Status: in_force

7-906. Representation by attorney. A party has the right to be represented by an attorney at any proceeding or hearing under this act. A waiver thereof prior to the proceeding or hearing is ineffective.

History:

[I.C., sec. 7-906, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1101 — Idaho Code / Title 7 / Chapter 11 / Section 7-1101
7-1101 TITLE OF ACT.
Status: in_force

7-1101. Title of act. This act shall be known as the Paternity Act.

History:

[7-1101, added 1969, ch. 93, sec. 25, p. 318.]
Idaho Code § 7-1021 — Idaho Code / Title 7 / Chapter 10 / Section 7-1021
7-1021 INAPPROPRIATE TRIBUNAL.
Status: in_force

7-1021. Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.

History:

[(7-1021) 7-1018, added 1994, ch. 207, sec. 2, p. 646; am. 1997, ch. 198, sec. 9, p. 563; am. and redesig. 2006, ch. 252, sec. 21, p. 775; am. 2015, 1st E.S., ch. 1, sec. 17, p. 15.]
Idaho Code § 7-1507 — Idaho Code / Title 7 / Chapter 15 / Section 7-1507
7-1507 DISCOVERY.
Status: in_force

7-1507. Discovery. (1) Unless the evaluator orders otherwise:

(a) A defending party may demand in writing a statement from each claimant setting forth separately the amounts of any special, general or other damages sought in the evaluation. Such statement shall be served on all parties no later than twenty-one (21) days after receipt of the demand;

(b) A party may take the deposition of another party pursuant to the Idaho rules of civil procedure;

(c) If the physical or mental condition of a claimant is at issue, the defending parties may obtain the relevant medical reports of the claimant and one (1) defendant's medical examination of the claimant. The evaluator shall decide any limitations to be placed on the time, place, manner, conditions or scope of the examination if requested. A claimant shall have an absolute right to a copy of any document relating to the claimant which is created by the examiner or the examiner's employees or agents during or after the examination. Such materials shall be provided to the claimant within fourteen (14) days of the date of the examination and no later than twenty-one (21) days prior to the evaluation hearing date. Failure to timely provide the medical examiner's materials shall be a basis for vacating and rescheduling the hearing or for excluding the evidence in the discretion of the evaluator;

(d) The parties may submit requests for admission to one another pursuant to the Idaho rules of civil procedure.

(2) The conclusions and foundations therefore of any expert opinion testimony that a party intends to offer at the evaluation shall be submitted in writing to the opposing party no later than twenty-one (21) days prior to the evaluation. Medical records are deemed to fulfill the requirements of this subsection. If the opposing party concludes that it needs to take the expert's deposition and the parties cannot reach agreement to do so, the written report shall be submitted to the evaluator who, after hearing the opposing party's reasons for requesting the deposition, may order it to go forward. The evaluator's determination that such discovery will occur shall be based on whether it is necessary to obtain a fair determination of the case. If a party wishes to offer the live testimony of any expert witness at the evaluation, notice of the intent to do so must be given to the other parties no later than twenty-one (21) days prior to the evaluation and the opposing parties shall have the right to depose the expert before the evaluation is conducted.

(3) No additional discovery shall be due or obtained for the purpose of the evaluation unless the parties stipulate thereto or the evaluator has ordered otherwise based on the evaluator's determination that such discovery is necessary to obtain a fair, swift and cost-effective determination of the case.

(4) Costs of all depositions, including fees for expert testimony, and medical examinations shall be paid by the party requesting the examination or testimony.

History:

[7-1507, added 2002, ch. 137, sec. 1, p. 384; am. 2003, ch. 29, sec. 5, p. 107.]
Idaho Code § 7-1408 — Idaho Code / Title 7 / Chapter 14 / Section 7-1408
7-1408 CONFIRMATION OF NONLICENSURE.
Status: in_force

7-1408. Confirmation of nonlicensure. The petitioner or department shall notify the appropriate licensing authority of the commencement of a judicial or administrative proceeding to suspend a license. Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, the licensing authority shall then notify the petitioner or the department if the individual named in the petition is not a licensee.

History:

[7-1408 added 1996, ch. 429, sec. 1, p. 1459; am. 2015, ch. 141, sec. 7, p. 381.]
Idaho Code § 7-1504 — Idaho Code / Title 7 / Chapter 15 / Section 7-1504
7-1504 SELECTION OF EVALUATOR — COURT ADMINISTRATION OF PROCEDURE — RULES, STANDARDS AND PROCEDURES — EXEMPTION FROM OPERATION OF THE CHAPTER.
Status: in_force

7-1504. Selection of evaluator — Court administration of procedure — Rules, standards and procedures — Exemption from operation of the chapter. (1) All magistrate judges, district judges and appellate court judges and justices, whether classified as sitting, senior or retired, are authorized to act as civil litigation evaluators. The supreme court may establish by rule, procedures for the appointment and use, where available, of such judges as evaluators for the purposes of this chapter.

(2) The supreme court shall maintain a list of private civil litigation evaluators who are approved to serve in each district pursuant to this chapter and any rules adopted by the supreme court. Each county's clerk of the court shall from time to time be provided by the supreme court a list of evaluators who are approved to serve in that county pursuant to this chapter and any rules adopted by the supreme court.

(3) Unless a sitting or senior judge is assigned by the supreme court or administrative judge as an evaluator, or unless the parties have agreed in advance to the selection of a particular evaluator, upon receipt of a notice of initiation of the provisions of this chapter, the clerk of the court shall provide each party to the case a list containing the names of the same five (5) randomly selected evaluators. If there are more than two (2) parties to the litigation, the clerk will provide ten (10) names.

(4) In every case each party may submit requests for replacement list(s) to the clerk within three (3) days of receipt of a list of evaluators. Upon receipt of such a request, the clerk of the court shall provide each party to the case a new list containing an appropriate number of names of randomly selected evaluators.

(5) Within seven (7) days of receipt of the list, it shall be the duty of the party that filed the notice initiating proceedings under this chapter to initiate contact with the other party or parties for the purpose of selecting an evaluator. Unless the parties agree on a particular evaluator or a different method of selection, selection of the evaluator will be by alternating strikes. The initiating party shall strike an evaluator's name, the opposing party shall then strike an evaluator's name with the parties alternating until only one (1) name is left. If there are more than two (2) parties, the strikes shall be made in the order the parties' names appear on the case caption commencing with the initiating party. The initiating party shall file notice of the selected evaluator within ten (10) days of the receipt of the list.

(6) If there is any dispute or failure to cooperate with the selection procedures contained in this section, any party may file a motion with the court for assistance in selection of an evaluator. No hearing shall be required and the court shall rule on such motion expeditiously and take whatever steps are necessary to obtain the prompt selection of an evaluator. If the court finds that a party has requested a replacement list of evaluators unreasonably or determines it is otherwise appropriate, the court may appoint a sitting or retired judge or a private lawyer from the list of approved evaluators to serve as evaluator for the case.

(7) Upon application by any party made no sooner than fourteen (14) days after the filing of the notice of request for civil evaluation, the clerk shall assign by random lot any of the individuals identified on the list as the evaluator if no notice of selection or motion for assistance has been filed.

(8) Nothing shall preclude the parties stipulating to the appointment of any individual who agrees to serve as their evaluator under this statute. If the parties stipulate to the appointment of an evaluator different from one on the list provided by the clerk, they shall file a joint statement to that effect with the court.

(9) To the extent it deems necessary, the supreme court may prescribe rules to reduce the costs of evaluation under this chapter. It may also prescribe forms to be used in the evaluation process, and other rules, standards or procedures it deems appropriate to effectuate the purposes of this chapter.

(10) The supreme court may exempt all cases filed in the courts of any county from the operation of this chapter if, following application made by the administrative judge of the judicial district which includes that county, the supreme court determines the county does not have sufficient judicial or other resources to implement and effectuate the purposes of this chapter or for other good cause shown.

History:

[7-1504, added 2002, ch. 137, sec. 1, p. 382; am. 2003, ch. 29, sec. 2, p. 104.]
Idaho Code § 7-1405 — Idaho Code / Title 7 / Chapter 14 / Section 7-1405
7-1405 COMMENCEMENT OF JUDICIAL PROCEEDING FOR SUSPENSION OF LICENSE.
Status: in_force

7-1405. Commencement of judicial proceeding for suspension of license. (1) A petition for suspension of a license may be commenced in the magistrate division of the district court of the county where the child support order or order for visitation was issued; and no filing fees shall be charged for seeking only the relief provided under this chapter. The petition shall allege:

(a) The name and, if known, social security number of the licensee;

(b) The type or types of license or licenses the licensee is believed to hold and the name of each licensing authority;

(c) The amount owed under a child support order, the amount of support paid and the amount of the delinquency, the failure to comply with a subpoena in a paternity or child support proceeding, or the manner in which a licensee has failed to comply with an order for visitation; and

(d) The last known address of the licensee.

(2) A petition to suspend a license for a child support delinquency shall include a certified copy of the record of child support payments maintained by the department or local child support registry.

(3) A copy of the filed petition shall be delivered to the licensee by personal service according to the Idaho rules of civil procedure.

History:

[7-1405, added 1996, ch. 429, sec. 1, p. 1459; am. 1997, ch. 317, sec. 1, p. 938; am. 1998, ch. 250, sec. 3, p. 816.]
Idaho Code § 7-1603 — Idaho Code / Title 7 / Chapter 16 / Section 7-1603
7-1603 DEFINITIONS.
Status: in_force

7-1603. definitions. As used in this chapter:

(1) "Assisted reproduction" means the laboratory and medical procedures used by a medical professional in which human gametes are used outside the body for reproductive purposes.

(2) "Gamete" means a mature male or female germ cell usually possessing a haploid chromosome set and capable of initiating formation of a new diploid individual by fusion with a gamete of the opposite sex.

(3) "Genetic testing" means an analysis of genetic markers to exclude or identify a person as the parent of a child, including an analysis of one (1) or a combination of the following:

(a) Deoxyribonucleic acid; and

(b) Blood group antigens, red cell antigens, human leukocyte antigens, serum enzymes, serum proteins, or red cell enzymes.

(4) "Gestational agreement" means a contract under which a gestational carrier agrees to become pregnant by means of assisted reproduction in order to give birth to a child who will be parented by an intended parent.

(5) "Gestational carrier" means an adult woman who:

(a) Becomes pregnant or intends to become pregnant under the terms of a gestational agreement; or

(b) Gives birth or intends to give birth to a child under the terms of a gestational agreement.

(6) "Intended parent" means an individual who intends to be the parent of a child born under the terms of a gestational agreement.

(a) There may be one (1) intended parent or two (2) intended parents under a gestational agreement.

(b) Except where context otherwise requires, any provision of this chapter relating to an intended parent shall relate to both intended parents if there are two (2).

(7) "Order of parentage" means an order issued by a court or administrative body with authority to issue the order, which order identifies the legal parent or parents of a child born under the terms of a gestational agreement.

History:

[7-1603, added 2023, ch. 228, sec. 1, p. 702.]
Idaho Code § 7-1503 — Idaho Code / Title 7 / Chapter 15 / Section 7-1503
7-1503 ACTIONS TO WHICH THE IDAHO CIVIL EVALUATION OPTION APPLIES — INITIATION OF PROCESS — OPTION TO MEDIATE — MOTIONS FOR REMOVAL FROM EVALUATION.
Status: in_force

7-1503. Actions to which the Idaho civil evaluation option applies — Initiation of process — Option to mediate — Motions for removal from evaluation. (1) Civil actions in which the sole relief sought is a money judgment in which the parties agree that the total claims for all damages sought by a party do not exceed thirty-five thousand dollars ($35,000) shall be subject to the provisions of this chapter. This chapter shall not apply to appeals from the magistrates division, disputes subject to arbitration under chapter 9, title 7, Idaho Code, proceedings in the small claims division of the district court, cases seeking a punitive damages award, or cases in which this chapter has been previously invoked.

(2) The provisions of this chapter may be initiated by any party by the filing of a notice with the court. The notice shall be filed at least one hundred fifty (150) days prior to a scheduled trial but, without the consent of all parties, may not be filed within forty-five (45) days following the service of a complaint. For actions pending in the magistrates division, however, notice shall be filed at least one hundred (100) days prior to a scheduled trial but, without consent of all the parties, may not be filed within thirty (30) days following the service of a complaint. The trial court shall retain jurisdiction over a case proceeding under this chapter and the case shall remain on the court's active calendar.

(3) The parties shall confer after the filing of the notice to determine if they wish to undertake evaluation or mediation. If they agree to mediate, the parties may agree upon a mediator or utilize as mediator an individual selected pursuant to the evaluator selection provisions of this chapter. If a mediation has been conducted under this chapter, and the mediation has not resulted in the settlement of all claims, within fourteen (14) days following such mediation, the parties shall file a notice with the clerk of the court that a mediation has been completed, that all claims have not been settled and specifying the claims which remain.

(4) If the parties are not able to agree whether to undertake a mediation or an evaluation under this chapter, a party has seven (7) days after the filing of the notice of the initiation of the provisions of this chapter to file a motion seeking the court to order which form of alternative dispute resolution will be used. The moving party has a right to a hearing pursuant to the Idaho rules of civil procedure. In making its determination on the motion, the court shall consider, among other factors it deems relevant, the nature of the claim(s) and the defense(s), the prior experience, if any, of the parties or their counsel with mediation or evaluation, in this or other cases, the potential likelihood that the facts alleged in a claim, if proven, will lead to liability of one party to another, and the complexity of the case. If the court does not determine that mediation is a preferable means of alternative dispute resolution for the particular case, it shall order the parties to conduct an evaluation under the provisions of this chapter. However, if the court determines that neither mediation nor evaluation is appropriate in the case, it may order that the case proceed to trial in accordance with the Idaho rules of civil procedure.

(5) Any party may move the court for removal from the evaluation at any stage for good cause including, but not limited to, a substantial change in circumstances or a reasonable potential for the moving party to later seek amendment to its pleadings to allow that party to pursue punitive damages, making the evaluation option an inappropriate method to obtain resolution of the particular dispute.

History:

[7-1503, added 2002, ch. 137, sec. 1, p. 381; am. 2003, ch. 29, sec. 1, p. 103; am. 2018, ch. 244, sec. 1, p. 567.]
Idaho Code § 7-901 — Idaho Code / Title 7 / Chapter 9 / Section 7-901
7-901 VALIDITY OF ARBITRATION AGREEMENT.
Status: in_force

7-901. Validity of arbitration agreement. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This act does not apply to arbitration agreements between employers and employees or between their respective representatives (unless otherwise provided in the agreement).

History:

[I.C., sec. 7-901, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1512 — Idaho Code / Title 7 / Chapter 15 / Section 7-1512
7-1512 STATISTICAL RECORDS — COMPILATION OF EVALUATOR LIST.
Status: in_force

7-1512. Statistical records — Compilation of evaluator list. (1) The supreme court shall keep statistical records of the number of requests for evaluation filed pursuant to the provisions of this chapter, the number of requests for trial de novo hereunder, and the number of instances in which a party improves its position by at least fifteen percent (15%) at trial.

(2) Commencing no later than July 1, 2002, the supreme court shall begin compiling the names of individuals desiring to serve as civil litigation evaluators in each judicial district.

History:

[7-1512, added 2002, ch. 137, sec. 1, p. 389; am. 2003, ch. 29, sec. 9, p. 112.]
Idaho Code § 7-711 — Idaho Code / Title 7 / Chapter 7 / Section 7-711
7-711 ASSESSMENT OF DAMAGES.
Status: in_force

7-711. Assessment of damages. The court, jury or referee must hear such legal testimony as may be offered by any of the parties to the proceedings, and thereupon must ascertain and assess:

1. The value of the property sought to be condemned, and all improvements thereon pertaining to the realty, and of each and every separate estate or interest therein; if it consists of different parcels, the value of each parcel and each estate or interest therein shall be separately assessed. For purposes of ascertaining the value of the property, the minimum amount for damages shall be the greater of the assessed value for property tax purposes unless the court, jury or referee finds the property has been altered substantially, or the plaintiff's highest prelitigation appraisal.

2. If the property sought to be condemned constitutes only a part of a larger parcel: (a) the damages which will accrue to the portion not sought to be condemned, by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff; and (b) the damages to any business qualifying under this subsection having more than five (5) years' standing which the taking of a portion of the property and the construction of the improvement in the manner proposed by the plaintiff may reasonably cause. The business must be owned by the party whose lands are being condemned or be located upon adjoining lands owned or held by such party. Business damages under this subsection shall not be awarded if the loss can reasonably be prevented by a relocation of the business or by taking steps that a reasonably prudent person would take, or for damages caused by temporary business interruption due to construction; and provided further that compensation for business damages shall not be duplicated in the compensation otherwise awarded to the property owner for damages pursuant to subsections (1) and (2)(a) of this section 7-711, Idaho Code.

(i) If the business owner intends to claim business damages under this subsection, the owner, as defendant, must submit a written business damage claim to the plaintiff within ninety (90) days after service of the summons and complaint for condemnation. The plaintiff's initial offer letter or accompanying information must expressly inform the defendant of its rights under this subsection, and must further inform the defendant of its right to consult with an attorney.

(ii) The defendant's written claim must be sent to the plaintiff by certified mail, return receipt requested. Absent a showing of a good faith justification for the failure to submit a business damage claim within ninety (90) days, or an agreed extension by the parties, the court shall strike the defendant's claim for business damages in any condemnation proceeding.

(iii) The business damage claim must include an explanation of the nature, extent, and monetary amount of such claimed damages and must be prepared by the owner, a certified public accountant, or a business damage expert familiar with the nature of the operations of the defendant's business. The defendant shall also provide the plaintiff with copies of the defendant's business records that substantiate the good faith offer to settle the business damage claim. The business damage claim must be clearly segregated from the claim for property damages pursuant to subsections (1) and (2)(a) of this section 7-711, Idaho Code.

(iv) As used in this subsection, the term "business records" includes, but is not limited to, copies of federal and state income tax returns, state sales tax returns, balance sheets, and profit and loss statements for the five (5) years preceding which are attributable to the business operation on the property to be acquired, and other records relied upon by the business owner that substantiate the business damage claim.

(v) The plaintiff's good faith in failing to offer compensation for business damages shall not be contested at a possession hearing held pursuant to section 7-721, Idaho Code, if the defendant has not given notice of its intent to claim business damages prior to the date of filing of the motion that initiates the proceeding under that section.

3. Separately, how much the portion not sought to be condemned, and each estate or interest therein, will be specially and directly benefited, if at all, by the construction of the improvement proposed by the plaintiff; and if the benefit shall be equal to the damages assessed, under subsection 2. of this section, the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit shall be less than the damages so assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value.

4. If the property sought to be condemned be for a railroad, the cost of good and sufficient fences along the line of such railroad, and the cost of cattle guards where fences may cross the line of such railroad.

5. As far as practicable, compensation must be assessed for each source of damages separately.

6. If the property sought to be condemned is private real property actively devoted to agriculture, the damages which will accrue because of the costs, if any, of farming around electrical transmission line structure(s) for a transmission line with a capacity in excess of two hundred thirty (230) kilovolts. If the property sought to be condemned has been the subject of a previous condemnation proceeding or proceedings for electrical transmission line structure(s) and at the time of condemnation the field holds other electrical transmission line structure(s), such evidence of costs referred to above may also include the cumulative effects, if any, of conducting farming operations around other electrical transmission line structure(s) in the same field, whether such structure(s) are of the condemner or not.

History:

[(7-711) C.C.P. 1881, sec. 861; R.S., R.C., & C.L., sec. 5220; C.S., sec. 7414; I.C.A., sec. 13-711; am. 1983, ch. 115, sec. 2, p. 247; am. 1998, ch. 427, sec. 1, p. 1345; am. 2000, ch. 346, sec. 1, p. 1170; am. 2006, ch. 452, sec. 1, p. 1343.]
Idaho Code § 7-1074 — Idaho Code / Title 7 / Chapter 10 / Section 7-1074
7-1074 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Status: in_force

7-1074. Uniformity of application and construction. In applying and construing this uniform act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History:

[(7-1074) 7-1061, 7-1057, 7-1050, added 1994, ch. 207, sec. 2, p. 655; am. and redesig. 1997, ch. 198, sec. 36, p. 573; am. and redesig. 2006, ch. 252, sec. 61, p. 790; also new section 7-1057 added 2006, ch. 252, sec. 57, p. 789; am. and redesig. 2015, 1st E.S., ch. 1, sec. 62, p. 32.]
Idaho Code § 7-1303 — Idaho Code / Title 7 / Chapter 13 / Section 7-1303
7-1303 DEFINITIONS.
Status: in_force

7-1303. Definitions. Except where the context otherwise requires, the definitions in this section govern the construction of the judicial confirmation law. All other words should be given their ordinary and customary meaning.

(1) "Agreement" means any agreement or contract between a political subdivision and individuals, corporations, or any other political subdivision or public agency as authorized by section 67-2328, Idaho Code, relating to bonds or obligations of the political subdivision.

(2) "Bond" means any agreement, which may or may not be represented by a physical instrument, including notes, warrants, or certificates of indebtedness, that evidences an indebtedness of any political subdivision or a fund thereof, where the political subdivision agrees to pay a specified amount of money, with or without interest, at a designated time or times to either registered owners or bearers.

(3) "Executive officer" means the de jure or de facto governor of this state, mayor, chairman, president or other titular head or chief official of the political subdivision proceeding under this chapter, but "executive officer" does not include a city manager, county manager or other chief administrator of a political subdivision who is not its elected head.

(4) "Governing body" means:

(a) The state commission or state board responsible for the exercise of a power by the state or responsible for an instrument, act or project of the state to which court proceedings authorized by this chapter and initiated by the state pertain; and

(b) The city council, board of commissioners, board of trustees, board of directors, board of regents or other legislative body of a political subdivision under this chapter.

Governing body does not include the legislature of the state of Idaho if the political subdivision is the state or any corporation, instrumentality or other agency thereof.

(5) "Obligation" means an agreement that evidences an indebtedness of any political subdivision, other than a bond, and includes, but is not limited to, conditional sales contracts, lease obligations, and promissory notes.

(6) "Political subdivision" means the state of Idaho, or any corporation, instrumentality or other agency thereof, or any incorporated city, or any county, school district, water and/or sewer district, drainage district, special purpose district or other corporate district constituting a political subdivision of this state, any quasi-municipal corporation, housing authority, urban renewal authority, other type of authority, any college or university, or any other body corporate and politic of the state of Idaho, but excluding the federal government.

(7) "Security instrument" means any contract, deed or other security or other document of any kind, proposed, or executed or otherwise made as security for bonds or obligations issued by a political subdivision.

History:

[7-1303, added 1988, ch. 219, sec. 1, p. 415.]
Idaho Code § 7-1068 — Idaho Code / Title 7 / Chapter 10 / Section 7-1068
7-1068 FOREIGN SUPPORT AGREEMENT.
Status: in_force

7-1068. foreign support agreement. (1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

(2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

(a) A complete text of the foreign support agreement; and

(b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:

(a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

(b) The agreement was obtained by fraud or falsification;

(c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or

(d) The record submitted under subsection (2) of this section lacks authenticity or integrity.

(5) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

History:

[7-1068, added 2015, 1st E.S., ch. 1, sec. 56, p. 30.]
Idaho Code § 7-1044 — Idaho Code / Title 7 / Chapter 10 / Section 7-1044
7-1044 PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
Status: in_force

7-1044. Procedure to register order for enforcement. (1) Except as otherwise provided in section 7-1064, Idaho Code, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the district court in this state:

(a) A letter of transmittal to the tribunal requesting registration and enforcement;

(b) Two copies, including one certified copy, of the order to be registered, including any modification of the order;

(c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(d) The name of the obligor and, if known:

(i) The obligor's address and social security number;

(ii) The name and address of the obligor's employer and any other source of income of the obligor; and

(iii) A description and the location of property of the obligor in this state not exempt from execution; and

(e) Except as otherwise provided in section 7-1027, Idaho Code, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

(3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

(4) If two or more orders are in effect, the person requesting registration shall:

(a) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(b) Specify the order alleged to be the controlling order, if any; and

(c) Specify the amount of consolidated arrears, if any.

(5) A request for determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

History:

[(7-1044) 7-1041, 7-1036, added 1994, ch. 207, sec. 2, p. 651; am. and redesig. 1997, ch. 198, sec. 20, p. 567; am. and redesig. 2006, ch. 252, sec. 44, p. 783; am. 2015, 1st E.S., ch. 1, sec. 33, p. 20.]
Idaho Code § 7-701 — Idaho Code / Title 7 / Chapter 7 / Section 7-701
7-701 USES FOR WHICH AUTHORIZED.
Status: in_force

7-701. Uses for which authorized. Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:

1. Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature.

2. Public buildings and grounds for the use of any county, incorporated city or school district; canals, aqueducts, flumes, ditches or pipes for conducting water for use on state property or for the use of the inhabitants of any county or incorporated city, or for draining state property for any county or incorporated city, raising the banks of streams, removing obstructions therefrom and widening, deepening or straightening their channels, roads, streets, alleys, and all other public uses for the benefit of the state or of any county, incorporated city or the inhabitants thereof.

3. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, steam, electric and horse railroads, reservoirs, canals, ditches, flumes, aqueducts and pipes, for public transportation supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for storing and floating logs and lumber on streams not navigable.

4. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also, an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit or conduct of tailings or refuse matter from their several mines.

5. Byroads, leading from highways to residences and farms.

6. Telephones, telegraph and telephone lines.

7. Sewerage of any incorporated city.

8. Cemeteries for the burial of the dead, and enlarging and adding to the same and the grounds thereof.

9. Pipe lines for the transmission, delivery, furnishing or distribution of natural or manufactured gas for light, heat or power, or for the transportation of crude petroleum or petroleum products; also for tanks, reservoirs, storage, terminal and pumping facilities, telephone, telegraph and power lines necessarily incident to such pipe lines.

10. Snow fences or barriers for the protection of highways from drifting snow.

11. Electric distribution and transmission lines for the delivery, furnishing, distribution, and transmission of electric current for power, lighting, heating or other purposes; and structures, facilities and equipment for the production, generation, and manufacture of electric current for power, lighting, heating or other purposes.

History:

[(7-701) C.C.P. 1881, sec. 851; R.S., sec. 5210; am. 1903, p. 203, sec. 1; reen. R.C., & C.L., sec. 5210; C.S., sec. 7404; am. 1923, ch. 98, sec. 2, p. 122; am. 1931, ch. 39, sec. 1, p. 74; I.C.A., sec. 13-701; am. 1933, ch. 211, sec. 1, p. 443; am. 1951, ch. 58, sec. 1, p. 85; am. 1974, ch. 136, sec. 1, p. 1340.]
Idaho Code § 7-1414 — Idaho Code / Title 7 / Chapter 14 / Section 7-1414
7-1414 PROCEEDING TO REINSTATE THE SUSPENSION.
Status: in_force

7-1414. Proceeding to reinstate the suspension. (1) The obligee or department may file a motion with the court to lift the stay and reinstate the suspension of a license due to nonpayment of child support if the licensee does not maintain current support payments or fails to comply with the terms of a repayment agreement entered into by the licensee.

(2) A person entitled to visitation under an order of a court may file a motion to lift the stay and reinstate the suspension of a license if the licensee fails to comply with the order for visitation. The motion shall allege the manner in which the licensee failed to comply with the order for visitation, and request a hearing.

(3) Upon a motion to lift a stay of an order suspending a license, notice of a hearing shall be provided by personal service or by mail not less than fourteen (14) days prior to the hearing.

(4) The department may also commence administrative proceedings to lift a stay issued by the department, by serving notice alleging the failure to maintain current support payments or to comply with a repayment plan, and notice of a hearing not less than fourteen (14) days before the date of the hearing. Service of the notice by the department shall be by personal service or certified mail.

(5) If the licensee is found not to be maintaining current support payments or not to be in compliance with the terms of a repayment plan or order for visitation, the order suspending a license shall be reinstated and the licensing authority shall be promptly informed of the suspension. The licensing authority shall reinstate the suspension of the license effective the date the order becomes final.

History:

[7-1414 added 1996, ch. 429, sec. 1, p. 1461.]
Idaho Code § 7-404 — Idaho Code / Title 7 / Chapter 4 / Section 7-404
7-404 APPLICATION OF MANDAMUS PROCEDURE.
Status: in_force

7-404. Application of mandamus procedure. The provisions of the preceding sections from 7-305 to 7-314, both inclusive, apply to the proceedings for writ of prohibition.

History:

[(7-404) C.C.P. 1881, sec. 754; R.S., R.C., & C.L., sec. 4997; C.S., sec. 7270; I.C.A., sec. 13-404.]
Idaho Code § 7-1108 — Idaho Code / Title 7 / Chapter 11 / Section 7-1108
7-1108 DEATH OF MOTHER — PROCEEDINGS CONTINUE.
Status: in_force

7-1108. Death of mother — Proceedings continue. If, after the action is commenced, the mother dies or is judicially determined an incompetent, the proceeding does not abate but may be continued by her executor, administrator, guardian, or such other personal representative as may be appointed by any court of competent jurisdiction.

History:

[7-1108, added 1969, ch. 93, sec. 7, p. 318.]
Idaho Code § 7-914 — Idaho Code / Title 7 / Chapter 9 / Section 7-914
7-914 JUDGMENT OR DECREES OF AWARD.
Status: in_force

7-914. Judgment or decrees of award. Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.

History:

[I.C., sec. 7-914, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1035 — Idaho Code / Title 7 / Chapter 10 / Section 7-1035
7-1035 ESTABLISHMENT OF SUPPORT ORDER.
Status: in_force

7-1035. establishment of support order. (1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(a) The individual seeking the order resides outside this state; or

(b) The support enforcement agency seeking the order is located outside this state.

(2) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(a) A presumed father of the child;

(b) Petitioning to have his paternity adjudicated;

(c) Identified as the father of the child through genetic testing;

(d) An alleged father who has declined to submit to genetic testing;

(e) Shown by clear and convincing evidence to be the father of the child;

(f) An acknowledged father as provided by section 7-1106, Idaho Code;

(g) The mother of the child; or

(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 7-1020, Idaho Code.

History:

[(7-1035) 7-1032, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 35, p. 780; am. 2015, 1st E.S., ch. 1, sec. 27, p. 19.]
Idaho Code § 7-601 — Idaho Code / Title 7 / Chapter 6 / Section 7-601
7-601 CONTEMPTS DEFINED.
Status: in_force

7-601. Contempts defined. The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:

1. Disorderly, contemptuous or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceedings.

2. A breach of the peace, boisterous conduct, or violent disturbance tending to interrupt the due course of a trial or other judicial proceedings.

3. Misbehavior in office or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner or other person appointed or elected to perform a judicial or ministerial service.

4. Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding.

5. Disobedience of any lawful judgment, order or process of the court.

6. Assuming to be an officer, attorney, counsel of a court, and acting as such without authority.

7. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court.

8. Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from, the court where the action is on the calendar for trial.

9. Any other unlawful interference with the process or proceedings of a court.

10. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.

11. When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court.

12. Disobedience, by an inferior tribunal, magistrate or officer of the lawful judgment, order or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer.

13. Failure to provide notice required under chapter 16, title 7, Idaho Code.

History:

[(7-601) C.C.P. 1881, sec. 830; R.S., R.C., & C.L., sec. 5155; C.S., sec. 7383; I.C.A., sec. 13-601; am. 2023, ch. 228, sec. 2, p. 705.]
Idaho Code § 7-1063 — Idaho Code / Title 7 / Chapter 10 / Section 7-1063
7-1063 DIRECT REQUEST.
Status: in_force

7-1063. direct request. (1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 7-1064 through 7-1071, Idaho Code, apply.

(3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:

(a) A security, bond or deposit is not required to guarantee the payment of costs and expenses; and

(b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

(4) A petitioner filing a direct request is not entitled to assistance from the department of health and welfare.

(5) Sections 7-1059 through 7-1071, Idaho Code, do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

History:

[7-1063, added 2015, 1st E.S., ch. 1, sec. 51, p. 27.]
Idaho Code § 7-1020 — Idaho Code / Title 7 / Chapter 10 / Section 7-1020
7-1020 DUTIES AND POWERS OF RESPONDING TRIBUNAL.
Status: in_force

7-1020. Duties and powers of responding tribunal. (1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 7-1016(2), Idaho Code, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(2) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

(a) Establish or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage of a child;

(b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(c) Order income withholding;

(d) Determine the amount of any arrearages, and specify a method of payment;

(e) Enforce orders by civil or criminal contempt, or both;

(f) Set aside property for satisfaction of the support order;

(g) Place liens and order execution on the obligor's property;

(h) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(i) Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(j) Order the obligor to seek appropriate employment by specified methods;

(k) Award reasonable attorney's fees and other fees and costs; and

(l) Grant any other available remedy.

(3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

(5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(6) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

History:

[(7-1020) 7-1017, added 1994, ch. 207, sec. 2, p. 646; am. 1997, ch. 198, sec. 8, p. 562; am. and redesig. 2006, ch. 252, sec. 20, p. 774; am. 2015, 1st E.S., ch. 1, sec. 16, p. 14.]
Idaho Code § 7-1046 — Idaho Code / Title 7 / Chapter 10 / Section 7-1046
7-1046 CHOICE OF LAW.
Status: in_force

7-1046. Choice of law. (1) Except as otherwise provided in subsection (4) of this section, the law of the issuing state or foreign country governs:

(a) The nature, extent, amount, and duration of current payments under a registered support order;

(b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(c) The existence and satisfaction of other obligations under the support order.

(2) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.

(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

(4) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

History:

[(7-1046) 7-1043, 7-1038, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 22, p. 568; am. and redesig. 2006, ch. 252, sec. 46, p. 784; am. 2015, 1st E.S., ch. 1, sec. 35, p. 21.]
Idaho Code § 7-716 — Idaho Code / Title 7 / Chapter 7 / Section 7-716
7-716 FINAL ORDER OF CONDEMNATION.
Status: in_force

7-716. Final order of condemnation. When payments have been made and the bond given, if the plaintiff elects to give one, as required by the last two (2) sections, the court must make final order of condemnation, which must describe the property condemned and the purposes of such condemnation. A copy of the order must be filed in the office of the recorder of the county, and thereupon the property described therein shall vest in the plaintiff for the purposes therein specified.

History:

[(7-716) C.C.P. 1881, sec. 866; R.S., R.C., & C.L., sec. 5225; C.S., sec. 7419; I.C.A., sec. 13-716.]
Idaho Code § 7-1111 — Idaho Code / Title 7 / Chapter 11 / Section 7-1111
7-1111 COMMENCEMENT OF PROCEEDINGS.
Status: in_force

7-1111. Commencement of proceedings. (1) Proceedings are commenced by either the filing of a verified voluntary acknowledgment of parentage executed by both the mother and father of the child; or by the filing of a verified complaint, alleging that the person named as defendant is the father of the child and petitioning the court to issue a summons. The service of summons, the complaint, and all pleadings shall be in accordance with the Idaho rules of civil procedure.

(2) A voluntary acknowledgment of parentage may be executed by the mother, whether a minor or not, and the father, whether a minor or not, and regardless of the marital status of the mother or father. The acknowledgment shall be verified by both the mother and the father.

History:

[7-1111, added 1969, ch. 93, sec. 10, p. 318; am. 1988, ch. 132, sec. 3, p. 236.]
Idaho Code § 7-921 — Idaho Code / Title 7 / Chapter 9 / Section 7-921
7-921 UNIFORMITY OF INTERPRETATION.
Status: in_force

7-921. Uniformity of interpretation. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History:

[I.C., sec. 7-921, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1034 — Idaho Code / Title 7 / Chapter 10 / Section 7-1034
7-1034 RECEIPT AND DISBURSEMENT OF PAYMENTS.
Status: in_force

7-1034. Receipt and disbursement of payments. (1) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

(2) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:

(a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(b) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(3) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (2) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

History:

[(7-1034) 7-1031, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 34, p. 779; am. 2015, 1st E.S., ch. 1, sec. 26, p. 19.]
Idaho Code § 7-1201 — Idaho Code / Title 7 / Chapter 12 / Section 7-1201
7-1201 STATEMENT OF LEGISLATIVE FINDINGS.
Status: in_force

7-1201. Statement of legislative findings. The legislature of the state of Idaho finds that a significant number of people who are owed child support are not paid in accordance with the terms of their child support orders; that this causes a severe financial hardship upon custodial parents and constitutes a significant detriment to the rearing and support of minor children whom the orders intended to support. Further, P.L. 98-378 requires each state to implement statutorily prescribed procedures to improve the effectiveness of child support enforcement. Although the department of health and welfare does not have the authority to establish support orders administratively, the act as amended in 1988 enables the department to give full faith and credit to all legally enforceable support orders issued by other states. The collection remedies required by federal law are enacted in section 7-1203, Idaho Code.

History:

[7-1201, added 1985, ch. 159, sec. 1, p. 418; am. 1988, ch. 294, sec. 3, p. 935.]
Idaho Code § 7-720 — Idaho Code / Title 7 / Chapter 7 / Section 7-720
7-720 APPLICATION TO MUNICIPALITIES.
Status: in_force

7-720. Application to municipalities. Nothing in this code must be construed to abrogate or repeal any statute provided for the taking of property in any municipality for street purposes. Any municipality at its option may exercise the right of eminent domain under the provisions of this chapter for any of the uses and purposes mentioned in section 7-701, Idaho Code.

History:

[(7-720) C.C.P. 1881, sec. 870; R.S. &amp; R.C., sec. 5229; am. 1913, ch. 108, sec. 1, p. 429; compiled and reen. C.L., sec. 5229; C.S., sec. 7423; I.C.A., sec. 13-720; am. 2009, ch. 11, sec. 2, p. 14.]
Idaho Code § 7-1027 — Idaho Code / Title 7 / Chapter 10 / Section 7-1027
7-1027 NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
Status: in_force

7-1027. Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.

History:

[(7-1027) 7-1024, added 1994, ch. 207, sec. 2, p. 648; am. and redesig. 2006, ch. 252, sec. 27, p. 777.]
Idaho Code § 7-1019 — Idaho Code / Title 7 / Chapter 10 / Section 7-1019
7-1019 DUTIES OF INITIATING TRIBUNAL.
Status: in_force

7-1019. Duties of initiating tribunal. (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:

(a) To the responding tribunal or appropriate support enforcement agency in the responding state; or

(b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(2) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.

History:

[(7-1019) 7-1016, added 1994, ch. 207, sec. 2, p. 645; am. 1997, ch. 198, sec. 7, p. 562; am. and redesig. 2006, ch. 252, sec. 19, p. 773; am. 2015, 1st E.S., ch. 1, sec. 15, p. 14.]
Idaho Code § 7-1061 — Idaho Code / Title 7 / Chapter 10 / Section 7-1061
7-1061 RELATIONSHIP OF DEPARTMENT OF HEALTH AND WELFARE TO UNITED STATES CENTRAL AUTHORITY.
Status: in_force

7-1061. RELATIONSHIP OF department of health and welfare TO UNITED STATES CENTRAL AUTHORITY. The Idaho department of health and welfare is recognized as the agency designated by the United States central authority to perform specific functions under the convention.

History:

[7-1061, added 2015, 1st E.S., ch. 1, sec. 49, p. 26.]
Idaho Code § 7-1051 — Idaho Code / Title 7 / Chapter 10 / Section 7-1051
7-1051 PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION.
Status: in_force

7-1051. Procedure to register child-support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in sections 7-1043 through 7-1050, Idaho Code, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

History:

[(7-1051) 7-1048, 7-1043, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 27, p. 570; am. and redesig. 2006, ch. 252, sec. 51, p. 786; am. 2015, 1st E.S., ch. 1, sec. 40, p. 23.]
Idaho Code § 7-705 — Idaho Code / Title 7 / Chapter 7 / Section 7-705
7-705 SURVEY AND LOCATION OF LAND.
Status: in_force

7-705. Survey and location of land. In all cases where land is required for public use the state or its agents in charge of such use may survey and locate the same, but it must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of this chapter. The state or its agents in charge of such public use, may enter upon the land and make examinations, surveys and maps thereof, and such entry shall constitute no cause for action in favor of the owners of the land, except for injuries resulting from negligence, wantonness or malice.

History:

[(7-705) C.C.P. 1881, sec. 855; R.S., R.C., & C.L., sec. 5214; C.S., sec. 7408; I.C.A., sec. 13-705.]
Idaho Code § 7-903 — Idaho Code / Title 7 / Chapter 9 / Section 7-903
7-903 APPOINTMENT OF ARBITRATORS BY COURT.
Status: in_force

7-903. Appointment of arbitrators by court. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.

History:

[I.C., sec. 7-903, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-610 — Idaho Code / Title 7 / Chapter 6 / Section 7-610
7-610 JUDGMENT — PENALTY.
Status: in_force

7-610. Judgment — Penalty. Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding five thousand dollars ($5,000), or he may be imprisoned not exceeding five (5) days, or both; provided that a person who is guilty of contempt for neglecting to attend or serve as a juror when summoned to do so, or for failing to appear as a prospective juror when summoned by the jury commission under section 2-208(4), Idaho Code, shall be fined in an amount not exceeding five hundred dollars ($500), or may be imprisoned not exceeding five (5) days, or both; and except that if the contempt of which the defendant be adjudged guilty be a disobedience of a judgment or order for the support of minor children, he may be imprisoned not exceeding thirty (30) days in addition to such fine, under this section, as the court may impose. Additionally, the court in its discretion, may award attorney's fees and costs to the prevailing party.

History:

[(7-610) C.C.P. 1881, sec. 839; R.S., R.C., & C.L., sec. 5164; C.S., sec. 7392; I.C.A., sec. 13-610; am. 1967, ch. 132, sec. 2, p. 302; am. 1997, ch. 200, sec. 1, p. 576; am. 2013, ch. 207, sec. 2, p. 496.]
Idaho Code § 7-707 — Idaho Code / Title 7 / Chapter 7 / Section 7-707
7-707 COMPLAINT.
Status: in_force

7-707. Complaint. The complaint must contain:

1. The name of the corporation, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff.

2. The names of all owners and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants.

3. A statement of the right of the plaintiff.

4. If a right-of-way be sought, the complaint must show the location, general route and termini, and must be accompanied with maps thereof.

5. A description of each piece of land sought to be taken, and whether the same includes the whole, or only a part, of an entire parcel or tract. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of the parties.

6. An order of condemnation, or resolution, or other official and binding document entered by the plaintiff which sets forth and clearly identifies all property rights to be acquired including rights to and from the public way, and permanent and temporary easements known or reasonably identifiable to the condemning authority.

7. In all cases where the owner of the lands sought to be taken resides in the county in which said lands are situated, a statement that the plaintiff has sought, in good faith, to purchase the lands so sought to be taken, or settle with the owner for the damages which might result to his property from the taking thereof, and was unable to make any reasonable bargain therefor, or settlement of such damages; but in all other cases these facts need not be alleged in the complaint, or proved.

History:

[(7-707) C.C.P. 1881, sec. 857; R.S., sec. 5216; am. 1907, p. 322, sec. 1; reen. R.C. & C.L., sec. 5216; C.S., sec. 7410; I.C.A., sec. 13-707; am. 2006, ch. 450, sec. 1, p. 1339.]
Idaho Code § 7-1506 — Idaho Code / Title 7 / Chapter 15 / Section 7-1506
7-1506 EVALUATOR AUTHORITY — PROCEDURES RELATING TO SERVICE, FILING AND COMPUTATION OF TIME.
Status: in_force

7-1506. Evaluator authority — Procedures relating to service, filing and computation of time. (1) Solely for the purpose of an evaluation, an evaluator has the authority to:

(a) Decide procedural issues and deadlines relating to the conduct of the evaluation, including discovery disputes, arising before or during the evaluation process except issues relating to the qualification of the evaluator, which shall be decided by the trial court.

(b) Invite, with reasonable notice, the parties to submit preevaluation briefs;

(c) Examine any site or object relevant to the case;

(d) Administer oaths and affirmations to witnesses for the purposes of the evaluation;

(e) Rule on the admissibility of evidence;

(f) Determine the facts, decide the law, and issue a written evaluation decision; and

(g) Take such other acts as are necessary to accomplish the object of a fair, swift, and cost-effective determination of the case.

(2) An evaluator shall not decide motions to dismiss, motions to add or change parties in the case, or motions for summary judgment. Any such motion shall be presented to the trial court for determination.

(3) After the case is assigned to the evaluator, service shall be made consistent with rule 5 of the Idaho rules of civil procedure, except that documents used in the evaluation shall be filed with the evaluator instead of the court.

(4) Time shall be computed pursuant to the Idaho rules of civil procedure.

(5) Except for the authority expressly given to an evaluator by this chapter, all issues shall be determined by the court.

History:

[7-1506, added 2002, ch. 137, sec. 1, p. 384; am. 2003, ch. 29, sec. 4, p. 106.]
Idaho Code § 7-1070 — Idaho Code / Title 7 / Chapter 10 / Section 7-1070
7-1070 PERSONAL INFORMATION — LIMIT ON USE.
Status: in_force

7-1070. PERSONAL INFORMATION — LIMIT ON USE. Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.

History:

[7-1070, added 2015, 1st E.S., ch. 1, sec. 58, p. 30.]
Idaho Code § 7-805 — Idaho Code / Title 7 / Chapter 8 / Section 7-805
7-805 RESTRICTIONS ON NAME CHANGES FOR CONVICTED SEXUAL OFFENDERS — NOTIFICATION OF NAME CHANGES OF CONVICTED SEXUAL OFFENDERS.
Status: in_force

7-805. Restrictions on name changes for convicted sexual offenders — Notification of name changes of convicted sexual offenders. (1) No person shall apply for a change of name with the intent or purpose of avoiding registration as a convicted sexual offender pursuant to chapter 83, title 18, Idaho Code. No name change shall be granted to any person if the name change would have the effect of relieving the person of the duty to register as a convicted sexual offender under chapter 83, title 18, Idaho Code, or under the provisions of similar laws enacted by another state.

(2) The court granting a name change to any individual required to register as a convicted sexual offender pursuant to the provisions of chapter 83, title 18, Idaho Code, shall provide notice of the name change to the Idaho state police, central sexual offender registry. This notice shall include the offender's name prior to change, new name, social security number, date of birth and last known address.

History:

[7-805, added 1998, ch. 411, sec. 3, p. 1290; am. 2000, ch. 469, sec. 17, p. 1467.]
Idaho Code § 7-1609 — Idaho Code / Title 7 / Chapter 16 / Section 7-1609
7-1609 SEALED RECORD OF PROCEEDING.
Status: in_force

7-1609. sealed record of proceeding. On the motion of any party to a proceeding under this chapter, the district court shall order that the record of its proceedings under this chapter be sealed. When such order has been made and entered, the court shall seal the record, and thereafter the seal shall not be broken except on the motion of a party to the proceeding or of a person whose parentage was determined under this chapter. If the seal is broken, the record may again be sealed as provided in this section.

History:

[7-1609, added 2023, ch. 228, sec. 1, p. 704.]
Idaho Code § 7-1069 — Idaho Code / Title 7 / Chapter 10 / Section 7-1069
7-1069 MODIFICATION OF CONVENTION CHILD-SUPPORT ORDER.
Status: in_force

7-1069. MODIFICATION OF CONVENTION CHILD-SUPPORT ORDER. (1) A tribunal of this state may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(2) If a tribunal of this state does not modify a convention child-support order because the order is not recognized in this state, section 7-1066(3), Idaho Code, applies.

History:

[7-1069, added 2015, 1st E.S., ch. 1, sec. 57, p. 30.]
Idaho Code § 7-919 — Idaho Code / Title 7 / Chapter 9 / Section 7-919
7-919 APPEALS.
Status: in_force

7-919. Appeals. (a) An appeal may be taken from:

(1) An order denying an application to compel arbitration made under section 7-912, Idaho Code;

(2) An order granting an application to stay arbitration made under section 7-902(b), Idaho Code;

(3) An order confirming or denying confirmation of an award;

(4) An order modifying or correcting an award;

(5) An order vacating an award without directing a rehearing; or

(6) A judgment or decree entered pursuant to the provisions of this act.

(b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.

History:

[I.C., sec. 7-919, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1064 — Idaho Code / Title 7 / Chapter 10 / Section 7-1064
7-1064 REGISTRATION OF CONVENTION SUPPORT ORDER.
Status: in_force

7-1064. REGISTRATION OF CONVENTION SUPPORT ORDER. (1) Except as otherwise provided in sections 7-1059 through 7-1071, Idaho Code, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in sections 7-1043 through 7-1058, Idaho Code.

(2) Notwithstanding sections 7-1026 and 7-1044(1), Idaho Code, a request for registration of a convention support order must be accompanied by:

(a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague conference on private international law;

(b) A record stating that the support order is enforceable in the issuing country;

(c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(d) A record showing the amount of arrears, if any, and the date the amount was calculated;

(e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

(f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

(3) A request for registration of a convention support order may seek recognition and partial enforcement of the order.

(4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 7-1065, Idaho Code, only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

(5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.

History:

[7-1064, added 2015, 1st E.S., ch. 1, sec. 52, p. 27.]
Idaho Code § 7-1402 — Idaho Code / Title 7 / Chapter 14 / Section 7-1402
7-1402 DEFINITIONS.
Status: in_force

7-1402. Definitions. (1) "Child support order" means a legally enforceable obligation, issued by a court or administrative body, assessed against an individual for the support of a child, which shall include medical care, health insurance premiums for the child, child care expenses and any amount owing under an order for support during a period in which public assistance was expended.

(2) "Current support" means the amount owing for the present month pursuant to a child support order, excluding amounts ordered to satisfy a delinquency.

(3) "Delinquency" means, for purposes of this chapter, the amount of unpaid support that has accrued from the date a child support order is entered, excluding the present month, in an amount equal to or greater than the total support owing for at least ninety (90) days, or two thousand dollars ($2,000), whichever is less.

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

(5) "License" means a license, certificate, permit or other authorization that:

(a) Is issued by a licensing authority pursuant to any provision of Idaho Code;

(b) Is subject to suspension, withdrawal, revocation, forfeiture, termination, or an action equivalent to any of these, by the issuing licensing authority; and

(c) A person must obtain to practice or engage in any business, occupation or profession, operate a motor vehicle, carry a concealed weapon, or engage in any recreational activity, including hunting or fishing, for which a license or permit is required; and

(d) Does not constitute a property interest.

(6) "Licensee" means any person who possesses a valid license in active status or who has a legal right or privilege to activate or receive a license.

(7) "Licensing authority" means a department, commission, board, office, agency or other unit of the state or political subdivision that issues a license.

(8) "Obligee" means any person, state agency or local child support registry entitled by order to receive child support payments.

(9) "Obligor" means any person obligated by order to pay child support.

(10) "Visitation" means custodial period, custodial schedule, residential schedule, parenting, or parenting time.

History:

[7-1402 added 1996, ch. 429, sec. 1, p. 1457; am. 1998, ch. 250, sec. 1, p. 815.]
Idaho Code § 7-615 — Idaho Code / Title 7 / Chapter 6 / Section 7-615
7-615 EXCUSE FOR NONATTENDANCE — RESTRAINT OF PERSONAL LIBERTY.
Status: in_force

7-615. Excuse for nonattendance — Restraint of personal liberty. Whenever, by the provisions of this chapter, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.

History:

[(7-615) C.C.P. 1881, sec. 842; R.S., R.C., & C.L., sec. 5167; C.S., sec. 7395; I.C.A., sec. 13-613; am. & redesig. 1998, ch. 112, sec. 2, p. 417.]
Idaho Code § 7-701A — Idaho Code / Title 7 / Chapter 7 / Section 7-701A
7-701A LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES, URBAN RENEWAL OR ECONOMIC DEVELOPMENT PURPOSES.
Status: in_force

7-701A. Limitation on eminent domain for private parties, urban renewal or economic development purposes. (1) This section limits and restricts the use of eminent domain under the laws of this state or local ordinance by the state of Idaho, its instrumentalities, political subdivisions, public agencies, or bodies corporate and politic of the state to condemn any interest in property in order to convey the condemned interest to a private interest or person as provided in this section.

(2) Eminent domain shall not be used to acquire private property:

(a) For any alleged public use that is merely a pretext for the transfer of the condemned property or any interest in that property to a private party; or

(b) For the purpose of promoting or effectuating economic development; provided however, that nothing in this subsection shall affect the exercise of eminent domain:

(i) Pursuant to chapter 15, title 70, Idaho Code, and title 42, Idaho Code; or

(ii) Pursuant to chapter 19, 20 or 29, title 50, Idaho Code, except that no private property shall be taken through exercise of eminent domain within the area of operation of a housing authority or within an urban renewal area or within a deteriorated or deteriorating area or within a competitively disadvantaged border community area unless the specific property to be condemned is proven by clear and convincing evidence to be in such condition that it meets all of the following requirements:

1. The property, due to general dilapidation, compromised structural integrity, or failed mechanical systems, endangers life or endangers property by fire or by other perils that pose an actual identifiable threat to building occupants; and

2. The property contains specifically identifiable conditions that pose an actual risk to human health, transmission of disease, juvenile delinquency or criminal content; and

3. The property presents an actual risk of harm to the public health, safety, morals or general welfare; or

(iii) For those public and private uses for which eminent domain is expressly provided in the constitution of the state of Idaho; or

(c) For trails, paths, greenways or other ways for walking, running, hiking, bicycling or equestrian use, unless adjacent to a highway, road or street.

(3) Any board of commissioners for an urban renewal agency whose members are comprised entirely of officials elected pursuant to section 50-2006(b)(3) and (5), Idaho Code, may exercise the right of eminent domain. However, if a board of commissioners for an urban renewal agency includes one (1) or more commissioners who are appointed to the board of commissioners, that board may act only in an advisory capacity to the local governing body with regard to eminent domain decisions, and any final decision on the use of eminent domain shall be made by the local governing body that created the urban renewal agency.

(4) This section shall not affect the authority of a governmental entity to condemn a leasehold estate on property owned by the governmental entity.

(5) The rationale for condemnation by the governmental entity proposing to condemn property shall be freely reviewable in the course of judicial proceedings involving exercise of the power of eminent domain.

History:

[7-701A, added 2006, ch. 96, sec. 1, p. 270; am. 2015, ch. 122, sec. 1, p. 310; am. 2021, ch. 87, sec. 1, p. 291.]
Idaho Code § 7-1120 — Idaho Code / Title 7 / Chapter 11 / Section 7-1120
7-1120 ORDER OF FILIATION.
Status: in_force

7-1120. Order of filiation. If the court finds the defendant is the father of the child, it shall make an order of filiation, declaring paternity.

History:

[7-1120, added 1969, ch. 93, sec. 19, p. 318.]
Idaho Code § 7-907 — Idaho Code / Title 7 / Chapter 9 / Section 7-907
7-907 WITNESSES — SUBPOENAS — DEPOSITIONS.
Status: in_force

7-907. Witnesses — Subpoenas — Depositions. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.

(b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.

(c) All provisions of law compelling a person under subpoena to testify are applicable.

(d) Fees for attendance as a witness shall be the same as for a witness in the district court.

History:

[I.C., sec. 7-907, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1417 — Idaho Code / Title 7 / Chapter 14 / Section 7-1417
7-1417 FINAL ORDER OF SUSPENSION.
Status: in_force

7-1417. Final order of suspension. (1) A license suspension order issued by the court shall be final and conclusive between the parties unless an appeal is filed within twenty-eight (28) days.

(2) A license suspension order issued by a hearing officer of the department shall be final and conclusive between the parties unless an appeal to district court is filed within twenty-eight (28) days, notwithstanding the provisions of section 67-5243, Idaho Code.

History:

[7-1417 added 1996, ch. 429, sec. 1, p. 1462.]
Idaho Code § 7-1312 — Idaho Code / Title 7 / Chapter 13 / Section 7-1312
7-1312 SEVERABILITY.
Status: in_force

7-1312. Severability. If any provisions of this act or its application to any person, political subdivision, or circumstance is held invalid, the remainder of the act or the application of the provision to other persons, political subdivisions or circumstances is not affected.

History:

[7-1312, added 1988, ch. 219, sec. 1, p. 417.]
Idaho Code § 7-303 — Idaho Code / Title 7 / Chapter 3 / Section 7-303
7-303 ABSENCE OF ADEQUATE REMEDY.
Status: in_force

7-303. Absence of adequate remedy. The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit, on the application of the party beneficially interested.

History:

[(7-303) C.C.P. 1881, sec. 739; R.S., R.C., & C.L., sec. 4978; C.S., sec. 7255; I.C.A., sec. 13-303.]
Idaho Code § 7-1304 — Idaho Code / Title 7 / Chapter 13 / Section 7-1304
7-1304 PETITION FOR JUDICIAL EXAMINATION AND DETERMINATION OF VALIDITY OF BOND, OBLIGATION, AGREEMENT, OR SECURITY INSTRUMENT — FACTS — VERIFICATION — PUBLIC HEARING.
Status: in_force

7-1304. Petition for judicial examination and determination of validity of bond, obligation, agreement, or security instrument — Facts — Verification — Public hearing. (1) In its discretion the governing body of a political subdivision may file or cause to be filed a petition at any time in the judicial district court in and for the district in which the political subdivision is located wholly or in part, praying a judicial examination and determination of the validity of any bond or obligation or of any agreement or security instrument related thereto, of the political subdivision, whether or not such bond or obligation agreement has been validly exercised, or executed. The filing of the petition shall have been authorized by the governing body having adopted a resolution or ordinance authorizing such filing after conducting a public hearing as defined in subsection (3) of this section.

(2) Such petition shall make a clear statement of the legal authority for the proposed expenditure, shall set forth the facts on which the validity of such bond or obligation is founded and shall be verified by the executive officer of the political subdivision.

(3) Prior to the filing of the petition described in subsection (1) above, the governing body of a political subdivision shall hold a public hearing to consider whether it should adopt a resolution or ordinance authorizing the filing of the petition. Any person may make a request for notice of all meetings of the governing body of a political subdivision at which a public hearing will be held to consider a resolution or ordinance authorizing the filing of a petition described in subsection (1) of this section, by submitting to the governing body a written request for notice, which request shall be valid until December 31 of the year in which it was filed. The governing body of the political subdivision shall send a notice by certified mail to all persons who have requested notice, to the address provided in the request for notice, at least fourteen (14) days before the public hearing will be held, informing them of the time and place of the public hearing which will be held to consider the resolution or ordinance authorizing the filing of the petition. A petition or judgment approving a petition shall not be defective for failure to strictly comply with this notice provision if compliance with the notice requirement is substantial and in good faith. The public hearing shall be conducted at least fourteen (14) days prior to the adoption of the resolution or ordinance. At least fifteen (15) days prior to the date set for the public hearing, notice of the time, place and summary of the matter shall be published in the official newspaper, or papers of general circulation within the jurisdiction. The notice shall be in the form and content described in subsection (2) of section 7-1306, Idaho Code, but need be published only once.

History:

[7-1304, added 1988, ch. 219, sec. 1, p. 416; am. 1994, ch. 173, sec. 1, p. 399; am. 1996, ch. 235, sec. 2, p. 764.]
Idaho Code § 7-1065 — Idaho Code / Title 7 / Chapter 10 / Section 7-1065
7-1065 CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.
Status: in_force

7-1065. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER. (1) Except as otherwise provided in sections 7-1059 through 7-1071, Idaho Code, sections 7-1047 through 7-1050, Idaho Code, apply to a contest of a registered convention support order.

(2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.

(3) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (2) of this section, the order is enforceable.

(4) A contest of a registered convention support order may be based only on grounds set forth in section 7-1066, Idaho Code. The contesting party bears the burden of proof.

(5) In a contest of a registered convention support order, a tribunal of this state:

(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(b) May not review the merits of the order.

(6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.

(7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.

History:

[7-1065, added 2015, 1st E.S., ch. 1, sec. 53, p. 28.]
Idaho Code § 7-1072 — Idaho Code / Title 7 / Chapter 10 / Section 7-1072
7-1072 GROUNDS FOR RENDITION.
Status: in_force

7-1072. Grounds for rendition. (1) For purposes of sections 7-1072 and 7-1073, Idaho Code, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

(2) The governor of this state may:

(a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(b) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.

History:

[(7-1072) 7-1059, 7-1055, 7-1048, added 1994, ch. 207, sec. 2, p. 655; am. and redesig. 1997, ch. 198, sec. 34, p. 572; am. and redesig. 2006, ch. 252, sec. 59, p. 789; am. and redesig. 2015, 1st E.S., ch. 1, sec. 60, p. 31.]
Idaho Code § 7-1058 — Idaho Code / Title 7 / Chapter 10 / Section 7-1058
7-1058 PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION.
Status: in_force

7-1058. PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the convention may register that order in this state under sections 7-1043 through 7-1050, Idaho Code, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.

History:

[7-1058, added 2015, 1st E.S., ch. 1, sec. 46, p. 25.]
Idaho Code § 7-1309 — Idaho Code / Title 7 / Chapter 13 / Section 7-1309
7-1309 APPEAL OF JUDGMENT — TIME FOR APPLICATION.
Status: in_force

7-1309. Appeal of judgment — Time for application. Appeal of the judgment of the court may be had as in other civil cases, except that such appeal must be filed within forty-two (42) days after the time of the rendition of such judgment.

History:

[7-1309, added 1988, ch. 219, sec. 1, p. 417; am. 1989, ch. 114, sec. 1, p. 259.]
Idaho Code § 7-1306 — Idaho Code / Title 7 / Chapter 13 / Section 7-1306
7-1306 NOTICE OF FILING OF PETITION — CONTENTS — SERVICE BY PUBLICATION AND POSTING.
Status: in_force

7-1306. Notice of filing of petition — Contents — Service by publication and posting. (1) Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any instrument therein mentioned may be examined.

(2) The notice shall be served:

(a) By publication at least once a week for three (3) consecutive weeks by three (3) weekly insertions, in the official newspaper or papers of general circulation within the jurisdiction; the publication shall meet the following requirements: The notice shall be of a format and in such size and type that distinguishes it from legal notices. The notice shall be requested to run in the newspaper's main news section, far forward, and the rate to be paid for advertising placed under this section shall be no more than the current rate card posted by the newspaper for similar forms of advertising in volume and frequency to that which is ordered, in order to meet the requirements of this section; provided, the rates and type requirements provided in section 60-105, Idaho Code, for public agency advertisements shall not apply to advertisements published under the requirements of this section; and

(b) By posting the same in a prominent place at or near the main door of the administrative office of the political subdivision at least thirty (30) days prior to the date fixed in the notice for the hearing on the petition.

(3) Jurisdiction shall be complete after such publication and posting.

History:

[7-1306, added 1988, ch. 219, sec. 1, p. 416; am. 1994, ch. 173, sec. 2, p. 399.]
Idaho Code § 7-308 — Idaho Code / Title 7 / Chapter 3 / Section 7-308
7-308 OBJECTIONS TO ANSWER.
Status: in_force

7-308. Objections to answer. On the trial, the applicant is not precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.

History:

[(7-308) C.C.P. 1881, sec. 744; R.S., R.C., & C.L., sec. 4983; C.S., sec. 7260; I.C.A., sec. 13-308.]
Idaho Code § 7-611 — Idaho Code / Title 7 / Chapter 6 / Section 7-611
7-611 CONTEMPT CONSISTING IN OMISSION.
Status: in_force

7-611. Contempt consisting in omission. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he has performed it, and in that case the act must be specified in the warrant of commitment.

History:

[(7-611) C.C.P. 1881, sec. 840; R.S., R.C., & C.L., sec. 5165; C.S., sec. 7393; I.C.A., sec. 13-611.]
Idaho Code § 7-607 — Idaho Code / Title 7 / Chapter 6 / Section 7-607
7-607 MANNER OF PUTTING IN BAIL.
Status: in_force

7-607. Manner of putting in bail. When a direction to let the person arrested to bail is contained in the warrant of attachment, or endorsed thereon, he must be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two (2) sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon, or they will pay as may be directed the sum specified in the warrant.

History:

[(7-607) C.C.P. 1881, sec. 836; R.S., R.C., & C.L., sec. 5161; C.S., sec. 7389; I.C.A., sec. 13-607.]
Idaho Code § 7-910 — Idaho Code / Title 7 / Chapter 9 / Section 7-910
7-910 FEES AND EXPENSES OF ARBITRATION.
Status: in_force

7-910. Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.

History:

[I.C., sec. 7-910, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1009 — Idaho Code / Title 7 / Chapter 10 / Section 7-1009
7-1009 CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER.
Status: in_force

7-1009. Continuing, exclusive jurisdiction to modify child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:

(a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(b) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

(2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

(a) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one (1) of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(b) Its order is not the controlling order.

(3) If a tribunal of another state has issued a child support order pursuant to this chapter or a law substantially similar to this chapter that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

History:

[(7-1009) 7-1008, added 1994, ch. 207, sec. 2, p. 643; am. 1997, ch. 198, sec. 4, p. 559; am. and redesig. 2006, ch. 252, sec. 9, p. 768.]
Idaho Code § 7-1110 — Idaho Code / Title 7 / Chapter 11 / Section 7-1110
7-1110 PROCEEDINGS — BY WHOM BROUGHT.
Status: in_force

7-1110. Proceedings — By whom brought. Proceedings to establish the paternity of the child and to compel support under this act may be commenced by the mother, whether a minor or not, or by the child's guardian or other person standing in a paternal relation or being the next of kin of the child, or by the department of health and welfare on behalf of a child for whom services are being provided under Title IV-D of the social security act.

History:

[7-1110, added 1969, ch. 93, sec. 9, p. 318; am. 1978, ch. 151, sec. 1, p. 333; am. 1995, ch. 234, sec. 2, p. 792.]
Idaho Code § 7-709 — Idaho Code / Title 7 / Chapter 7 / Section 7-709
7-709 PERSONS ENTITLED TO DEFEND.
Status: in_force

7-709. Persons entitled to defend. All persons in occupation of, or having or claiming an interest in, any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend, each in respect to his own property or interest, or that claimed by him, in like manner as if named in the complaint.

History:

[(7-709) C.C.P. 1881, sec. 859; R.S., R.C., & C.L., sec. 5218; C.S., sec. 7412; I.C.A., sec. 13-709.]
Idaho Code § 7-1102 — Idaho Code / Title 7 / Chapter 11 / Section 7-1102
7-1102 JURISDICTION OF DISTRICT COURT.
Status: in_force

7-1102. Jurisdiction of district court. The district courts shall have exclusive original jurisdiction in proceedings to establish paternity and, in any such proceeding in which it makes a finding of paternity, to order support and determine custody, as set forth in this act.

History:

[7-1102, added 1969, ch. 93, sec. 1, p. 318.]
Idaho Code § 7-403 — Idaho Code / Title 7 / Chapter 4 / Section 7-403
7-403 ALTERNATIVE AND PEREMPTORY WRITS.
Status: in_force

7-403. Alternative and peremptory writs. The writs must be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein until the further order of the court from which it is issued, or to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained, etc., must be omitted and a return day inserted.

History:

[(7-403) C.C.P. 1881, sec. 753; R.S., R.C., & C.L., sec. 4996; C.S., sec. 7269; I.C.A., sec. 13-403; am. 1996, ch. 224, sec. 4, p. 736.]
Idaho Code § 7-1007 — Idaho Code / Title 7 / Chapter 10 / Section 7-1007
7-1007 INITIATING AND RESPONDING TRIBUNAL OF STATE.
Status: in_force

7-1007. Initiating and responding tribunal of state. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country.

History:

[(7-1007) 7-1006, added 1994, ch. 207, sec. 2, p. 642; am. and redesig. 2006, ch. 252, sec. 7, p. 768; am. 2015, 1st E.S., ch. 1, sec. 6, p. 11.]
Idaho Code § 7-1511 — Idaho Code / Title 7 / Chapter 15 / Section 7-1511
7-1511 SEVERABILITY.
Status: in_force

7-1511. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

History:

[7-1511, added 2002, ch. 137, sec. 1, p. 389.]