Idaho Code § 6-609 — Idaho Code / Title 6 / Chapter 6 / Section 6-609
6-609 UNDERTAKING REQUIRED OF INFORMER.
Status: in_force

6-609. Undertaking required of informer. When the action is brought upon the information or application of a private party, the prosecuting attorney may require such party to enter into an undertaking, with sureties to be approved by the said officer, conditioned that such party or the sureties will pay any judgment for costs or damages recovered against the plaintiff, and all the costs and expenses incurred in the prosecution of the action.

History:

[(6-609) C.C.P. 1881, sec. 542; R.S., R.C., & C.L., sec. 4619; C.S., sec. 7031; I.C.A., sec. 9-609.]
Idaho Code § 6-3807 — Idaho Code / Title 6 / Chapter 38 / Section 6-3807
6-3807 PRIVATE CIVIL ENFORCEMENT EXCLUSIVE.
Status: in_force

6-3807. PRIVATE CIVIL ENFORCEMENT EXCLUSIVE. (1) Notwithstanding any other provision of law to the contrary, the requirements of this chapter shall be enforced exclusively through the private civil actions described in section 6-3804, Idaho Code.

(2) No direct or indirect enforcement of this chapter may be taken or threatened by the state, a political subdivision, a district or county attorney, or any officer or employee of this state or a political subdivision against any person or entity by any means. No violation of this section may be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in this section.

(3) This section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation and that would remain prohibited by such other law or regulation in the absence of this chapter.

History:

[6-3807, added 2024, ch. 113, sec. 1, p. 491.]
Idaho Code § 6-904A — Idaho Code / Title 6 / Chapter 9 / Section 6-904A
6-904A EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Status: in_force

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

1. Arises out of the assessment or collection of any tax or fee.

2. Arises out of injury to a person or property by a person under supervision, custody or care of a governmental entity or by or to a person who is on probation, or parole, or who is being supervised as part of a court imposed drug court program, or any work-release program, or by or to a person receiving services from a mental health center, hospital or similar facility.

History:

[6-904A, added 1988, ch. 324, sec. 2, p. 984; am. 2004, ch. 227, sec. 1, p. 670.]
Idaho Code § 6-311D — Idaho Code / Title 6 / Chapter 3 / Section 6-311D
6-311D ADDITIONAL UNDERTAKING ON APPEAL.
Status: in_force

6-311D. Additional undertaking on appeal. If judgment is rendered against the defendant for the restitution of the real property described in the complaint, or any part thereof, no appeal shall be taken by the defendant from the judgment until he gives, in addition to the undertaking now required by law upon appeal, an undertaking to the adverse party, with two (2) sureties, who shall justify in like manner as bail upon arrest, for the payment to the plaintiff, if the judgment is affirmed on appeal, of the rental value of the real property of which restitution is adjudged from the commencement of the action in which the judgment was rendered until final judgment in the action.

History:

[I.C., sec. 6-311D, as added by 1974, ch. 308, sec. 8, p. 1803.]
Idaho Code § 6-1603 — Idaho Code / Title 6 / Chapter 16 / Section 6-1603
6-1603 LIMITATION ON NONECONOMIC DAMAGES.
Status: in_force

6-1603. Limitation on noneconomic damages. (1) In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000); provided, however, that beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or decrease by which the Idaho industrial commission adjusts the average annual wage as computed pursuant to section 72-409(2), Idaho Code.

(2) The limitation contained in this section applies to the sum of: (a) noneconomic damages sustained by a claimant who incurred personal injury or who is asserting a wrongful death; (b) noneconomic damages sustained by a claimant, regardless of the number of persons responsible for the damages or the number of actions filed.

(3) If a case is tried to a jury, the jury shall not be informed of the limitation contained in subsection (1) of this section.

(4) The limitation of awards of noneconomic damages shall not apply to:

(a) Causes of action arising out of willful or reckless misconduct.

(b) Causes of action arising out of an act or acts which the trier of fact finds beyond a reasonable doubt would constitute a felony under state or federal law.

History:

[6-1603, added 1987, ch. 278, sec. 1, p. 575; am. 2003, ch. 122, sec. 2, p. 371.]
Idaho Code § 6-410 — Idaho Code / Title 6 / Chapter 4 / Section 6-410
6-410 MINING CUSTOMS ADMISSIBLE IN EVIDENCE.
Status: in_force

6-410. Mining customs admissible in evidence. In actions respecting mining claims, proof must be admitted of the customs, usages or regulations established and in force at the bar or diggings embracing such claim, and such customs, usages or regulations, when not in conflict with the laws of this state, must govern the decision of the action.

History:

[(6-410) C.C.P. 1881, sec. 486; R.S., R.C., & C.L., sec. 4547; C.S., sec. 6970; I.C.A., sec. 9-410.]
Idaho Code § 6-1704 — Idaho Code / Title 6 / Chapter 17 / Section 6-1704
6-1704 STATUTE OF LIMITATIONS.
Status: in_force

6-1704. Statute of limitations. (1) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within five (5) years from the date that an aggrieved child reaches the age of eighteen (18) years or, after the child reaches the age of eighteen (18) years, within five (5) years of the time the child discovers or reasonably should have discovered the act, abuse or exploitation and its causal relationship to an injury or condition suffered by the child, whichever occurs later.

(2) The child need not establish which act in a series of continuing acts, abuse or exploitation caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan.

(3) The knowledge of a custodial parent or guardian shall not be imputed to a child under the age of eighteen (18) years.

History:

[6-1704, added 1989, ch. 47, sec. 1, p. 61; am. 2007, ch. 125, sec. 2, p. 375.]
Idaho Code § 6-2205 — Idaho Code / Title 6 / Chapter 22 / Section 6-2205
6-2205 RIGHT OF ACTION — STANDING TO SUE.
Status: in_force

6-2205. Right of action — Standing to sue. (1) Patron suits against local school districts. Any person who is a schoolchild, the parent or guardian of a schoolchild, or the parent or guardian of a child who will enter public school in the next two (2) years has standing to sue and may bring suit against the local school district in which the schoolchild or potential schoolchild resides on the ground that the local school district is not providing constitutionally required educational services. These complaints may be known as patron complaints, and the persons who are plaintiffs may be known as patrons. The patron complaint must list with specificity the manner in which the patrons contend that the local school district is not providing constitutionally required educational services. No other person, except the state as parens patriae, has standing to bring suit against a school district on the ground that the school district is not providing constitutionally required educational services.

(2) Parens patriae suit against districts. The state of Idaho, through the legislature or through the superintendent of public instruction, may bring suit against a school district on the ground that the school district is not providing constitutionally required educational services.

(3) Patron suits against the state. No person other than a patron authorized to bring suit against a school district under subsection (1) of this section has standing to bring suit against the state, the legislature, or any of the state's officers or agencies on the ground that the state has not established and maintained a general, uniform and thorough system of public, free common schools. No patron with standing to bring suit against a school district may bring suit against the state, the legislature, or any of the state's officers or agencies on the ground that the state has not established and maintained a general, uniform and thorough system of public, free common schools unless the patron has first brought suit against its local school district pursuant to subsection (1) of this section and the district court has later authorized the patron to add the state as a defendant as authorized by this section. Any patron suit against the state, the legislature, or any of the state's officers or agencies not authorized by the district court pursuant to this section shall be dismissed.

(4) No other suits recognized. School districts are agents of the state for purposes of providing a general, uniform and thorough system of public, free common schools, and they have no standing to bring suit against the state for failure to establish and maintain a general, uniform and thorough system of public, free common schools. Any suit brought by a school district against the state, the legislature, or any of the state's officers or agents contending that the state has not established a general, uniform and thorough system of public, free common schools shall be dismissed. There shall be no right of action by any person contending that there is not a general, thorough and uniform system of free common schools in this state except those authorized in subsections (1), (2) and (3) of this section naming with specificity the local school districts in which the plaintiffs live and with specificity the manner in which they contend that the public schools in that district are not providing constitutionally required educational services. Any other suit contending that there is not a general, thorough and uniform system of free, common schools shall be dismissed.

History:

[6-2205, added 1996, ch. 258, sec. 1, p. 846.]
Idaho Code § 6-1003 — Idaho Code / Title 6 / Chapter 10 / Section 6-1003
6-1003 INFORMAL PROCEEDINGS.
Status: in_force

6-1003. Informal proceedings. There shall be no record of such proceedings and all evidence, documents and exhibits shall, at the close thereof, be returned to the parties or witnesses from whom the same were secured. The hearing panel shall have the authority to issue subpoenas and to administer oaths; provided, the parties requesting the presentation of such proof shall provide the funds required to tender witness fees and mileage as provided in proceedings in district courts. Except upon special order of the panel, and for good cause shown demonstrating extraordinary circumstances, there shall be no discovery or perpetuation of testimony in said proceedings.

History:

[6-1003, added 1976, ch. 278, sec. 4, p. 954.]
Idaho Code § 6-2109 — Idaho Code / Title 6 / Chapter 21 / Section 6-2109
6-2109 NOTICE OF EMPLOYEE PROTECTION.
Status: in_force

6-2109. Notice of employee protection. An employer shall use appropriate means to notify its employees of their protection and obligation under this chapter.

History:

[6-2109, added 1994, ch. 100, sec. 1, p. 229.]
Idaho Code § 6-527 — Idaho Code / Title 6 / Chapter 5 / Section 6-527
6-527 COMPENSATION OF TENANTS FOR LIFE OR YEARS.
Status: in_force

6-527. Compensation of tenants for life or years. The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in writing filed with the clerk of the court. Upon the filing of such consent the clerk must enter the same in the minutes of the court.

History:

[(6-527) C.C.P. 1881, sec. 513; R.S., R.C., & C.L., sec. 4586; C.S., sec. 7002; I.C.A., sec. 9-527.]
Idaho Code § 6-541 — Idaho Code / Title 6 / Chapter 5 / Section 6-541
6-541 UNEQUAL PARTITION — COMPENSATION.
Status: in_force

6-541. Unequal partition — Compensation. When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by one party to another on account of the inequality; but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose, and that his interest will be promoted thereby. And in all cases the court has power to make compensatory adjustment between the respective parties according to the ordinary principles of equity.

History:

[(6-541) C.C.P. 1881, sec. 527; R.S., R.C., & C.L., sec. 4600; C.S., sec. 7016; I.C.A., sec. 9-541.]
Idaho Code § 6-3302 — Idaho Code / Title 6 / Chapter 33 / Section 6-3302
6-3302 DEFINITIONS.
Status: in_force

6-3302. Definitions. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section.

(1) "Aerial passenger tramway" means any device operated by a mountain operator used to transport passengers by single or double reversible tramway; chairlift or gondola lift; T-bar lift, J-bar lift, platter lift, or similar device; a fiber rope or wire rope tow, or a conveyor that is subject to regulations adopted by the proper authority.

(2) "Bicyclist" means any person present at a mountain area under the control of a mountain operator for the purpose of engaging in activities, including but not limited to bicycling downhill or uphill, jumping on a bicycle or any other cycling device, or who is using any mountain area. "Bicyclist" does not include a person using an aerial passenger tramway.

(3) "Mountain area" means the property owned, leased, or authorized under a special use permit and under the control of the mountain operator within the state of Idaho.

(4) "Mountain operator" means any person, partnership, corporation, or other commercial entity, and its agents, officers, employees, or representatives, who has operational responsibility for nonwinter activities at any mountain area and the use of an aerial passenger tramway during spring, summer, and fall.

(5) "Passenger" means any person who is lawfully using an aerial passenger tramway or is waiting to embark or has recently disembarked from an aerial passenger tramway and is in its immediate vicinity.

History:

[6-3302, added 2020, ch. 329, sec. 1, p. 949.]
Idaho Code § 6-3001 — Idaho Code / Title 6 / Chapter 30 / Section 6-3001
6-3001 SHORT TITLE.
Status: in_force

6-3001. short title. This act shall be known as the "Idaho Agritourism Promotion Act."

History:

[6-3001, added 2013, ch. 177, sec. 1, p. 412.]
Idaho Code § 6-523 — Idaho Code / Title 6 / Chapter 5 / Section 6-523
6-523 PAYMENT INTO COURT — CONTINUANCE OF ACTION.
Status: in_force

6-523. Payment into court — Continuance of action. When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken in court or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings as in an original action.

History:

[(6-523) C.C.P. 1881, sec. 509; R.S., R.C., & C.L., sec. 4582; C.S., sec. 6998; I.C.A., sec. 9-523.]
Idaho Code § 6-517 — Idaho Code / Title 6 / Chapter 5 / Section 6-517
6-517 ALLOWANCE OF EXPENSES OF REFEREES.
Status: in_force

6-517. Allowance of expenses of referees. The expenses of the referees, including those of a surveyor and his assistants when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must be apportioned among the different parties to the action equitably.

History:

[(6-517) C.C.P. 1881, sec. 503; R.S., R.C., & C.L., sec. 4576; C.S., sec. 6992; I.C.A., sec. 9-517.]
Idaho Code § 6-608 — Idaho Code / Title 6 / Chapter 6 / Section 6-608
6-608 JUDGMENT OF OUSTER — FINE.
Status: in_force

6-608. Judgment of ouster — Fine. When a defendant against whom such action has been brought is adjudged guilty of usurping or intruding into or unlawfully holding any office, franchise or privilege, judgment must be rendered that such defendant be excluded from the office, franchise or privilege, and that he pay the costs of the action. The court may also, in its discretion, in actions to which the people of the state are a party, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, must be paid into the treasury of the state.

History:

[(6-608) C.C.P. 1881, sec. 541; R.S., R.C., & C.L., sec. 4618; C.S., sec. 7030; I.C.A., sec. 9-608.]
Idaho Code § 6-528 — Idaho Code / Title 6 / Chapter 5 / Section 6-528
6-528 CONSENT NOT GIVEN — COMPENSATION FIXED BY COURT.
Status: in_force

6-528. Consent not given — Compensation fixed by court. If such consent be not given, filed and entered as provided in the last section, at or before a judgment of sale is rendered, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of such estate, and must order the same to be paid to such party, or deposited in court for him, as the case may require.

History:

[(6-528) C.C.P. 1881, sec. 514; R.S., R.C., & C.L., sec. 4587; C.S., sec. 7003; I.C.A., sec. 9-528.]
Idaho Code § 6-401 — Idaho Code / Title 6 / Chapter 4 / Section 6-401
6-401 ACTIONS TO QUIET TITLE.
Status: in_force

6-401. Actions to quiet title. An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining such adverse claim, provided that all actions to adjudicate water rights and obtain a decree as to water source, quantity, point of diversion, place of use, nature of use, period of use, and priority as against other water users shall be brought under the provisions of chapter 14, title 42, Idaho Code.

History:

[(6-401) C.C.P. 1881, sec. 476; R.S., R.C., & C.L., sec. 4538; C.S., sec. 6961; I.C.A., sec. 9-401; am. 1937, ch. 22, sec. 1, p. 32; am. 1981, ch. 265, sec. 1, p. 561.]
Idaho Code § 6-903 — Idaho Code / Title 6 / Chapter 9 / Section 6-903
6-903 LIABILITY OF GOVERNMENTAL ENTITIES — DEFENSE OF EMPLOYEES.
Status: in_force

6-903. Liability of governmental entities — Defense of employees. (1) Except as otherwise provided in this act, every governmental entity is subject to liability for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acting within the course and scope of their employment or duties, whether arising out of a governmental or proprietary function, where the governmental entity if a private person or entity would be liable for money damages under the laws of the state of Idaho, provided that the governmental entity is subject to liability only for the pro rata share of the total damages awarded in favor of a claimant which is attributable to the negligent or otherwise wrongful acts or omissions of the governmental entity or its employees. When the claim for damages arises from construction, operation or maintenance of an impoundment, canal, lateral, drain or associated facilities that are under the supervision or control of the operating agency of irrigation districts whose board consists of directors of its member districts, then such board and its member districts shall be considered a single governmental unit and the claim may be brought and pursued only against the operating unit.

(2) (i) A governmental entity shall provide a defense to its employee, including a defense and indemnification against any claims brought against the employee in the employee's individual capacity when the claims are related to the course and scope of employment, and be responsible for the payment of any judgment on any claim or civil lawsuit against an employee for money damages arising out of any act or omission within the course and scope of his employment; provided that the governmental entity and its employee shall be subject to liability only for the pro rata share of the total damages awarded in favor of a claimant which is attributable to the act or omission of the employee; (ii) provided further, that to the extent there is valid and collectible, applicable insurance or any other right to defense or indemnification legally available to and for the protection of an employee, while operating or using an automobile, aircraft or other vehicle not owned or leased by the governmental entity and while acting within the course and scope of his/her employment or duties, the governmental entity's duty hereunder to indemnify the employee and/or defend any such claim or lawsuit arising out of the operation or use of such personal automobile, aircraft or vehicle, shall be secondary to the obligation of the insurer or indemnitor of such automobile, aircraft or vehicle, whose obligation shall be primary; and (iii) provided further, this subsection shall not be construed to alter or relieve any such indemnitor or insurer of any legal obligation to such employee or to any governmental entity vicariously liable on account of or legally responsible for damages due to the allegedly wrongful error, omissions, conduct, act or deed of such employee.

(3) The defense of its employee by the governmental entity shall be undertaken whether the claim and civil lawsuit is brought in Idaho district court under Idaho law or is brought in a United States court under federal law. The governmental entity may refuse a defense or disavow and refuse to pay any judgment for its employee if it is determined that the act or omission of the employee was not within the course and scope of his employment or included malice or criminal intent.

(4) A governmental entity shall not be entitled to contribution or indemnification or reimbursement for legal fees and expenses from its employee unless a court shall find that the act or omission of the employee was outside the course and scope of his employment or included malice or criminal intent. Any action by a governmental entity against its employee and any action by an employee against the governmental entity for contribution, indemnification or necessary legal fees and expenses shall be tried to the court in the same civil lawsuit brought on the claim against the governmental entity or its employee.

(5) For the purposes of this act and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment and without malice or criminal intent.

(6) Nothing in this act shall enlarge or otherwise adversely affect the liability of an employee or a governmental entity. Any immunity or other bar to a civil lawsuit under Idaho or federal law shall remain in effect. The fact that a governmental entity may relieve an employee from all necessary legal fees and expenses and any judgment arising from the civil lawsuit shall not under any circumstances be communicated to the trier of fact in the civil lawsuit.

(7) When a claim asserted against an employee in the employee's individual capacity is dismissed by the court, the dismissed party shall have the right to a hearing pursuant to the provisions of section 12-123, Idaho Code.

History:

[6-903, added 1976, ch. 309, sec. 4, p. 1064; am. 1978, ch. 272, sec. 2, p. 630; am. 1980, ch. 218, sec. 1, p. 490; am. 1984, ch. 140, sec. 1, p. 329; am. 2005, ch. 260, sec. 2, p. 804; am. 2011, ch. 197, sec. 1, p. 578.]
Idaho Code § 6-501 — Idaho Code / Title 6 / Chapter 5 / Section 6-501
6-501 WHEN PARTITION MAY BE HAD.
Status: in_force

6-501. When partition may be had. When several cotenants hold and are in possession of real property as parceners, joint tenants or tenants in common, in which one (1) or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one (1) or more of such persons for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property, or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners.

History:

[(6-501) C.C.P. 1881, sec. 487; R.S., R.C., & C.L., sec. 4560; C.S., sec. 6976; I.C.A., sec. 9-501.]
Idaho Code § 6-316 — Idaho Code / Title 6 / Chapter 3 / Section 6-316
6-316 JUDGMENT — RESTITUTION.
Status: in_force

6-316. Judgment — Restitution. (1) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceeding be for an unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent or based upon a finding that a landlord had reasonable grounds to believe that a person is, or has been, engaged in the unlawful distribution, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, the judgment shall also declare the forfeiture of such lease or agreement. The jury, or the court, if the proceeding be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent or, after default, based upon a finding that a landlord had reasonable grounds to believe that a person is, or has been, engaged in the unlawful distribution, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, and the judgment shall be rendered against the defendant guilty of the forcible entry, or forcible or unlawful detainer, for the amount of the damages thus assessed, and of the rent found due. When the proceeding is for an unlawful detainer after default in payment of rent where the tract of land is larger than five (5) acres, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of five (5) days after the entry of the judgment, within which time the tenant, or any subtenant, or any mortgagee of the term, or other party interested in its continuance, may pay into court, for the landlord, the amount found due as rent, with interest thereon, and the amount of the damages found by the jury or the court for the unlawful detainer, and the costs of the proceeding, and thereupon the judgment shall be satisfied and the tenant be restored to his estate; but if payment as here provided be not made within the five (5) days, the judgment may be enforced for its full amount, and for the possession of the premises. In all other cases the judgment may be enforced immediately.

(2) If, upon the trial, the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the landlord and for the possession of the premises, a residential tenant shall have seventy-two (72) hours to remove his belongings from the premises, and a commercial tenant or a tenant with a tract of land five (5) acres or more shall have seven (7) days to remove his belongings from the premises; provided however, that upon a finding of good cause shown, a court may grant a commercial tenant longer than seven (7) days to remove his belongings. The landlord or his agents may deliver a writ of restitution or provide the sheriff with a copy of the writ of restitution and request that the sheriff deliver the writ. If requested by the landlord or his agents, the sheriff shall deliver a writ of restitution in a form as provided in section 6-311C, Idaho Code. After the time required for a tenant to remove his belongings under this subsection and three (3) days after the finding of the court, the sheriff shall restore possession of the premises to the plaintiff by causing immediate removal of the tenant, and the landlord or his agents may, subject to any security interests under chapter 9, title 28, Idaho Code, remove and dispose of all remaining property of the tenant, including any motor vehicle that may be removed pursuant to section 49-1806, Idaho Code, that remains on or about the premises without any further compensation or consideration to the tenant. Upon a finding of good cause shown, the court may award to the landlord reasonable costs and expenses not otherwise provided for in this chapter for the removal of property pursuant to this subsection and for restoration of the premises.

History:

[(6-316) C.C.P. 1881, sec. 811; R.S., R.C., & C.L., sec. 5106; C.S., sec. 7335; I.C.A., sec. 9-316; am. 1974, ch. 308, sec. 10, p. 1803; am. 1977, ch. 45, sec. 1, p. 80; am. 2001, ch. 203, sec. 6, p. 694; am. 2020, ch. 340, sec. 3, p. 997.]
Idaho Code § 6-918 — Idaho Code / Title 6 / Chapter 9 / Section 6-918
6-918 NO PUNITIVE DAMAGES.
Status: in_force

6-918. No punitive damages. Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act.

History:

[6-918, added 1971, ch. 150, sec. 18, p. 743; am. 1976, ch. 309, sec. 13, p. 1067.]
Idaho Code § 6-320 — Idaho Code / Title 6 / Chapter 3 / Section 6-320
6-320 ACTION FOR DAMAGES AND SPECIFIC PERFORMANCE BY TENANT.
Status: in_force

6-320. Action for damages and specific performance by tenant. (a) A tenant may file an action against a landlord for damages and specific performance for:

(1) Failure to provide reasonable waterproofing and weather protection of the premises;

(2) Failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord;

(3) Maintaining the premises in a manner hazardous to the health or safety of the tenant;

(4) Failure to return a security deposit as and when required by law;

(5) Breach of any term or provision of the lease or rental agreement materially affecting the health and safety of the tenant, whether explicitly or implicitly a part thereof; and

(6) Failure to install approved smoke detectors in each dwelling unit, to include mobile homes, under the landlord's control. Upon commencement of a rental agreement, the landlord shall verify that smoke detectors have been installed and are in good working order in the dwelling unit. The tenant shall maintain the smoke detectors in good working order during the tenant's rental period. For purposes of this section, an approved smoke detector is a battery-operated device that is capable of detecting visible or invisible particles of combustion and that bears a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly. If the landlord or the landlord's assignee fails to install working smoke detectors, the tenant may send written notice by certified mail, return receipt requested, to the landlord or the landlord's assignee that if working smoke detectors are not installed within seventy-two (72) hours of receipt of the letter, the tenant may install smoke detectors and deduct the cost from the tenant's next month's rent. Smoke detectors purchased by the tenant and deducted from rent become the property of the landlord and shall not be removed from the premises.

Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that in an action exclusively for specific performance, at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. If the plaintiff brings an action for damages under this section, or combines his action for damages with an action for specific performance, the early trial provision of this section shall not be applicable, and a summons must be issued returnable as in other cases upon filing the complaint.

(b) In an action under this section, plaintiff, in his complaint, must set forth the facts on which he seeks to recover, describe the premises, and set forth any circumstances which may have accompanied the failure or breach by the landlord.

(c) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff against the defendant, judgment shall be entered for the amount of the damages assessed. Judgment may also be entered requiring specific performance for any breach of agreement showing by the evidence, and for costs and disbursements.

(d) Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, the tenant may proceed to commence an action for damages and specific performance.

(e) The provisions of this section shall not apply to tracts of land of five (5) acres or more used for agricultural purposes.

History:

[6-320, added 1977, ch. 45, sec. 4, p. 81; am. 1994, ch. 418, sec. 1, p. 1308.]
Idaho Code § 6-2102 — Idaho Code / Title 6 / Chapter 21 / Section 6-2102
6-2102 SHORT TITLE.
Status: in_force

6-2102. Short title. This act is known as the "Idaho Protection of Public Employees Act."

History:

[6-2102, added 1994, ch. 100, sec. 1, p. 227.]
Idaho Code § 6-2216 — Idaho Code / Title 6 / Chapter 22 / Section 6-2216
6-2216 SEVERABILITY.
Status: in_force

6-2216. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

History:

[6-2216, added 1996, ch. 258, sec. 1, p. 854.]
Idaho Code § 6-311C — Idaho Code / Title 6 / Chapter 3 / Section 6-311C
6-311C FORM OF EXECUTION.
Status: in_force

6-311C. Form of execution. The execution, should judgment of restitution be rendered, may be in the following form:

STATE OF IDAHO )

ss.

County of…. )

TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY:

WHEREAS, a certain action for the possession of the following described premises, to-wit:

.

.

lately tried before the above entitled court, wherein…. was plaintiff and…. was defendant, judgment was rendered on the…. day of…., A.D.,…., that the plaintiff…. have restitution of the premises, and also that he recover the costs and disbursements in the sum of $….;

In the name of the State of Idaho, you are, therefore, hereby commanded to cause the defendant to be forthwith removed from the premises and the plaintiff is to have restitution of the same. In the event the goods and chattels are not promptly removed thereafter by the defendant, the plaintiff is authorized to remove the same pursuant to Section 6-316(2), Idaho Code. Upon returning premises to the plaintiff, the sheriff will make legal service and due return of this writ.

WITNESS My hand and official seal (if issued out of a court of record) this…. day of…., A.D.,…..

History:

[6-311C, added 1974, ch. 308, sec. 7, p. 1803; am. 2020, ch. 340, sec. 2, p. 996.]
Idaho Code § 6-317 — Idaho Code / Title 6 / Chapter 3 / Section 6-317
6-317 TREBLE DAMAGES.
Status: in_force

6-317. Treble damages. If a landlord or a tenant recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or other tract of land, or for an action brought pursuant to section 6-320, Idaho Code, or for an action brought against a tenant or in bad faith pursuant to section 6-310(3), Idaho Code, judgment may be entered for three (3) times the amount at which the actual damages are assessed.

History:

[(6-317) C.C.P. 1881, sec. 475; R.S., R.C., & C.L., sec. 4533; C.S., sec. 6960; I.C.A., sec. 9-317; am. 1977, ch. 45, sec. 2, p. 81; am. 2017, ch. 276, sec. 4, p. 726.]
Idaho Code § 6-2504 — Idaho Code / Title 6 / Chapter 25 / Section 6-2504
6-2504 LIMITATION ON DAMAGES.
Status: in_force

6-2504. Limitation on damages. (1) In a suit subject to section 6-2503, Idaho Code, the claimant may recover only the following damages proximately caused by a construction defect:

(a) The reasonable cost of repairs necessary to cure any construction defect, including any reasonable and necessary engineering or consulting fees required to evaluate and cure the construction defect, that the contractor is responsible for repairing under this chapter;

(b) The reasonable expenses of temporary housing reasonably necessary during the repair period;

(c) The reduction in market value, if any, to the extent that the reduction is due to structural failure; and

(d) Reasonable and necessary attorney's fees.

(2) If a construction professional fails to make a reasonable offer as required under section 6-2503, Idaho Code, or fails to make a reasonable attempt to complete the repairs specified in an accepted offer, or fails to complete, in a good and workmanlike manner, the repairs specified in an accepted offer, the limitations on damages and defenses to liability provided for in this section shall not apply.

(3) If a claimant denies a request to inspect as provided for in section 6-2503, Idaho Code, unreasonably rejects an offer to remedy the construction defect or does not permit the construction professional a reasonable opportunity to repair the defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of:

(a) The reasonable cost of the offered repairs which are necessary to cure the construction defect and which are the responsibility of the construction professional; or

(b) The amount of a reasonable monetary settlement offer made under section 6-2503, Idaho Code; and

(c) The amount of reasonable and necessary attorney's fees and costs incurred before the offer was rejected or considered rejected.

(4) The total damages awarded in a suit subject to this chapter may not exceed the greater of the claimant's purchase price for the residence or the current fair market value of the residence without the construction defect.

(5) A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss or liability if the builder can demonstrate any of the following affirmative defenses in response to the claimed construction defect action:

(a) An unforeseen act of nature caused the structure not to meet the standard. For purposes of this section, an "unforeseen act of nature" means a weather condition, earthquake or man-made event such as war, terrorism or vandalism, in excess of the design criteria expressed by the applicable building codes, regulations and ordinances in effect at the time of original construction.

(b) The homeowner unreasonably failed to minimize or prevent those damages in a timely manner. Such failure includes the failure of the homeowner to allow reasonable and timely access for inspections and repairs under this chapter or to give timely notice to the builder after discovery of a construction defect, but does not include damages due to the untimely or inadequate response of a builder to the homeowner's claim of a construction defect.

(c) The homeowner or his or her agent, employee, subcontractor, independent contractor or consultant failed to follow the builder's or manufacturer's recommendations or commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a builder's recommended maintenance schedule, the builder must show that the homeowner had written notice of these schedules and recommendations and that the schedules and recommendations were reasonable at the time they were issued.

(d) The damage or loss was caused by the homeowner's or his or her agent's or an independent third party's alterations, ordinary wear and tear, misuse, abuse or neglect, or by the structure's use for something other than its intended purpose.

(e) The time period for filing actions bars the claim.

(f) The action relates to a particular claim for which the builder has obtained a valid release.

(g) The builder's repair was successful in correcting the particular claimed construction defect to the applicable standard.

(6) All applicable affirmative defenses are preserved for causes of action to which this chapter does not apply.

History:

[6-2504, added 2003, ch. 133, sec. 1, p. 389.]
Idaho Code § 6-807 — Idaho Code / Title 6 / Chapter 8 / Section 6-807
6-807 LIMITATION ON THE RECOVERY OF DAMAGES — REDUCING OR INCREASING AN AWARD.
Status: in_force

6-807. Limitation on the recovery of damages — Reducing or increasing an award. (1) In all civil actions in which there has been an award of damages as herein defined, the trial judge may, in his discretion, and after considering all of the evidence, alter such portion of the award representing damages if the amount awarded; (a) is unsupported or unjustified by the clear weight of the evidence; or (b) is so unreasonably disproportionate to the loss or damage suffered or to be suffered as to be unconscionable or so as to shock the conscience of the court; or (c) is the product of a legal error or mistake during the presentation of the evidence or submission of the case to the trier of fact; or (d) is demonstrated to be more likely than not the product of passion or prejudice on the part of the trier of fact.

(2) If the court finds that the award of damages is unreasonably great or small by reason of any one or more of the factors set forth above, then the district court may exercise its discretion to reduce or increase such award in order to make the same consistent with the losses as shown by the evidence. In the event that the court shall enter any such order, it shall make detailed findings of fact and conclusions of law explaining the reason for its action, the amount of any increase or reduction, and the basis therefore.

History:

[6-807, added 1987, ch. 278, sec. 6, p. 579; am. 1992, ch. 86, sec. 1, p. 270.]
Idaho Code § 6-402 — Idaho Code / Title 6 / Chapter 4 / Section 6-402
6-402 DISCLAIMER OR DEFAULT — COSTS.
Status: in_force

6-402. Disclaimer or default — Costs. If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff can not recover costs.

History:

[(6-402) C.C.P. 1881, sec. 477; R.S., R.C., & C.L., sec. 4539; C.S., sec. 6962; I.C.A., sec. 9-402.]
Idaho Code § 6-3809 — Idaho Code / Title 6 / Chapter 38 / Section 6-3809
6-3809 SEVERABILITY.
Status: in_force

6-3809. SEVERABILITY. (1) If any application of any provision in this chapter to any person, group of persons, or circumstances is found by a court to be invalid, preempted, or unconstitutional, for any reason whatsoever, then the remaining applications of that provision to all other persons and circumstances shall be severed and preserved and shall remain in effect. All constitutionally valid applications of the provisions in this chapter shall be severed from any applications that a court finds to be invalid, preempted, or unconstitutional because it is the legislature's intent and priority that every single valid application of every statutory provision be allowed to stand alone.

(2) If any provision of this chapter is found by any court to be unconstitutionally vague, then the applications of that provision that are not found to be constitutionally vague shall be severed and remain in force, consistent with the severability requirements of this section.

(3) No court may decline to enforce the severability requirements of this section or this chapter on the ground that severance would rewrite the statute or involve the court in legislative or lawmaking activity. A court that declines to enforce or enjoins a state official from enforcing a statutory provision is never rewriting a statute or engaging in legislative or lawmaking activity, as the statute continues to contain the same words as before the court's decision. A judicial injunction or declaration of unconstitutionality:

(a) Is nothing more than an edict prohibiting enforcement of the disputed statute against the named parties to that lawsuit, which may subsequently be vacated by a later court if that court has a different understanding of the requirements of the constitution of the state of Idaho or United States constitution;

(b) Is not a formal amendment of the language in a statute; and

(c) No more rewrites a statute than a decision by the executive not to enforce a duly enacted statute in a limited and defined set of circumstances.

(4) If any state or federal court disregards any of the severability requirements of this section or this chapter and declares or finds any provision of this chapter facially invalid, preempted, or unconstitutional, when there are discrete applications of that provision that can be enforced against a person, group of persons, or circumstances without violating federal law or the federal or state constitutions, then that provision shall be interpreted, as a matter of state law, as if the legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision's application will not violate federal law or the federal or state constitutions, and every court shall adopt this saving construction of that provision until the court ruling that pronounced the provision facially invalid, preempted, or unconstitutional is vacated or overruled.

History:

[6-3809, added 2024, ch. 113, sec. 1, p. 493.]
Idaho Code § 6-301 — Idaho Code / Title 6 / Chapter 3 / Section 6-301
6-301 FORCIBLE ENTRY DEFINED.
Status: in_force

6-301. Forcible entry defined. Every person is guilty of a forcible entry who either:

1. By breaking open doors, windows or other parts of a house, or by any kind of violence or circumstances of terror, enters upon or into any real property; or,

2. Who, after entering peaceably upon real property, turns out, by force, threats or menacing conduct, the party in possession.

History:

[(6-301) C.C.P. 1881, sec. 795; R.S., R.C., & C.L., sec. 5091; C.S., sec. 7320; I.C.A., sec. 9-301.]
Idaho Code § 6-542 — Idaho Code / Title 6 / Chapter 5 / Section 6-542
6-542 SALE OF INFANT'S SHARE — PAYMENT OF PROCEEDS TO GUARDIAN.
Status: in_force

6-542. Sale of infant's share — Payment of proceeds to guardian. When the share of an infant is sold, the proceeds of the sale may be paid by the referee making the sale to his general guardian, or the special guardian appointed for him in the action.

History:

[(6-542) C.C.P., 1881, sec. 528; R.S., R.C., & C.L., sec. 4601; C.S., sec. 7017; I.C.A., sec. 9-542; am. 1971, ch. 111, sec. 9, p. 233.]
Idaho Code § 6-1004 — Idaho Code / Title 6 / Chapter 10 / Section 6-1004
6-1004 ADVISORY DECISIONS OF PANEL.
Status: in_force

6-1004. Advisory decisions of panel. At the close of proceedings the panel, by majority and minority reports or by unanimous report, as the case may be, shall provide the parties its comments and observations with respect to the dispute, indicating whether the matter appears to be frivolous, meritorious or of any other particular description. If the panel is unanimous with respect to an amount of money in damages that in its opinion should fairly be offered or accepted in settlement, it may so advise the parties and affected insurers or third-party payors having subrogation, indemnity or other interest in the matter.

History:

[6-1004, added 1976, ch. 278, sec. 5, p. 954.]
Idaho Code § 6-3803 — Idaho Code / Title 6 / Chapter 38 / Section 6-3803
6-3803 INTENTIONAL PUBLICATION OR DISTRIBUTION OF MATERIAL HARMFUL TO MINORS ON THE INTERNET.
Status: in_force

6-3803. intentional publication or distribution of material harmful to minors on the internet. (1) Any commercial entity that knowingly and intentionally publishes material that is harmful to minors on the internet from a website that contains a substantial portion of such material shall be liable if the entity fails to perform reasonable age verification to verify the age of individuals attempting to access the material or, after verifying the age of the individual, provides a minor access to the material.

(2) Any commercial entity or third party that takes steps to perform a reasonable age verification required pursuant to this chapter shall not retain any identifying information of the individual after age verification has been performed.

(3) This chapter shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of any news-gathering organizations.

(4) No internet service provider, affiliate of an internet service provider, subsidiary of an internet service provider, search engine provider, web browser provider, smart device manufacturer, computer manufacturer, or cloud service provider shall be held to have violated the provisions of this chapter solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, or access software, to the extent such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors. However, an interactive computer service is subject to the provisions of this section if it knowingly benefits from:

(a) Being the information content provider for a commercial entity that knowingly and intentionally publishes material harmful to minors in violation of subsection (1) of this section; or

(b) Being in a venture with a commercial entity that knowingly and intentionally publishes material harmful to minors in violation of subsection (1) of this section.

(5) Nothing in this chapter shall be construed to create a conflict with applicable federal law.

History:

[6-3803, added 2024, ch. 113, sec. 1, p. 489.]
Idaho Code § 6-1204 — Idaho Code / Title 6 / Chapter 12 / Section 6-1204
6-1204 DUTIES OF A GUIDE.
Status: in_force

6-1204. Duties of a guide. Any guide providing personal services for an outfitter in this state shall conform to the standard of care expected of members of his profession, and he shall comply with all duties and requirements placed on him by chapter 21, title 36, Idaho Code, and by the rules promulgated by the Idaho outfitters and guides licensing board created by chapter 21, title 36, Idaho Code.

History:

[6-1204, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 2, p. 1029; am. 2022, ch. 111, sec. 4, p. 370.]
Idaho Code § 6-610 — Idaho Code / Title 6 / Chapter 6 / Section 6-610
6-610 ACTIONS AGAINST LAW ENFORCEMENT OFFICERS.
Status: in_force

6-610. Actions against law enforcement officers. (1) For purposes of this section, a "law enforcement officer" shall be defined as any court personnel, sheriff, constable, peace officer, state police officer, correctional, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.

(2) Before any civil action may be filed against any law enforcement officer or service of civil process on any law enforcement officer, when such action arises out of, or in the course of the performance of his duty, or in any action upon the bond of any such law enforcement officer, the proposed plaintiff or petitioner, as a condition precedent thereto, shall prepare and file with, and at the time of filing the complaint or petition in any such action, a written undertaking with at least two (2) sufficient sureties in an amount to be fixed by the court. The purpose of this requirement is to ensure diligent prosecution of a civil action brought against a law enforcement officer, and in the event judgment is entered against the plaintiff or petitioner, for the payment to the defendant or respondent of all costs and expenses that may be awarded against the plaintiff or petitioner, including an award of reasonable attorney's fees as determined by the court.

(3) In any such civil action the prevailing party shall be entitled to an award of costs as otherwise provided by law. The official bond of any law enforcement officer under this section shall be liable for any such costs.

(4) At any time during the course of a civil action against a law enforcement officer, the defendant or respondent may except to either the plaintiff's or petitioner's failure to file a bond or to the sufficiency of the sureties or to the amount of the bond.

(5) When the defendant or respondent excepts to the plaintiff's or petitioner's failure to post a bond under this section, the judge shall dismiss the case.

(6) When the defendant or respondent excepts to the sufficiency of the sureties the sureties must be justified by the plaintiff or petitioner. Upon failure to justify the judge must dismiss the case.

(7) When the amount of the bond is excepted to, a hearing may be held upon notice to the plaintiff or petitioner by the defendant or respondent of not less than two (2) nor more than ten (10) working days after the date the exception is filed, before the judge of the court in which the action is brought. If it appears that the bond is insufficient in amount, the judge shall order a new bond sufficient in amount to be filed within five (5) days of the date such order is received by the plaintiff or petitioner. If no such bond is filed as required by the order of the court, the judge shall dismiss the action.

History:

[6-610, as added by 1953, ch. 234, sec. 1, p. 351; am. 1955, ch. 78, sec. 1, p. 150; am. 1997, ch. 131, sec. 1, p. 398.]
Idaho Code § 6-514 — Idaho Code / Title 6 / Chapter 5 / Section 6-514
6-514 REPORT OF REFEREES.
Status: in_force

6-514. Report of referees. The referees must make a report of their proceedings, specifying the manner in which they executed their trust, and describing the property divided, and the shares allotted to each party, with a particular description of each share.

History:

[(6-514) C.C.P. 1881, sec. 500; R.S., R.C., & C.L., sec. 4573; C.S., sec. 6989; I.C.A., sec. 9-514.]
Idaho Code § 6-2215 — Idaho Code / Title 6 / Chapter 22 / Section 6-2215
6-2215 EFFECT ON PENDING LAWSUITS.
Status: in_force

6-2215. Effect on pending lawsuits. (1) Chapter to apply to pending lawsuits. This chapter shall apply to any lawsuit pending on its effective date that has not proceeded to final judgment in the district court on the effective date of this amendment to this section if the lawsuit presents constitutionally based educational claims or counterclaims by any patrons or by the state of Idaho or state officers and shall apply to any lawsuit bringing a constitutionally based educational claim filed after its effective date.

(2) Procedure for pending lawsuits. If this chapter applies to a lawsuit pending on the effective date of this amendment to this section, all proceedings in the lawsuit shall be suspended for fifty-six (56) days from the effective date of this amendment to this section, except to notify the district court of the passage of this amendment and to allow refiling of complaints consistent with this subsection. Any patrons who are parties to such a lawsuit shall have the fifty-six (56) days of the suspension period to file parens patriae complaint(s) consistent with the requirements of this chapter. The legislature and superintendent of public instruction shall have the fifty-six (56) days of the suspension period to file parens patriae complaint(s) consistent with the requirements of this chapter. If a patron files a parens patriae complaint under this subsection, the legislature and the superintendent of public instruction may intervene as a matter of right pursuant to section 6-2206, Idaho Code, within the time period prescribed by section 6-2206, Idaho Code. If any complaints are filed under this subsection, separate complaints shall be filed for each school district that is a defendant, and venue for such a suit against a school district shall be in the county in which the school district maintains its principal business office. At the expiration of the fifty-six (56) day suspension period described in the first sentence of this subsection, any school districts that are defendants to patron suits or to parens patriae suits under this chapter shall be able to answer as provided by the Idaho rules of civil procedure. All further proceedings in such a suit shall be pursuant to this chapter.

(3) Dismissal of entities not parties and transfer of records in pending lawsuit. School districts that were parties to a lawsuit that presented constitutionally based educational claims or counterclaims on the effective date of this section and that are not defendants in any complaints filed pursuant to subsection (2) of this section shall no longer be parties and shall be dismissed from any proceedings that were suspended. Any defendant to a lawsuit that presented constitutionally based educational claims or counterclaims on the effective date of this section and who is not a defendant authorized by this chapter shall be dismissed from any proceeding that was suspended. Any plaintiff, defendant or an intervenor as of right to a lawsuit filed under subsection (2) of this section in which there is a school district that was a party to a lawsuit that presented constitutionally based educational claims or counterclaims and which lawsuit was suspended under subsection (2) of this section may designate the portions of the records of the suspended lawsuit that pertain to the school district. Upon written request of the plaintiff, the defendant, or an intervenor as of right or the court in a lawsuit filed under subsection (2) of this section, those parts of the record designated by the plaintiff, defendant or an intervenor as of right or the court shall be copied by the clerk of the district court of the suspended lawsuit and forwarded to the clerk of the district court presiding over the complaint filed under subsection (2) of this section and shall be included in the record of that case.

History:

[6-2215, added 1996, ch. 258, sec. 1, p. 854; am. 2003, ch. 339, sec. 3, p. 915.]
Idaho Code § 6-921 — Idaho Code / Title 6 / Chapter 9 / Section 6-921
6-921 APPORTIONMENT OF COST OF STATE PLAN.
Status: in_force

6-921. Apportionment of cost of state plan. The administrator of the division of insurance management in the department of administration shall apportion the cost of the comprehensive liability plan under this act to the individual agencies and institutions and the costs shall be paid to the departments.

History:

[6-921, added 1971, ch. 150, sec. 21, p. 743; am. 1974, ch. 34, sec. 11, p. 988; am. 1974, ch. 252, sec. 9, p. 1674; am. 1976, ch. 310, sec. 3, p. 1070; am. 1980, ch. 106, sec. 3, p. 232.]
Idaho Code § 6-2003 — Idaho Code / Title 6 / Chapter 20 / Section 6-2003
6-2003 DISPARAGEMENT OF PERISHABLE AGRICULTURAL FOOD PRODUCTS — RIGHT OF ACTION FOR DAMAGES.
Status: in_force

6-2003. Disparagement of perishable agricultural food products — Right of action for damages. (1) A producer of perishable agricultural food products who suffers actual damages as a result of another person's disparagement of the producer's product may bring an action for actual damages in a court of competent jurisdiction.

(2) The plaintiff shall bear the burden of proof and persuasion as to each element of the cause of action and must prove each element by clear and convincing evidence.

(3) The plaintiff may only recover actual pecuniary damages. Neither presumed nor punitive damages shall be allowed.

(4) The disparaging factual statement must be clearly directed at a particular plaintiff's product. A factual statement regarding a generic group of products, as opposed to a specific producer's product, shall not serve as the basis for a cause of action.

(5) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within two (2) years after the cause of action accrues and not thereafter.

(6) This statutory cause of action is not intended to abrogate the common law action for product disparagement or any other cause of action otherwise available.

History:

[6-2003, added 1992, ch. 252, sec. 1, p. 737.]
Idaho Code § 6-3002 — Idaho Code / Title 6 / Chapter 30 / Section 6-3002
6-3002 PURPOSE.
Status: in_force

6-3002. purpose. The legislature finds that agriculture plays a substantial role in the economy, culture and history of Idaho. As an increasing number of Idahoans are removed from day-to-day agricultural experiences, agritourism provides a valuable opportunity for the general public to interact with, experience and understand agriculture. Inherent risks exist on farms and ranches, the elimination of which would diminish the agritourism experience. Uncertainty of potential liability associated with inherent risks has a negative impact on the establishment and success of agritourism operations.

History:

[6-3002, added 2013, ch. 177, sec. 1, p. 412.]
Idaho Code § 6-107 — Idaho Code / Title 6 / Chapter 1 / Section 6-107
6-107 CERTIFICATES OF SALE.
Status: in_force

6-107. Certificates of sale. The said sheriff making such sale shall make as many certificates of such sale as there are counties in which such real property is situated, adding a sufficient number to deliver one to each purchaser of such real property. The sheriff shall deliver one of such certificates to each purchaser of such real property, and shall file one with the county recorder of the county where such sale was made; and he shall also send one to each of the county recorders of the several counties in which any portion of said real estate is situated, by United States mail, prepaying the postage thereon. Such certificates of sale shall be filed and recorded by the several county recorders as is now provided by law in sales of real property under execution.

History:

[(6-107) 1909, p. 171, sec. 3; reen. C.L., sec. 4526; C.S., sec. 6955; I.C.A., sec. 9-107.]
Idaho Code § 6-2210 — Idaho Code / Title 6 / Chapter 22 / Section 6-2210
6-2210 FURTHER INQUIRY ABOUT TAX LEVIES — ORDERS.
Status: in_force

6-2210. Further inquiry about tax levies — Orders. (1) If the district court finds:

(a) That the local school district cannot offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues; or

(b) That if the local school district were to offer the constitutionally required educational services that it does offer in a manner that consumes no more of the local school district's resources than necessary, it would still be unable to offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues;

then the district court shall then find the sum of the maintenance and operations levies, supplemental maintenance and operations levies, and emergency fund levies imposed by the local school district and compare the sum to the sum of maintenance and operations levies and emergency fund levies in the maximum amount allowed by law plus the simple average of the supplemental maintenance and operations levies imposed by all school districts in the state.

(2) Orders following further inquiry about tax levies.

(a) If the district court finds:

(i) That the local school district cannot offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues;

(ii) That if the local school district were to offer the constitutionally required educational services in a manner that consumes no more of the local school district's resources than necessary, it would still be unable to offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues; and

(iii) That the sum of the local school district's levies totaled in subsection (1) of this section equals or exceeds the comparison made in subsection (1) of this section;

the district court shall issue an order authorizing the plaintiffs to add the state and/or the legislature as defendants.

(b) If the district court finds:

(i) That the local school district cannot offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues;

(ii) That if the local school district were to offer the constitutionally required educational services in a manner that consumes no more of the local school district's resources than necessary, it would still be unable to offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues; and

(iii) The sum of the local school district's levies totaled in subsection (1) of this section do not equal or exceed the comparison made in subsection (1) of this section;

notwithstanding any other provision of law to the contrary, the district court shall issue an order directing the local school board to impose maintenance and operations levies and emergency fund levies in the maximum amount that may be imposed by law. Furthermore, if the sum of the maximum maintenance and operations levy and emergency fund levy that may be imposed by law plus the supplemental maintenance and operations levy does not exceed the comparison made in subsection (1) of this section, the district court shall order the local school board to adopt an educational necessity levy in an amount so that the sum of the maintenance and operations levy, the supplemental maintenance and operations levy, the emergency fund levy, and the educational necessity levy equals the comparison set forth in subsection (1) of this section. The district court shall issue an order directing that all tax revenues from the additional amounts levied pursuant to this subsection be directed first to meeting the local school district's obligations to provide constitutionally required educational services, but may allow the local school district to reduce any of the levies that it was ordered to raise upon the local school district's proof that it is then providing constitutionally required educational services. The district court shall have continuing jurisdiction to see that the additional tax revenues are spent according to its order.

History:

[6-2210, added 1996, ch. 258, sec. 1, p. 850.]
Idaho Code § 6-1901 — Idaho Code / Title 6 / Chapter 19 / Section 6-1901
6-1901 MENTAL HEALTH PROFESSIONAL DEFINED.
Status: in_force

6-1901. Mental health professional defined. As used in this chapter "mental health professional" means:

(1) A physician licensed pursuant to chapter 18, title 54, Idaho Code;

(2) A professional counselor licensed pursuant to chapter 34, title 54, Idaho Code;

(3) A psychologist licensed pursuant to chapter 23, title 54, Idaho Code;

(4) A social worker licensed pursuant to chapter 32, title 54, Idaho Code; or

(5) A licensed professional nurse licensed pursuant to chapter 14, title 54, Idaho Code.

History:

[6-1901, added 1991, ch. 235, sec. 1, p. 565.]
Idaho Code § 6-1702 — Idaho Code / Title 6 / Chapter 17 / Section 6-1702
6-1702 WHO MAY BRING ACTION.
Status: in_force

6-1702. Who may bring action. A child abuse tort action under the provisions of this chapter may be brought by the child or on the child's behalf by a parent or the child's legal representative.

History:

[6-1702, added 1989, ch. 47, sec. 1, p. 61.]
Idaho Code § 6-406 — Idaho Code / Title 6 / Chapter 4 / Section 6-406
6-406 FORM AND SERVICE OF ORDER — RIGHTS UNDER.
Status: in_force

6-406. Form and service of order — Rights under. The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement, but if any unnecessary injury be done to the property he is liable therefor.

History:

[(6-406) C.C.P. 1881, sec. 481; R.S., R.C., & C.L., sec. 4543; C.S., sec. 6966; I.C.A., sec. 9-406.]
Idaho Code § 6-311E — Idaho Code / Title 6 / Chapter 3 / Section 6-311E
6-311E ACTION FOR DAMAGES — COMPLAINT — SUMMONS.
Status: in_force

6-311E. Action for damages — Complaint — Summons. In an action for damages incurred as a result of failure to pay rent or damages as a result of the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, the plaintiff in his complaint must set forth the facts on which he seeks to recover. If the plaintiff combines his action for damages with an action for possession, the complaint shall also describe the premises with reasonable certainty and may set forth therein any circumstances which may have accompanied the alleged nonpayment of rent or the facts which are the basis for the landlord's reasonable grounds to believe that a person is, or has been, engaged in the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, and claim damages therefor; provided, however, that the early trial provision of section 6-310, Idaho Code, shall not be applicable when an action for damages is combined with an action for possession. In an action for damages, a summons must be issued returnable as in other cases upon filing the complaint.

History:

[6-311E, added 1974, ch. 308, sec. 9, p. 1803; am. 2001, ch. 203, sec. 5, p. 694.]
Idaho Code § 6-305 — Idaho Code / Title 6 / Chapter 3 / Section 6-305
6-305 JURISDICTION OF DISTRICT COURT.
Status: in_force

6-305. Jurisdiction of district court. The district court of the county in which the property, or some part of it, is situated, has jurisdiction of proceedings under this chapter.

History:

[(6-305) C.C.P. 1881, sec. 799; R.S., R.C., & C.L., sec. 5095; C.S., sec. 7324; I.C.A., sec. 9-305.]
Idaho Code § 6-2503 — Idaho Code / Title 6 / Chapter 25 / Section 6-2503
6-2503 NOTICE AND OPPORTUNITY TO REPAIR.
Status: in_force

6-2503. Notice and opportunity to repair. (1) Prior to commencing an action against a construction professional for a construction defect, the claimant shall serve written notice of claim on the construction professional. The notice of claim shall state that the claimant asserts a construction defect claim against the construction professional and shall describe the claim in reasonable detail sufficient to determine the general nature of the defect. Any action commenced by a claimant prior to compliance with the requirements of this section shall be dismissed by the court without prejudice and may not be recommenced until the claimant has complied with the requirements of this section. If a written notice of claim is served under this section within the time prescribed for the filing of an action under this chapter, the statute of limitations for construction-related claims is tolled until sixty (60) days after the period of time during which the filing of an action is barred.

(2) Within twenty-one (21) days after service of the notice of claim, the construction professional shall serve a written response on the claimant. The written response shall:

(a) Propose to inspect the residence that is the subject of the claim and to complete the inspection within a specified time frame. The proposal shall include the statement that the construction professional shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim;

(b) Offer to compromise and settle the claim by monetary payment without inspection; or

(c) State that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.

(3) (a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time stated in subsection (2) of this section, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(b) If the claimant rejects the inspection proposal or the settlement offer made by the construction professional pursuant to subsection (2) of this section, the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty (30) days after the claimant's receipt of the construction professional's response, either an acceptance or rejection of the inspection proposal or settlement offer, then at anytime thereafter the construction professional may terminate the proposal or offer by serving written notice to the claimant, and the claimant may thereafter bring an action against the construction professional for the construction defect claim described in the notice of claim.

(4) (a) If the claimant elects to allow the construction professional to inspect in accordance with the construction professional's proposal pursuant to subsection (2)(a) of this section, the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to inspect the premises and the claimed defect.

(b) Within fourteen (14) days following completion of the inspection, the construction professional shall serve on the claimant:

(i) A written offer to remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim and a timetable for the completion of such construction;

(ii) A written offer to compromise and settle the claim by monetary payment pursuant to subsection (2)(b) of this section; or

(iii) A written statement that the construction professional will not proceed further to remedy the defect.

(c) If the construction professional does not proceed further to remedy the construction defect within the agreed timetable, or if the construction professional fails to comply with the provisions of subsection (4)(b) of this section, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(d) If the claimant rejects the offer made by the construction professional pursuant to subsection (4)(b)(i) or (ii) of this section to either remedy the construction defect or to compromise and settle the claim by monetary payment, the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection notice, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty (30) days after the claimant's receipt of the construction professional's response, either an acceptance or rejection of the offer made pursuant to subsection (4)(b)(i) or (ii) of this section, then at any time thereafter the construction professional may terminate the offer by serving written notice to the claimant.

(5) (a) Any claimant accepting the offer of a construction professional to remedy the construction defect pursuant to subsection (4)(b)(i) of this section shall do so by serving the construction professional with a written notice of acceptance within a reasonable time period after receipt of the offer and no later than thirty (30) days after receipt of the offer. The claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to perform and complete the construction by the timetable stated in the offer.

(b) The claimant and construction professional may, by written mutual agreement, alter the extent of construction or the timetable for completion of construction stated in the offer including, but not limited to, repair of additional defects.

(6) Written or oral statements made by a claimant or by a construction professional in the course of complying with the procedures required or authorized by this section shall not be considered an admission of liability and shall not be admissible in an action subject to this section.

(7) Nothing in this section shall be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect or fails to perform by the timetable agreed upon pursuant to subsection (4)(b) or (5)(b) of this section.

History:

[6-2503, added 2003, ch. 133, sec. 1, p. 387.]
Idaho Code § 6-511 — Idaho Code / Title 6 / Chapter 5 / Section 6-511
6-511 NOTICE TO LIENHOLDERS.
Status: in_force

6-511. Notice to lienholders. The plaintiff must cause a notice to be served a reasonable time previous to the day for appearance before the referee appointed as provided in the last section, on each person having outstanding liens of record who is not a party to the action, to appear before the referee at a specified time and place, to make proof by his own affidavit or otherwise, of the amount due or to become due, contingently or absolutely thereon. In case such person be absent or his residence be unknown, service may be made by publication or notice to his agents, under the direction of the court, in such manner as may be proper. The report of the referee thereon must be made to the court, and must be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require.

History:

[(6-511) C.C.P. 1881, sec. 497; R.S., R.C., & C.L., sec. 4570; C.S., sec. 6986; I.C.A., sec. 9-511.]
Idaho Code § 6-1101 — Idaho Code / Title 6 / Chapter 11 / Section 6-1101
6-1101 LEGISLATIVE PURPOSE.
Status: in_force

6-1101. Legislative purpose. The legislature finds that the sport of skiing is practiced by a large number of citizens of this state and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inherent risks in the sport of skiing which should be understood by each skier and which are essentially impossible to eliminate by the ski area operation, it is the purpose of this chapter to define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury, and to define those risks which the skier expressly assumes and for which there can be no recovery.

History:

[6-1101, added 1979, ch. 270, sec. 1, p. 701.]
Idaho Code § 6-411 — Idaho Code / Title 6 / Chapter 4 / Section 6-411
6-411 QUIET TITLE ACTION — MAINTENANCE AGAINST MORTGAGE BARRED BY STATUTE OF LIMITATIONS.
Status: in_force

6-411. Quiet title action — Maintenance against mortgage barred by statute of limitations. An action may be maintained to quiet title to lands against any mortgage, the enforcement and collection of which is barred by the Statute of Limitations of the State of Idaho, and which, except for the fact that its collection and enforcement is so barred, would constitute a lien upon such lands.

History:

[6-411, added 1951, ch. 117, sec. 1, p. 272.]
Idaho Code § 6-916 — Idaho Code / Title 6 / Chapter 9 / Section 6-916
6-916 SERVICE OF SUMMONS.
Status: in_force

6-916. Service of summons. In all actions under this act against the state or its employee the summons and complaint shall be served on the secretary of state with a copy to the attorney general. This section shall not be construed to release the party making service of process from serving any named defendant other than the governmental entity in compliance with other applicable statutes or rules of civil proceeding.

In all actions under this act against any employee wherein it is alleged that such employee was acting within the course and scope of his employment, a copy of the summons and complaint shall be served upon the governmental entity which is his employer.

History:

[6-916, added 1971, ch. 150, sec. 16, p. 743; am. 1976, ch. 309, sec. 12, p. 1067; am. 1978, ch. 272, sec. 5, p. 633.]
Idaho Code § 6-322 — Idaho Code / Title 6 / Chapter 3 / Section 6-322
6-322 RULES OF PRACTICE IN GENERAL.
Status: in_force

6-322. Rules of practice in general. The provisions of this code relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter.

History:

[6-322, added 1977, ch. 45, sec. 6, p. 83.]
Idaho Code § 6-3202 — Idaho Code / Title 6 / Chapter 32 / Section 6-3202
6-3202 FOREIGN DEFAMATION JUDGMENT.
Status: in_force

6-3202. foreign defamation judgment. (1) A foreign defamation judgment is not conclusive if any of the following apply:

(a) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(b) The foreign court did not have personal jurisdiction over the defendant; or

(c) The foreign court did not have jurisdiction over the subject matter.

(2) A foreign defamation judgment shall not be recognized, granted comity, or operate as res judicata or collateral estoppel if any of the following apply:

(a) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to provide a defense;

(b) The judgment was obtained by fraud;

(c) The cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state;

(d) The judgment conflicts with another final and conclusive order;

(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled other than by proceedings in that court;

(f) In the case of jurisdiction based only on personal service, the foreign court was an inconvenient forum for the trial of the action;

(g) The foreign jurisdiction where judgment was rendered would not give recognition to a similar judgment rendered in this state; or

(h) The court sitting in this state before which the matter is brought determines that the defamation law applied in the adjudication by the foreign court failed to provide at least as much protection for freedom of speech and press in that case as would be provided by the constitutions of this state and the United States.

(3) Any person against whom a foreign defamation judgment is entered, whether the foreign defamation judgment is final or appealable, may bring an action in district court for a declaration with respect to the liability of a person for the judgment and determining whether the foreign defamation judgment should be deemed unenforceable pursuant to any reason enumerated in subsection (2) of this section.

(4) For the purposes of rendering declaratory relief, the courts of this state shall have personal jurisdiction over any person who obtains a judgment in a defamation proceeding outside the United States against any of the following persons:

(a) A resident of this state;

(b) A person or entity amenable to the jurisdiction of this state;

(c) A person who has assets in this state; or

(d) A person who may have to take action in this state to comply with the judgment.

(5) Any person against whom a foreign defamation action has been instituted may bring an action for an injunction where the foreign defamation action would:

(a) Frustrate a policy of the state, the guarantee of due process, and the protection of freedom of speech;

(b) Be vexatious or oppressive; or

(c) Prejudice other equitable considerations.

(6) For the purposes of rendering injunctive relief, the courts of this state shall have personal jurisdiction over any person who institutes a defamation proceeding outside the United States against any of the following persons:

(a) A resident of this state;

(b) A person or entity amenable to the jurisdiction of this state;

(c) A person who has assets in this state; or

(d) A person who may have to take action in this state to comply with the judgment.

(7) No Idaho court shall sustain a dilatory exception of "lis pendens" asserted in a declaratory or injunctive proceeding under this section that was filed in an Idaho court subsequent to the foreign defamation action.

(8) An action brought for declaratory or injunctive relief pursuant to this section may be brought in a court of proper venue in either the county where the plaintiff resides or the county where the plaintiff has assets.

History:

[6-3202, added 2019, ch. 293, sec. 1, p. 872.]
Idaho Code § 6-1703 — Idaho Code / Title 6 / Chapter 17 / Section 6-1703
6-1703 DAMAGES — ATTORNEYS' FEES.
Status: in_force

6-1703. Damages — Attorneys' fees. Damages in an action brought pursuant to the provisions of this chapter shall consist of compensation for past and future damages and may consist of emotional and physical pain and suffering, mental anguish, disability, loss of society and companionship, expenses for past and future therapy, and punitive damages where the claimant proves malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.

The prevailing party in a child abuse tort action shall be entitled to costs and reasonable attorneys' fees.

History:

[6-1703, added 1989, ch. 47, sec. 1, p. 61.]
Idaho Code § 6-2213 — Idaho Code / Title 6 / Chapter 22 / Section 6-2213
6-2213 SUIT AGAINST STATE.
Status: in_force

6-2213. Suit against state. When the district court has authorized the plaintiffs to add the state or the legislature as defendants in a suit brought under this chapter, if the legislature is not already party to the suit, the legislature may move to reopen the proceedings to present evidence with regard to the district court's findings that preceded the district court's authorization to sue the state and/or the legislature, or it may stand on the record and findings before the district court. Following any additional evidence that may be offered after the state and/or the legislature is added as a defendant, if the district court finds that:

(1) The local school district has not yet complied with its obligations to provide constitutionally required educational services;

(2) The local school district does not offer educational or other services not federally mandated or constitutionally required;

(3) The local school district does not offer the constitutionally required educational services that it does offer in a manner that consumes more of the local school district's resources than necessary to provide the constitutionally required educational services that it does offer;

(4) The sum of the local school district's maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equal or exceed the comparison made in section 6-2210(1), Idaho Code; and

(5) The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;

the district court shall enter a declaratory judgment finding that the system of public, free common schools established by law is unconstitutional as applied to the patrons of that local school district. If the district court cannot make all of these five (5) findings, it shall dismiss the complaint against the state and/or the legislature, but retain jurisdiction over the other defendants as necessary. The district court shall not issue any other final judgments or orders against the state and/or the legislature except as authorized by this section.

History:

[6-2213, added 1996, ch. 258, sec. 1, p. 853.]
Idaho Code § 6-3101 — Idaho Code / Title 6 / Chapter 31 / Section 6-3101
6-3101 DUTY OF LAND POSSESSOR TO TRESPASSER.
Status: in_force

6-3101. duty of land possessor to trespasser. A possessor of any interest in real property, including an owner, lessee or other lawful occupant, owes no duty of care to a trespasser, except to refrain from intentional or willful and wanton acts that cause injury to the trespasser.

History:

[6-3101, added 2018, ch. 350, sec. 4, p. 828.]
Idaho Code § 6-1007 — Idaho Code / Title 6 / Chapter 10 / Section 6-1007
6-1007 SERVICE OF CLAIM ON ACCUSED PROVIDER OF HEALTH CARE.
Status: in_force

6-1007. Service of claim on accused provider of health care. At the commencement of such proceedings and reasonably in advance of any hearing or testimony, the accused provider of health care in all cases shall be served a true copy of the claim to be processed which claim shall set forth in writing and in general terms, when, where and under what circumstances the health care in question allegedly was improperly provided or withheld and the general and special damages attributed thereto.

History:

[6-1007, added 1976, ch. 278, sec. 8, p. 955.]
Idaho Code § 6-1602 — Idaho Code / Title 6 / Chapter 16 / Section 6-1602
6-1602 PERIODIC PAYMENT OF JUDGMENTS — EXCEPTIONS — DISCRETIONS — PROCEDURE.
Status: in_force

6-1602. Periodic payment of judgments — Exceptions — Discretions — Procedure. (1) In any civil action seeking damages for personal injury or property damages in which a verdict, award or finding for future damages exceeds the sum of one hundred thousand dollars ($100,000), the court may, in the exercise of its sound discretion, and at the request of either party, enter a judgment which provides for the periodic payment of that portion of the verdict, award or finding which represents future damages.

(2) If, prior to the entry of judgment, either party requests that the judgment provide for the periodic payments of future damages, the court shall request each party to submit a proposal for such payment which, at a minimum, shall state:

(a) The reasons which demonstrate that the imposition of periodic payments is appropriate or inappropriate, according to the criteria provided in subsections (3), (4) and (5) of this section;

(b) The manner and method of proposed future periodic payments including:

(i) The name or names of each recipient of such payments;

(ii) The number, time, interval and dollar amount of all such payments;

(iii) The total amount to be paid over the course of such payments;

(iv) The present cash value of such payments as of the date when payment is to commence;

(v) The terms and conditions of any annuity policy, contract or investment which a party intends to rely upon as the means of facilitating such payments; and

(vi) The method by which such payments are secured.

(c) Any other factor the court deems appropriate under the prevailing circumstances.

(3) In determining whether periodic payments are appropriate in any given case, the court shall consider, receive evidence and enter findings of fact and conclusions of law on the following:

(a) The age, health, education, occupation experience, medical needs, capacity or incapacity, dependency, and any other special circumstances which, considering the best interests of the claimant, weigh in favor of periodic or lump sum payments;

(b) The financial capacity and resources of the judgment debtor, and any other factors which may affect such debtor's ability to pay the judgment in lump sum, or may otherwise substantially impair the future solvency of such debtor if periodic payments are not ordered;

(c) The degree to which the future damages, losses, expenses and needs are subject to ascertainment with reasonable certainty;

(d) The extent to which an order of future periodic payments may significantly risk that the judgment debtor will be required to pay more than the verdict award or finding, or that the claimant will not be fully and fairly compensated for the future damages;

(e) The existence and amount of any policy of insurance providing coverage, in whole or part, to the judgment debtor for the future damages of the claimant;

(f) The claimant's entitlement to future income, benefits, proceeds or payments from other sources which, with reasonable certainty, may supplement the claimant's future economic needs, damages or expenses;

(g) The extent to which the manner of payment may serve to discourage or deter the tortious, wrongful or otherwise unlawful conduct of the judgment debtor or others similarly situated;

(h) The availability of adequate security to insure that the claimant will receive the full value of the verdict, award or finding;

(i) The extent to which the claimant's attorney will be fully and adequately compensated pursuant to terms of the agreement for representation with the claimant; and

(j) The effect upon any taxes which the claimant will have to pay on the periodic payments.

(4) Unless otherwise agreed to by the claimant, periodic payments shall not be ordered in any case involving an intentional tort, or wrongful conduct perpetrated with or accompanied by fraud, dishonesty, malice, willfulness, gross negligence or which represents an extreme deviation from reasonable standards of conduct.

(5) Any unpaid balance of any judgment shall accrue and bear interest at the legal rate of interest specified in section 28-22-104(2), Idaho Code, except to the extent such judgment is for future damages. Judgments for future damages shall not bear interest unless such future damages have been reduced to present value in which case the court shall assign an interest rate which is consistent with the methodology used in reducing the amount of such verdict award or finding to present value.

(6) Adequate security shall be required on every judgment ordered payable by periodic means, including the provision of any one or combination of the following:

(a) An annuity contract issued by an insurance company with a financial rating acceptable to the court;

(b) Personal guarantees;

(c) Reinsurance contracts;

(d) Security instruments on real and personal property; or

(e) Such other collateral or security the court may determine appropriate and necessary to ensure full and timely payment of the judgment.

(7) If the court enters a judgment for periodic payments and any security required by the judgment is not given within sixty (60) days, the court shall enter judgment for payment of the future damage award in a lump sum, together with an award of reasonable costs and attorney fees incurred by the claimant relating to the request for periodic payments.

(8) If the court enters an order for periodic payments within sixty (60) days after entry of an order for periodic payments, the judgment debtor may elect not to make the periodic payments and satisfy the judgment for periodic payments by paying the full amount of damages awarded before the order for periodic payments.

(9) If at any time following entry of judgment for periodic payments, a judgment debtor fails to make any payment in full or in a timely fashion, or otherwise according to the terms of the judgment, the claimant may petition the court for an order requiring payment by the judgment debtor of the total remaining amount of the unpaid future damage award and, if necessary, an order allowing execution upon any security given for payment together with such additional penalties, including an award of costs and attorney fees, as the court deems appropriate. In ruling upon such petition the court may consider whether the judgment debtor's failure to make full or timely payment was the result of his excusable inadvertence or the ministerial act of third parties beyond the control of the judgment debtor, together with all equitable considerations which favor granting or denying the petition.

(10) All judgments payable by periodic payments, as provided in this section, shall constitute a property right of the judgment creditor entitled to receive the payments, shall survive the death, disability or incapacity of the judgment creditor, and shall be inheritable, devisable, assignable and otherwise subject to disposition by the judgment creditor as any other form of intangible personal property; provided that nothing contained herein is intended to amend, modify or in any way alter any federal, state or local laws pertaining to taxes which may or may not be assessed against all or any portion of the judgment.

History:

[6-1602, added 1987, ch. 278, sec. 1, p. 573.]
Idaho Code § 6-540 — Idaho Code / Title 6 / Chapter 5 / Section 6-540
6-540 DUTY OF RECORDER TAKING SECURITY OR MAKING INVESTMENT.
Status: in_force

6-540. Duty of recorder taking security or making investment. The recorder in whose name a security is taken, or by whom an investment is made, and his successors in office, must receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and must deposit with the county treasurer all securities taken, and keep an account in a book provided and kept for that purpose in the recorder's office, free for inspection by all persons, of investments in moneys received by him thereon and the disposition thereof.

History:

[(6-540) C.C.P. 1881, sec. 526; R.S., R.C., & C.L., sec. 4599; C.S., sec. 7015; I.C.A., sec. 9-540.]
Idaho Code § 6-1012 — Idaho Code / Title 6 / Chapter 10 / Section 6-1012
6-1012 PROOF OF COMMUNITY STANDARD OF HEALTH CARE PRACTICE IN MALPRACTICE CASE.
Status: in_force

6-1012. Proof of community standard of health care practice in malpractice case. In any case, claim or action for damages due to injury to or death of any person, brought against any physician and surgeon or other provider of health care, including, without limitation, any dentist, physicians' assistant, nurse practitioner, registered nurse, licensed practical nurse, nurse anesthetist, medical technologist, physical therapist, hospital or nursing home, or any person vicariously liable for the negligence of them or any of them, on account of the provision of or failure to provide health care or on account of any matter incidental or related thereto, such claimant or plaintiff must, as an essential part of his or her case in chief, affirmatively prove by direct expert testimony and by a preponderance of all the competent evidence, that such defendant then and there negligently failed to meet the applicable standard of health care practice of the community in which such care allegedly was or should have been provided, as such standard existed at the time and place of the alleged negligence of such physician and surgeon, hospital or other such health care provider and as such standard then and there existed with respect to the class of health care provider that such defendant then and there belonged to and in which capacity he, she or it was functioning. Such individual providers of health care shall be judged in such cases in comparison with similarly trained and qualified providers of the same class in the same community, taking into account his or her training, experience, and fields of medical specialization, if any. If there be no other like provider in the community and the standard of practice is therefore indeterminable, evidence of such standard in similar Idaho communities at said time may be considered. As used in this act, the term "community" refers to that geographical area ordinarily served by the licensed general hospital at or nearest to which such care was or allegedly should have been provided.

History:

[6-1012, added 1976, ch. 277, sec. 2, p. 951.]
Idaho Code § 6-1014 — Idaho Code / Title 6 / Chapter 10 / Section 6-1014
6-1014 PATIENT PROTECTION AND AFFORDABLE CARE ACT AND OTHER METRICS NOT USED TO ESTABLISH COMMUNITY STANDARD.
Status: in_force

6-1014. Patient Protection And Affordable Care Act and other metrics not used to establish community standard. (1) In determining whether a health care practitioner has met a standard of care under this chapter or under any other Idaho statute, no criteria, guideline, standard or other metric established or imposed by the patient protection and affordable care act (PPACA), P.L. 111-148, established or imposed by or pursuant to any other law or regulation of the United States or any entity or agency thereof and used for the purpose of determining reimbursement or a rate of reimbursement for the care provided, or established or imposed by another state or by a third party payor, shall be used as a basis for establishing an applicable community standard of care. The fact that a health care practitioner has met or failed to meet any such criteria, guideline, standard or other metric shall not be admissible or considered by a finder of fact in any proceeding or other action concerning a determination of liability of a health care practitioner to a patient or other party seeking damages on account of an injury to a patient or in any proceeding or other action of a state licensing or regulatory authority imposing professional discipline for failure of a health care practitioner to meet the applicable standard of care.

(2) Notwithstanding the provisions of subsection (1) of this section, nothing in this section shall prevent the consideration of facts that establish compliance or lack of compliance with a community standard of care, so long as the facts considered do not include reference to any criteria, guideline, standard or other metric imposed by the PPACA, established or imposed by or pursuant to any other law or regulation of the United States or any entity or agency thereof and used for the purpose of determining reimbursement or a rate of reimbursement for the care provided, or established or imposed by another state or by a third party payor.

(3) For the purposes of this section, the following definitions shall apply:

(a) "Health care practitioner" means a person licensed, registered or otherwise authorized under title 54, Idaho Code, to provide services relating to the prevention, cure or treatment of illness, injury or disease.

(b) "Third party payor" means any entity subject to the jurisdiction of the department of insurance under title 41, Idaho Code, and also includes any federal, state or local government entity and its contractors making payments or administering any plan or program paying for health care services.

History:

[6-1014, added 2014, ch. 346, sec. 1, p. 867.]
Idaho Code § 6-509 — Idaho Code / Title 6 / Chapter 5 / Section 6-509
6-509 PARTIAL PARTITION.
Status: in_force

6-509. Partial partition. Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition in the first instance among all the parties in interest, the court may first ascertain and determine the shares or interests respectively held by the original cotenants, and thereupon adjudge and cause a partition to be made as if such original cotenants were the parties and sole parties in interest and the only parties to the action, and thereafter may proceed in like manner to adjudge and make partition separately of each share or portion so ascertained and allotted as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof as they may desire.

History:

[(6-509) C.C.P. 1881, sec. 495; R.S., R.C., & C.L., sec. 4568; C.S., sec. 6984; I.C.A., sec. 9-509.]
Idaho Code § 6-404 — Idaho Code / Title 6 / Chapter 4 / Section 6-404
6-404 VALUE OF IMPROVEMENTS AS SET-OFF.
Status: in_force

6-404. Value of improvements as set-off. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of such improvements must be allowed as a set-off against such damages.

History:

[(6-404) C.C.P. 1881, sec. 470; R.S., R.C., & C.L., sec. 4541; C.S., sec. 6964; I.C.A., sec. 9-404.]
Idaho Code § 6-3904 — Idaho Code / Title 6 / Chapter 39 / Section 6-3904
6-3904 STAY.
Status: in_force

6-3904. stay. (1) Except as otherwise provided in subsections (4) through (7) of this section, upon the filing of a motion pursuant to section 6-3903, Idaho Code:

(a) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(b) Upon motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion pursuant to section 6-3903, Idaho Code.

(2) A stay pursuant to subsection (1) of this section remains in effect until entry of an order ruling on the motion pursuant to section 6-3903, Idaho Code, and expiration of the time for the moving party to appeal the order pursuant to section 6-3909, Idaho Code, and applicable court rule.

(3) Except as otherwise provided in subsections (5), (6), and (7) of this section, if a party appeals an order ruling on a motion pursuant to section 6-3903, Idaho Code, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.

(4) During a stay pursuant to subsection (1) of this section, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden pursuant to section 6-3907(1), Idaho Code, and the information is not reasonably available unless discovery is allowed.

(5) A motion pursuant to section 6-3910, Idaho Code, for costs, attorney's fees, and expenses is not subject to a stay pursuant to this section.

(6) A stay pursuant to the provisions of this section does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.

(7) During a stay pursuant to the provisions of this section, the court for good cause may hear and rule on:

(a) A motion unrelated to the motion pursuant to section 6-3903, Idaho Code; and

(b) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

History:

[6-3904, added 2025, ch. 17, sec. 1, p. 49.]
Idaho Code § 6-3911 — Idaho Code / Title 6 / Chapter 39 / Section 6-3911
6-3911 CONSTRUCTION.
Status: in_force

6-3911. construction. This chapter shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the constitution of the United States and the constitution of the state of Idaho.

History:

[6-3911, added 2025, ch. 17, sec. 1, p. 51.]
Idaho Code § 6-1002 — Idaho Code / Title 6 / Chapter 10 / Section 6-1002
6-1002 APPOINTMENT AND COMPOSITION OF HEARING PANEL.
Status: in_force

6-1002. Appointment and composition of hearing panel. The board of medicine shall provide for and appoint an appropriate panel or panels to accept and hear complaints of such negligence and damages, made by or on behalf of any patient who is an alleged victim of such negligence. Said panels, shall include one (1) person who is licensed to practice medicine in the state of Idaho. In cases involving claims against hospitals, one (1) additional member shall be a then serving administrator of a licensed acute care general hospital in the state of Idaho. One (1) additional member of each such panel shall be appointed by the commissioners of the Idaho state bar, which person shall be a resident lawyer licensed to practice law in the state of Idaho, and shall serve as chairman of the panel. The panelists so appointed shall select by unanimous decision a layman panelist who shall not be a lawyer, doctor or hospital employee but who shall be a responsible adult citizen of Idaho. All panelists shall serve under oath that they are without bias or conflict of interest as respects any matter under consideration.

History:

[6-1002, added 1976, ch. 278, sec. 3, p. 954.]
Idaho Code § 6-1801 — Idaho Code / Title 6 / Chapter 18 / Section 6-1801
6-1801 DEFINITIONS.
Status: in_force

6-1801. Definitions. As used in this chapter:

(1) "Engages in an equine activity" means a person who rides, trains, drives or is a passenger upon an equine, whether mounted or unmounted, and does not mean a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive or ride as a passenger upon an equine.

(2) "Equine" means a horse, pony, mule, donkey or hinny.

(3) "Equine activity" means:

(a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three (3) day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;

(b) Equine training and/or teaching activities;

(c) Boarding equines;

(d) Riding, inspecting or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; and

(e) Rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.

(4) "Equine activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for an equine activity including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs, and operators, instructors and promoters of equine facilities including, but not limited to, stables, clubhouses, ponyride strings, fairs and arenas at which the activity is held.

(5) "Equine professional" means a person engaged for compensation in:

(a) Instructing a participant or renting to a participant an equine for the purpose of riding, driving or being a passenger upon the equine; or

(b) Renting equipment or tack to a participant.

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

History:

[6-1801, added 1990, ch. 40, sec. 1, p. 62.]
Idaho Code § 6-303A — Idaho Code / Title 6 / Chapter 3 / Section 6-303A
6-303A RECORDS SHIELDED FROM DISCLOSURE.
Status: in_force

6-303A. records shielded from disclosure. (1) A person who is the defendant in an unlawful detainer case under section 6-303, Idaho Code, and whose case is filed on or after January 1, 2025, will, without the filing of a petition, have shielded from public disclosure all records of the unlawful detainer if:

(a) The entire case was dismissed;

(b) There is no appeal pending for the case; and

(c) At least three (3) years have passed from the day on which the eviction was filed or the parties stipulated to shielding and have filed the stipulation with the court.

(2) Shielding shall protect against the disclosure of unlawful detainer records and make them unavailable for public viewing.

(3) The procedures set forth in this section, including the specific processes established that affect access to court records, are subject to the rules of the Idaho supreme court and the capabilities of its record-keeping system.

(4) Nothing in this section shall be construed to limit court staff from accessing any records or databases created or maintained by the courts. Records shielded from public disclosure pursuant to this section may be accessed at any time by the parties involved in the case.

(5) Any party may petition for the sealing of eviction records pursuant to Idaho supreme court administrative rules.

History:

[6-303A, added 2024, ch. 269, sec. 1, p. 932.]
Idaho Code § 6-926 — Idaho Code / Title 6 / Chapter 9 / Section 6-926
6-926 JUDGMENT OR CLAIMS IN EXCESS OF COMPREHENSIVE LIABILITY PLAN — REDUCTION BY COURT — LIMITS OF LIABILITY.
Status: in_force

6-926. Judgment or claims in excess of comprehensive liability plan — Reduction by court — Limits of liability. (1) The combined, aggregate liability of a governmental entity and its employees for damages, costs and attorney's fees under this chapter, on account of bodily or personal injury, death or property damage, or other loss as the result of any one (1) occurrence or accident regardless of the number of persons injured or the number of claimants, shall not exceed and is limited to five hundred thousand dollars ($500,000), unless the governmental entity has purchased applicable, valid, collectible liability insurance coverage in excess of said limit, in which event the controlling limit shall be the remaining available proceeds of such insurance. For claims arising from construction, operation or maintenance of impoundments, canals, laterals, drains or associated facilities that are under the supervision or control of the operating agency of irrigation districts whose board consists of directors of its member districts, the combined aggregate limit of liability for the operating agency, its member irrigation districts and their respective employees shall be the combined aggregate limit of a single governmental entity under this section. If any judgment or judgments, including costs and attorney's fees that may be awarded, are returned or entered, and in the aggregate total more than five hundred thousand dollars ($500,000), or the limits provided by said valid, collectible liability insurance, if any, whether in one (1) or more cases, the court shall reduce the amount of the award or awards, verdict or verdicts, or judgment or judgments in any case or cases within its jurisdiction so as to reduce said aggregate loss to said applicable statutory limit or to the limit or limits provided by said valid, collectible insurance, if any, whichever is greater.

(2) Limits of liability specified in this section shall not be increased or altered by the fact that a decedent, on account of whose death a wrongful death claim is asserted hereunder, left surviving him or her more than one (1) person entitled to make claim therefor, nor shall the aggregate recovery exceed the single limit provided for injury or death to any one (1) person in those cases in which there is both an injury claim and a death claim arising out of the injury to one (1) person, the intent of this section being to limit such liabilities and recoveries in the aggregate to one (1) limit only.

(3) The entire exposure of the entity and its employee or employees hereunder shall not be enlarged by the number of liable employees or the theory of concurrent or consecutive torts or tort feasors or of a sequence of accidents or incidents if the injury or injuries or their consequences stem from one (1) occurrence or accident.

(4) In no case shall any court enter judgment, or allow any judgment to stand, which results in the limit of liability provided in this section to be exceeded in any manner or respect. If any court has jurisdiction of two (2) or more such claims in litigation in which the adjudication is simultaneous and, in the aggregate, exceeds the limits provided in this section, the reduction shall be pro rata in a proportion consistent with the relative amounts of loss of the claimants before the court; otherwise, the reduction shall be determined and made in view of limits remaining after the prior settlement of any other such claims or the prior satisfaction of any other such judgments, and no consideration shall be given to other such outstanding claims, if any, which have not been settled or satisfied prior thereto.

(5) The court shall reduce any judgment in excess of the limits provided by this act in any matter within its jurisdiction, whether by reason of the adjudication in said proceedings alone or of the total or aggregate of all such awards, judgments, settlements, voluntary payments or other such loss relevant to the limits provided in this section.

History:

[6-926, added 1984, ch. 96, sec. 3, p. 222; am. 2011, ch. 197, sec. 2, p. 579.]
Idaho Code § 6-2611 — Idaho Code / Title 6 / Chapter 26 / Section 6-2611
6-2611 REPORTING REQUIREMENTS.
Status: in_force

6-2611. reporting requirements. (1) For a property to be delisted, the property owner must provide the department with an original or certified copy of the final report that includes the following from a qualified industrial hygienist:

(a) The property description, including physical street address, city, zip code, legal description, ownership, and number and type of structures present;

(b) Documentation of sampling procedures and analytical results from a laboratory as specified in this chapter; and

(c) A qualified industrial hygienist statement of qualifications, including professional certification or documentation, and a signed certification stating: "I certify that the cleanup standard established by Idaho Code has been met as evidenced by testing I conducted."

(2) If the property owner chooses to demolish the property, documentation shall be provided to the department showing that the structure was completely and lawfully demolished and disposed of complying with local, state, and federal laws and regulations.

History:

[6-2611, added 2025, ch. 84, sec. 11, p. 397.]
Idaho Code § 6-526 — Idaho Code / Title 6 / Chapter 5 / Section 6-526
6-526 SECURITY FOR PURCHASE-MONEY.
Status: in_force

6-526. Security for purchase-money. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase-money of such parts of the property as are directed by the court to be sold on credit for the shares of any known owner of full age, in the name of such owner; and for the shares of an infant in the name of the guardian of such infant; and for other shares in the name of the clerk of the court and his successors in office.

History:

[(6-526) C.C.P. 1881, sec. 512; R.S., R.C., & C.L., sec. 4585; C.S., sec. 7001; I.C.A., sec. 9-526.]
Idaho Code § 6-102 — Idaho Code / Title 6 / Chapter 1 / Section 6-102
6-102 DISPOSITION OF SURPLUS MONEY.
Status: in_force

6-102. Disposition of surplus money. If there be surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in court.

History:

[(6-102) C.C.P. 1881, sec. 469; R.S., R.C., & C.L., sec. 4521; C.S., sec. 6950; I.C.A., sec. 9-102.]
Idaho Code § 6-522 — Idaho Code / Title 6 / Chapter 5 / Section 6-522
6-522 DISTRIBUTION OF PROCEEDS.
Status: in_force

6-522. Distribution of proceeds. The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, whenever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into court or deposited therein, or as directed by the court.

History:

[(6-522) C.C.P. 1881, sec. 508; R.S., R.C., & C.L., sec. 4581; C.S., sec. 6997; I.C.A., sec. 9-522.]
Idaho Code § 6-3802 — Idaho Code / Title 6 / Chapter 38 / Section 6-3802
6-3802 DEFINITIONS.
Status: in_force

6-3802. definitions. As used in this chapter:

(1) "Commercial entity" means a corporation, a limited liability company, a partnership, a limited partnership, a sole proprietorship, or another legally recognized business entity.

(2) "Digitized identification card" means a data file available on any mobile device that has connectivity to the internet through a state-approved application that allows the mobile device to download a data file that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card.

(3) "Harmful to minors" means:

(a) Material that the average person applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest;

(b) Material that is devoted to or principally consists of descriptions of actual, simulated, or animated displays or depictions of any of the following, in a manner patently offensive with respect to minors:

(i) Pubic hair, anus, vulva, genitals, or nipple of the female breast;

(ii) Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals; or

(iii) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and

(c) Material that, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

(4) "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any interactive computer service.

(5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

(6) "Internet" means the international computer network of both federal and nonfederal interoperable packet-switched data networks.

(7) "Minor" means any person under the age of eighteen (18) years.

(8)(a) "News-gathering organization" means any of the following:

(i) An employee of a newspaper, news publication, or news source that is printed or on an online or mobile platform, of current news and public interest, while operating as an employee of such news-gathering organization, who can provide documentation of such employment with the newspaper, news publication, or news source; or

(ii) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee of such news-gathering organization, who can provide documentation of such employment.

(b) A website or an interactive computer service is not deemed to be a news-gathering organization unless its primary business is as an information content provider, news publisher, or broadcaster of current news and public interest.

(9) "Publish" means to communicate or make information available to another person or entity on a publicly available internet website. A commercial entity shall not be considered the publisher of any material or information provided by another information content provider.

(10) "Reasonable age verification methods" include verifying that the person seeking to access the material is eighteen (18) years of age or older by:

(a) Providing a digitized identification card as defined in this section; or

(b) Requiring that the person attempting to access the material complies with a commercial age verification system that verifies age in one (1) or more of the following ways:

(i) Government-issued identification; or

(ii) Public or private transactional data.

(11) "Substantial portion" means more than one-third (1/3) of total material on a website. If a website links by hypertext link to the material of a third-party website, the material on such third-party website shall not be considered toward the total percentage of material if that third-party website does not contain material harmful to minors and if such linking does not constitute an attempt to intentionally dilute the percentage calculation of material harmful to minors in order to evade the provisions of this section.

(12) "Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. Transactional data may include but is not limited to records from mortgage, education, and employment entities.

History:

[6-3802, added 2024, ch. 113, sec. 1, p. 487.]
Idaho Code § 6-533 — Idaho Code / Title 6 / Chapter 5 / Section 6-533
6-533 REPORT OF SALE.
Status: in_force

6-533. Report of sale. After completing a sale of the property, or any part thereof ordered to be sold, the referees must report the same to the court with a description of the different parcels of lands sold to each purchaser; the name of the purchaser; the price paid or secured; the terms and conditions of the sale, and the securities, if any, taken. The report must be filed in the office of the clerk.

History:

[(6-533) C.C.P. 1881, sec. 519; R.S., R.C., & C.L., sec. 4592; C.S., sec. 7008; I.C.A., sec. 9-533.]
Idaho Code § 6-3307 — Idaho Code / Title 6 / Chapter 33 / Section 6-3307
6-3307 LIABILITY OF MOUNTAIN OPERATORS.
Status: in_force

6-3307. Liability of mountain operators. Any mountain operator shall be liable for loss or damages caused by its failure to follow the duties set forth in sections 6-3303 and 6-3304, Idaho Code, where the violation of duty is causally related to the loss or damage suffered. The mountain operator shall not be liable to any passenger or bicyclist acting in violation of its duties as set forth in sections 6-3305 and 6-3306, Idaho Code, where the violation of duty is causally related to the loss or damage suffered; nor shall a mountain operator be liable for any injury or damage to a person who is not legally entitled to be in the mountain area, or for any loss or damages caused by any object dropped, thrown, or expelled by a passenger from an aerial passenger tramway.

History:

[6-3307, added 2020, ch. 329, sec. 1, p. 951.]
Idaho Code § 6-2610 — Idaho Code / Title 6 / Chapter 26 / Section 6-2610
6-2610 CLEANUP STANDARDS.
Status: in_force

6-2610. cleanup standards. The following cleanup standards must be met:

(1) A level of methamphetamine that does not exceed a concentration of one-tenth (0.1) of a microgram per one hundred (100) square centimeters as demonstrated by clearance sampling conducted by a qualified industrial hygienist.

(2) If a porous surface has a level of methamphetamine that does not exceed a concentration of five-tenths (0.5) of a microgram per one hundred (100) square centimeters as demonstrated by clearance sampling conducted by a qualified industrial hygienist, an adequate coating or sealant appropriate to the material may be used as a method to meet the cleanup standard.

(3) Standards may be established for the cleanup of other controlled substances found in clandestine drug laboratories on an individual basis, based on an inventory of chemicals found, and after consultation with the department, the property owner, law enforcement, and a qualified industrial hygienist.

History:

[6-2610, added 2025, ch. 84, sec. 10, p. 396.]
Idaho Code § 6-3502 — Idaho Code / Title 6 / Chapter 35 / Section 6-3502
6-3502 CLAIM OF COMPENSATION FOR WRONGFUL CONVICTION.
Status: in_force

6-3502. claim of compensation for wrongful conviction. (1) As used in this chapter, "claimant" means a person convicted and subsequently imprisoned for one (1) or more crimes that such person did not commit.

(2) If he meets the requirements of this chapter, a claimant may bring a civil action against the state of Idaho for wrongful conviction. The claimant shall prevail if he establishes each of the following requirements by a preponderance of the evidence:

(a) The claimant was convicted of a felony in this state and subsequently imprisoned;

(b) The claimant did not commit the crime for which he was convicted;

(c) The claimant did not commit the acts that were the basis of the conviction;

(d) The claimant did not aid, abet, or act as an accomplice or accessory to either the acts or to a person who committed the acts that were the basis for the conviction;

(e) The claimant did not commit an included offense of the crime for which he was imprisoned;

(f) The claimant establishes that his conviction was reversed or vacated and either:

(i) The claimant was not retried and the charges were dismissed; or

(ii) The claimant was retried and was found not guilty; and

(g) The claimant establishes that the basis for reversing or vacating the conviction was not legal error unrelated to his factual innocence.

(3) A claimant shall not prevail on a claim brought pursuant to this chapter if the state shows by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another party from prosecution for the underlying conviction that forms the basis for the claim.

(4)(a) A claimant convicted, imprisoned, and released from custody on or after the effective date of this chapter shall commence an action under this section within a period of two (2) years after:

(i) The conviction was reversed or vacated and the charges were dismissed; or

(ii) The claimant was retried and found not guilty.

(b) A claimant convicted, imprisoned, and released from custody before the effective date of this chapter must commence an action under this section within two (2) years of the effective date of this chapter.

(5) A claimant shall be entitled to a hearing in district court as expeditiously as possible after the filing of a claim.

(6) If a person dies prior to filing or during the pendency of a claim under this section, the person's estate may file or maintain a claim pursuant to this section.

(7) All provisions of existing law relating to absolute or qualified immunity shall apply to an action brought pursuant to the provisions of this section.

History:

[6-3502, added 2021, ch. 17, sec. 1, p. 38.]
Idaho Code § 6-709 — Idaho Code / Title 6 / Chapter 7 / Section 6-709
6-709 LIABILITY IN CASE OF JOINT OPERATION.
Status: in_force

6-709. Liability in case of joint operation. In any case where liability shall exist on account of any broadcast where two (2) or more radio or television stations were connected together simultaneously or by transcription, film, or other approved or adapted use for joint operation, in the making of such broadcast, such liability shall be confined and limited solely to the person, firm, or corporation owning or operating the radio or television station which originated such broadcast.

History:

[6-709, added 1963, ch. 158, sec. 4, p. 459.]
Idaho Code § 6-412 — Idaho Code / Title 6 / Chapter 4 / Section 6-412
6-412 QUIET TITLE ACTION — MAINTENANCE AGAINST JUDGMENT BARRED BY STATUTE OF LIMITATIONS.
Status: in_force

6-412. Quiet title action — Maintenance against judgment barred by statute of limitations. An action may be maintained to quiet title to lands against any judgment, the enforcement and collection of which is barred by the Statute of Limitations of the State of Idaho and which, except for the fact that its collection and enforcement is so barred by the Statute of Limitations, would constitute a lien upon said lands.

History:

[6-412, added 1951, ch. 117, sec. 2, p. 272.]
Idaho Code § 6-3501 — Idaho Code / Title 6 / Chapter 35 / Section 6-3501
6-3501 SHORT TITLE.
Status: in_force

6-3501. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Wrongful Conviction Act."

History:

[6-3501, added 2021, ch. 17, sec. 1, p. 38.]
Idaho Code § 6-324 — Idaho Code / Title 6 / Chapter 3 / Section 6-324
6-324 ATTORNEY FEES.
Status: in_force

6-324. Attorney fees. In any action brought under the provisions of this chapter, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney fees. For attorney fees to be awarded in cases requiring the three (3) days' notice as set forth in section 6-303 2., Idaho Code, it shall be necessary that the three (3) days' notice advise the tenant that attorney fees shall be awarded to the prevailing party.

History:

[6-324, added 1985, ch. 144, sec. 1, p. 389.]
Idaho Code § 6-546 — Idaho Code / Title 6 / Chapter 5 / Section 6-546
6-546 APPOINTMENT OF SINGLE REFEREE.
Status: in_force

6-546. Appointment of single referee. The court, with the consent of the parties, may appoint a single referee, instead of three (3) referees, in the proceedings under the provisions of this chapter, and the single referee, when thus appointed, has all the powers and may perform all the duties required of the three (3) referees.

History:

[(6-546) C.C.P. 1881, sec. 532; R.S., R.C., & C.L., sec. 4605; C.S., sec. 7021; I.C.A., sec. 9-546.]
Idaho Code § 6-2702 — Idaho Code / Title 6 / Chapter 27 / Section 6-2702
6-2702 LIMITATION OF LIABILITY ON SPORT SHOOTING ACTIVITIES.
Status: in_force

6-2702. Limitation of liability on sport shooting activities. (1) Except as provided in subsection (2) or (3) of this section, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor shall not be liable for any injury, including an injury causing death, to a participant engaged in sport shooting activities and, except as provided in subsection (2) or (3) of this section, no participant or participant's representative, may maintain an action against, or recover from, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor for an injury to, or the death of, a participant engaged in sport shooting activities.

(2) Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting range instructor:

(a) If the sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor:

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

(ii) Intentionally injures the participant;

(iii) Fails to exercise ordinary care in the sport shooting range operator's, sport shooting sponsor's, sport shooting official's or sport shooting instructor's own use of a firearm, airgun or archery equipment; or

(iv) Provides firearms, airguns or archery equipment to a participant and fails to exercise ordinary care to determine that the provided firearms, airguns or archery equipment are in a safe operating condition.

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

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

(d) Under the provisions of the Idaho worker's compensation law, section 72-101, Idaho Code, et seq.

(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator if a participant sustains an injury because of a dangerous latent condition which was known or should have been known to the sport shooting range operator and for which warning signs had not been conspicuously posted.

(4) Nothing in this section shall be construed to enlarge or otherwise adversely affect the liability of any party. This section shall not be construed to impair any defense and any other immunity or bar to a civil lawsuit shall remain in effect.

History:

[6-2702, added 2009, ch. 195, sec. 1, p. 629.]
Idaho Code § 6-3201 — Idaho Code / Title 6 / Chapter 32 / Section 6-3201
6-3201 DEFINITIONS.
Status: in_force

6-3201. DEFINITIONS. For purposes of this chapter:

(1) "Foreign defamation action" means a legal proceeding instituted in a jurisdiction outside of any state or territory of the United States which was founded on a cause of action arising from allegations of defamation, libel, or slander.

(2) "Foreign defamation judgment" means a judgment or decree rendered in a jurisdiction outside of any state or territory of the United States which was founded on a cause of action arising from allegations of defamation, libel, or slander.

History:

[6-3201, added 2019, ch. 293, sec. 1, p. 872.]
Idaho Code § 6-1607 — Idaho Code / Title 6 / Chapter 16 / Section 6-1607
6-1607 EMPLOYER LIABILITY FOR EMPLOYEE TORTS.
Status: in_force

6-1607. Employer liability for employee torts. (1) No employer shall be directly or indirectly liable in tort based upon an employer/employee relationship for any act or omission of an employee which occurs after the termination of the employee's employment unless it is shown by clear and convincing evidence that the acts or omissions of the employer itself constitute gross negligence or reckless, willful and wanton conduct as those standards are defined in section 6-904C, Idaho Code, and were a proximate cause of the damage sustained.

(2) There shall be a presumption that an employer is not liable in tort based upon an employer/employee relationship for any act or omission of a current employee unless the employee was wholly or partially engaged in the employer's business, reasonably appeared to be engaged in the employer's business, was on the employer's premises when the allegedly tortious act or omission of the employee occurred, or was otherwise under the direction or control of the employer when the act or omission occurred. This presumption may be rebutted only by clear and convincing evidence that the employer's acts or omissions constituted gross negligence or, reckless, willful and wanton conduct as those standards are defined in section 6-904C, Idaho Code, and were a proximate cause of the damage sustained.

(3) In every civil action to which this section applies, an employer shall have the right (pursuant to pretrial motion and after opportunity for discovery) to a hearing before the court in which the person asserting a claim against an employer must establish a reasonable likelihood of proving facts at trial sufficient to support a finding that liability for damages should be apportioned to the employer under the standards set forth in this section. If the court finds that this standard is not met, the claim against the employer shall be dismissed and the employer shall not be included on a special verdict form.

(4) Nothing in this section shall be construed to expand any rights of recovery under the common law or to limit any person's rights under any other statute including, but not limited to, chapter 59, title 67, Idaho Code, and title 72, Idaho Code.

History:

[6-1607, added 2000, ch. 210, sec. 2, p. 537.]
Idaho Code § 6-531 — Idaho Code / Title 6 / Chapter 5 / Section 6-531
6-531 NOTICE OF TERMS OF SALE.
Status: in_force

6-531. Notice of terms of sale. In all cases of sales of property the terms must be made known at the time; and if the premises consist of distinct farms or lots, they must be sold separately.

History:

[(6-531) C.C.P. 1881, sec. 517; R.S., R.C., & C.L., sec. 4590; C.S., sec. 7006; I.C.A., sec. 9-531.]
Idaho Code § 6-2212 — Idaho Code / Title 6 / Chapter 22 / Section 6-2212
6-2212 STATE SUPERVISION.
Status: in_force

6-2212. State supervision. When authorized by law, the district court, or the state board of education pursuant to section 33-909, Idaho Code, may issue an order for state supervision of a local school district. When an order for state supervision of a local school district is entered by the district court, the superintendent of public instruction shall within thirty-five (35) calendar days appoint, at local school district expense, an officer to be known as a district supervisor. When an order for state supervision of a local school district is entered by the state board of education, the district supervisor shall be appointed pursuant to section 33-909, Idaho Code, at local school district expense. The district supervisor shall have authority to approve or disapprove any actions of the board of the local school district, to supervise or dismiss superintendents, assistant superintendents, and any other district administrative personnel, and to take any actions necessary to further the local school district's obligations to provide constitutionally required educational services. In the case of appointment by the superintendent of public instruction, the district supervisor shall serve at the pleasure of the superintendent of public instruction until removed by the superintendent of public instruction or the superintendent of public instruction reports to the district court that the local school district is in substantial compliance with its obligations to provide constitutionally required educational services, or until the district court, upon its own motion or upon motion of any of the parties, orders state supervision to end. In the case of appointment by the state board of education, the district supervisor shall serve pursuant to section 33-909, Idaho Code.

History:

[6-2212, added 1996, ch. 258, sec. 1, p. 852; am. 2006, ch. 311, sec. 2, p. 958.]
Idaho Code § 6-308 — Idaho Code / Title 6 / Chapter 3 / Section 6-308
6-308 PARTIES DEFENDANT.
Status: in_force

6-308. Parties defendant. No person other than the tenant of the premises, and subtenant, if there be one, in the actual occupation of the premises when the notice herein provided for was served, need be made parties defendant in the proceeding, nor shall any proceeding abate nor the plaintiff be nonsuited for the nonjoinder of any persons who might have been made parties defendant; but when it appears that any of the parties served with process or appearing in the proceeding are guilty of the offense charged, judgment must be rendered against them. Any person who shall become a subtenant of the premises or any part thereof after the service of notice as provided in this chapter shall be bound by the judgment.

History:

[(6-308) C.C.P. 1881, sec. 802; R.S., R.C., & C.L., sec. 5098; C.S., sec. 7327; I.C.A., sec. 9-308; am. 2025, ch. 65, sec. 1, p. 312.]
Idaho Code § 6-544 — Idaho Code / Title 6 / Chapter 5 / Section 6-544
6-544 PARTITION WITHOUT ACTION — CONSENT OF GUARDIAN.
Status: in_force

6-544. Partition without action — Consent of guardian. The general guardian of an infant, and the guardian entitled to the custody and management of the estate of an incapacitated or protected person, or other person adjudged incapable of conducting his own affairs, who is interested in the real estate held in joint tenancy, or in common, or in any other manner so as to authorize his being made a party to an action for the partition thereof, may consent to a partition without action, and agree upon the share to be set off to such infant or other person entitled, and may execute a release in his behalf to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the court.

History:

[(6-544) C.C.P. 1881, sec. 530; R.S., R.C., & C.L., sec. 4603; C.S., sec. 7019; I.C.A., sec. 9-544; am. 2011, ch. 151, sec. 2, p. 415.]
Idaho Code § 6-918A — Idaho Code / Title 6 / Chapter 9 / Section 6-918A
6-918A ATTORNEYS' FEES.
Status: in_force

6-918A. Attorneys' fees. At the time and in the manner provided for fixing costs in civil actions, and at the discretion of the trial court, appropriate and reasonable attorney fees may be awarded to the claimant, the governmental entity or the employee of such governmental entity, as costs, in actions under this act, upon petition therefor and a showing, by clear and convincing evidence, that the party against whom or which such award is sought was guilty of bad faith in the commencement, conduct, maintenance or defense of the action. In no case shall such attorney fee award or any combination or total of such awards, together with other costs and money judgment or judgments for damages exceed, in the aggregate, the limitations on liability fixed by section 6-926, Idaho Code. The right to recover attorney fees in legal actions for money damages that come within the purview of this act shall be governed exclusively by the provisions of this act and not by any other statute or rule of court, except as may be hereafter expressly and specifically provided or authorized by duly enacted statute of the state of Idaho.

History:

[6-918A, added 1978, ch. 272, sec. 6, p. 633.]
Idaho Code § 6-3915 — Idaho Code / Title 6 / Chapter 39 / Section 6-3915
6-3915 SEVERABILITY.
Status: in_force

6-3915. severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.

History:

[6-3915, added 2025, ch. 17, sec. 1, p. 51.]
Idaho Code § 6-2207 — Idaho Code / Title 6 / Chapter 22 / Section 6-2207
6-2207 BENCH TRIAL.
Status: in_force

6-2207. Bench trial. When a complaint is filed against a school district pursuant to this chapter, trial shall be before the district court sitting without a jury.

History:

[6-2207, added 1996, ch. 258, sec. 1, p. 848.]
Idaho Code § 6-1009 — Idaho Code / Title 6 / Chapter 10 / Section 6-1009
6-1009 REPRESENTATION OF PARTIES BY COUNSEL.
Status: in_force

6-1009. Representation of parties by counsel. Parties may be represented by counsel in proceedings before such panels, though it shall not be required.

History:

[6-1009, added 1976, ch. 278, sec. 10, p. 956.]
Idaho Code § 6-403 — Idaho Code / Title 6 / Chapter 4 / Section 6-403
6-403 TERMINATION OF PLAINTIFF'S RIGHT.
Status: in_force

6-403. Termination of plaintiff's right. In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property.

History:

[(6-403) C.C.P. 1881, sec. 478; R.S., R.C., & C.L., sec. 4540; C.S., sec. 6963; I.C.A., sec. 9-403.]
Idaho Code § 6-2801 — Idaho Code / Title 6 / Chapter 28 / Section 6-2801
6-2801 DEFINITIONS.
Status: in_force

6-2801. definitions. As used in this chapter:

(1) "Emergency" means the occurrence or imminent threat of a condition threatening life or property which requires emergency assistance.

(2) "Emergency responder" means a person employed by or who is a bona fide member of a governmental entity of another state of the United States including, but not limited to, a legally organized law enforcement agency, a legally organized fire department or a licensed emergency medical service provider, and whose primary duty is to serve or protect the safety or life of any person or to protect property. Emergency responder includes, but is not limited to, peace officers, firefighters, ambulance attendants, emergency medical technicians, search and rescue personnel and park rangers.

History:

[6-2801, added 2010, ch. 138, sec. 1, p. 292.]
Idaho Code § 6-532 — Idaho Code / Title 6 / Chapter 5 / Section 6-532
6-532 PURCHASE BY REFEREES AND GUARDIANS PROHIBITED.
Status: in_force

6-532. Purchase by referees and guardians prohibited. Neither of the referees, nor any person for the benefit of either of them, can be interested in any purchase; nor can a guardian of an infant party be interested in the purchase of any real property being the subject of the action, except for the benefit of the infant. All sales contrary to the provisions of this section are void.

History:

[(6-532) C.C.P. 1881, sec. 518; R.S., R.C., & C.L., sec. 4591; C.S., sec. 7007; I.C.A., sec. 9-532.]
Idaho Code § 6-2502 — Idaho Code / Title 6 / Chapter 25 / Section 6-2502
6-2502 DEFINITIONS.
Status: in_force

6-2502. Definitions. Unless the context clearly requires otherwise, as used in this chapter:

(1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.

(2) "Association" means a homeowner's association, condominium management body, unit owner's organization or a nonprofit corporation created to own and operate portions of a planned community which has the power to assess unit owners to pay the costs and expenses incurred in the performance of the association's obligations.

(3) "Claimant" means a homeowner or association that asserts a claim against a construction professional concerning a defect in the construction of a residence or in the substantial remodel of a residence.

(4) "Construction professional" means any person with a right to lien pursuant to section 45-501, Idaho Code, an architect, subdivision owner or developer, builder, contractor, subcontractor, engineer or inspector, performing or furnishing the design, supervision, inspection, construction or observation of the construction of any improvement to residential real property, whether operating as a sole proprietor, partnership, corporation, limited liability company or other business entity.

(5) "Homeowner" means:

(a) Any person who contracts with a construction professional for the construction, sale, or construction and sale of a residence; and

(b) An association as defined in this section.

"Homeowner" includes a subsequent purchaser of a residence from any homeowner.

(6) "Person" means an individual, an association as defined in this section, or a corporation, business trust, estate, trust, partnership, limited liability company, joint venture or other legal business entity.

(7) "Residence" means a single-family house, duplex, triplex, quadraplex, condominium or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a cooperative system.

(8) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.

(9) "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half (1/2) of the assessed value of the residence for property tax purposes at the time the contract for the remodel work was made.

History:

[6-2502, added 2003, ch. 133, sec. 1, p. 386.]
Idaho Code § 6-105 — Idaho Code / Title 6 / Chapter 1 / Section 6-105
6-105 EXECUTION UNDER FORECLOSURE ON PROPERTY IN MORE THAN ONE COUNTY.
Status: in_force

6-105. Execution under foreclosure on property in more than one county. In all actions to foreclose a mortgage or other lien upon real property, where such real property is situated partly in one county and partly in another county, within the state of Idaho, the sheriff of the county in which such action is commenced and where the decree therein is rendered and entered, shall have the power and it is hereby made his duty to enforce execution issued upon such decree in the same manner as if the whole of such real property was situated in the county in which such action was commenced and where the decree therein was rendered and entered.

History:

[(6-105) 1909, p. 171, sec. 1; reen. C.L., sec. 4524; C.S., sec. 6953; I.C.A., sec. 9-105.]
Idaho Code § 6-2601 — Idaho Code / Title 6 / Chapter 26 / Section 6-2601
6-2601 SHORT TITLE.
Status: in_force

6-2601. Short title. This chapter shall be known and may be cited as the "Clandestine Drug Laboratory Cleanup Act."

History:

[6-2601, added 2005, ch. 215, sec. 1, p. 687.]
Idaho Code § 6-3301 — Idaho Code / Title 6 / Chapter 33 / Section 6-3301
6-3301 LEGISLATIVE PURPOSE.
Status: in_force

6-3301. Legislative purpose. The legislature finds that the sport of bicycling is practiced by a large number of citizens of this state at mountain areas and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inherent risks in the sport of bicycling that should be understood by each bicyclist and that are essentially impossible to eliminate by the mountain operators, it is the purpose of this chapter to define those areas of responsibility and affirmative acts for which mountain operators shall be liable for loss, damage, or injury and to define those risks that the bicyclist expressly assumes and for which there can be no recovery. Nothing in this chapter shall impact other defenses that may be raised by mountain operators against claims asserted by bicyclist.

History:

[6-3301, added 2020, ch. 329, sec. 1, p. 949.]
Idaho Code § 6-535 — Idaho Code / Title 6 / Chapter 5 / Section 6-535
6-535 LIENHOLDERS AS PURCHASERS.
Status: in_force

6-535. Lienholders as purchasers. When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him.

History:

[(6-535) C.C.P. 1881, sec. 521; R.S., R.C., & C.L., sec. 4594; C.S., sec. 7010; I.C.A., sec. 9-535.]
Idaho Code § 6-3804 — Idaho Code / Title 6 / Chapter 38 / Section 6-3804
6-3804 PRIVATE CAUSE OF ACTION.
Status: repealed

6-3804. PRIVATE CAUSE OF ACTION. (1) Any person exposed to material harmful to minors in violation of section 6-3803, Idaho Code, including the parent or guardian of a child exposed to material harmful to minors, has standing to bring a civil action against any person or entity that is liable under section 6-3803, Idaho Code, provided that no lawsuit may be brought under this section against a provider or a user of an interactive computer service if such lawsuit would be preempted by 47 U.S.C. 230(c).

(2) If a claimant prevails in an action brought under this section, the court shall award:

(a) Injunctive relief sufficient to prevent the defendant from engaging in the conduct described in section 6-3803, Idaho Code;

(b) Nominal and compensatory damages;

(c) Statutory damages in an amount no less than ten thousand dollars ($10,000); and

(d) Court costs and reasonable attorney's fees.

(3) Notwithstanding any other provision of law to the contrary, a person may bring an action under this section no later than four (4) years after the date the cause of action accrued.

(4) Notwithstanding any other provision of law to the contrary, the following shall not be a defense to an action brought under this section:

(a) Ignorance or mistake of law;

(b) A defendant's belief that the requirements or provisions of this chapter are unconstitutional or were unconstitutional;

(c) A defendant's reliance on any court decision that has been vacated, reversed, or overruled on appeal or by a subsequent court, even if that court decision had not been vacated, reversed, or overruled when the cause of action accrued;

(d) A defendant's reliance on any state or federal court decision that is not binding on the court in which the action has been brought;

(e) A defendant's reliance on any federal statute, agency rule or action, or treaty that has been repealed, superseded, or declared invalid or unconstitutional, even if that federal statute, agency rule or action, or treaty had not been repealed, superseded, or declared invalid or unconstitutional when the cause of action accrued;

(f) Nonmutual issue preclusion or nonmutual claim preclusion;

(g) Contributory or comparative negligence;

(h) Assumption of risk;

(i) Any claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional rights of third parties, except as provided by section 6-3805, Idaho Code.

(5) This chapter may not be construed to impose liability on speech or conduct protected by the first amendment to the constitution of the United States, as made applicable to the states through the supreme court of the United States' interpretation of the fourteenth amendment to the constitution of the United States, or by section 9, article I of the constitution of the state of Idaho.

(6)(a) Notwithstanding any other law to the contrary, neither the state nor any of its political subdivisions nor any district or county attorney, nor any officer or employee of this state or a political subdivision may:

(i) Act in concert or participation with anyone who brings suit under this section;

(ii) Establish or attempt to establish any type of agency or fiduciary relationship with a person who brings suit under this section;

(iii) Make any attempt to control or influence a person's decision to bring suit under this section or that person's conduct of the litigation; or

(iv) Intervene in any action brought under this section.

(b) This subsection does not prohibit a person or entity described by this subsection from filing an amicus curiae brief in the action as long as that person or entity does not act in concert or participation with the plaintiff or plaintiffs who sue under this section or violate any provision of this subsection.

(7) Notwithstanding any other provision of law to the contrary, a court may not award costs or attorney's fees to a litigant who is sued under this section.

(8) Notwithstanding any other provision of law to the contrary, a civil action under this section may not be brought against any person or entity in response to conduct taken at the behest of federal agencies, contractors, or employees that are carrying out duties under federal law if doing so would violate the doctrines of preemption or intergovernmental immunity.

(9) Notwithstanding any other provision of law to the contrary, including section 5-514, Idaho Code, the courts of this state shall have personal jurisdiction over any defendant sued under this chapter to the maximum extent permitted by the fourteenth amendment to the constitution of the United States.

(10) Notwithstanding any other provision of law to the contrary, the law of Idaho shall apply to any civil action brought under this section, to the maximum extent permitted by the constitution of the United States and the constitution of the state of Idaho.

(11) Notwithstanding any other provision of law to the contrary, including Idaho rule of civil procedure 77, a civil action under this section may not be litigated on behalf of a plaintiff class or a defendant class, and no court may certify a class under Idaho rule of civil procedure 77 in any civil action brought under this section.

(12) Any waiver or purported waiver of the right to sue under this section or chapter shall be void as against public policy and shall not be enforceable in any court.

History:

[6-3804, added 2024, ch. 113, sec. 1, p. 489.]
Idaho Code § 6-1202 — Idaho Code / Title 6 / Chapter 12 / Section 6-1202
6-1202 DEFINITIONS.
Status: in_force

6-1202. Definitions. (a) "Outfitter" shall include any individual, firm, partnership, corporation, or other organization or any combination thereof as defined in section 36-2102(b), Idaho Code.

(b) "Guide" shall include any person defined in section 36-2102(c), Idaho Code.

(c) "Participant" shall include any person using the services of an outfitter or guide licensed under chapter 21, title 36, Idaho Code.

History:

[6-1202, added 1979, ch. 317, sec. 1, p. 852.]
Idaho Code § 6-2101 — Idaho Code / Title 6 / Chapter 21 / Section 6-2101
6-2101 LEGISLATIVE INTENT.
Status: in_force

6-2101. Legislative intent. The legislature hereby finds, determines and declares that government constitutes a large proportion of the Idaho work force and that it is beneficial to the citizens of this state to protect the integrity of government by providing a legal cause of action for public employees who experience adverse action from their employer as a result of reporting waste and violations of a law, rule or regulation.

History:

[6-2101, added 1994, ch. 100, sec. 1, p. 227.]
Idaho Code § 6-914 — Idaho Code / Title 6 / Chapter 9 / Section 6-914
6-914 JURISDICTION — RULES OF PROCEDURE.
Status: in_force

6-914. Jurisdiction — Rules of procedure. The district court shall have jurisdiction over any action brought under this act and such actions shall be governed by the Idaho rules of civil procedure insofar as they are consistent with this act.

History:

[6-914, added 1971, ch. 150, sec. 14, p. 743.]
Idaho Code § 6-905 — Idaho Code / Title 6 / Chapter 9 / Section 6-905
6-905 FILING CLAIMS AGAINST STATE OR EMPLOYEE — TIME.
Status: in_force

6-905. Filing claims against state or employee — Time. All claims against the state arising under the provisions of this act and all claims against an employee of the state for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the secretary of state within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.

History:

[6-905, added 1971, ch. 150, sec. 5, p. 743; am. 1976, ch. 309, sec. 5, p. 1065; am. 1985, ch. 136, sec. 1, p. 373.]
Idaho Code § 6-202 — Idaho Code / Title 6 / Chapter 2 / Section 6-202
6-202 ACTIONS FOR CIVIL TRESPASS.
Status: in_force

6-202. Actions for civil trespass. (1) Definitions. As used in this section:

(a) "Crops" means field crops including, but not limited to, grains, feed crops, legumes, fruits and vegetables.

(b) "Cultivated land" means:

(i) Land whose soil is loosened or broken up for the raising of crops;

(ii) Land used for the raising of crops; or

(iii) Pasturage that is artificially irrigated.

(c) "Damage" means any injury or damage to real or personal property and includes, but is not limited to, any of the following actions, when conducted without lawful authority, the consent of the landowner or his agent, or a valid license:

(i) Cutting down or carrying off any wood, underbrush, tree or timber, or girdling or otherwise injuring any tree or timber on the land of another;

(ii) Severing from the property of another anything attached thereto, or the produce thereof;

(iii) Digging, taking or carrying away any earth, soil or stone from the property of another;

(iv) Tearing down or otherwise damaging any fence on the land of another, or opening any gate, bar or fence of another and leaving it open, or using the corral or corrals of another;

(v) Dumping trash or covering up in any manner the property of another;

(vi) The unprovoked, intentional killing or injuring of a domestic animal of another on his property;

(vii) Removing, mutilating, damaging or destroying any "no trespassing" signs or markers of similar meaning;

(viii) Going through or driving a motor vehicle, as defined in sections 49-114 and 49-123, Idaho Code, into, upon, over or through any cultivated lands; or

(ix) Injuring or killing livestock.

(d) "Enter" or "enters" means going upon or over real property either in person or by causing any object, substance or force to go upon or over real property.

(e) "Navigable streams" shall have the meaning set forth in section 36-1601, Idaho Code.

(f) "Permission" means written authorization from the owner or his agent to enter upon private land, which shall include the signature of the owner or his agent, the name of the person being given permission, the appropriate dates that the permission is valid and a general description of the property; or another form of permission or invitation recognized by law.

(g) "Remains" means to fail to depart from the real property of another immediately when notified to do so by the owner or his agent.

(2)(a) Acts constituting civil trespass. Any person who enters or remains upon the real property of another person without permission commits a civil trespass.

(b) Acts constituting civil trespass with damage. A person commits a civil trespass with damage when he enters or remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted, and causes damage to real or personal property in excess of one thousand dollars ($1,000). A person has reason to know that his presence is not permitted on real property that meets any of the following descriptions:

(i) The property is reasonably associated with a residence or place of business;

(ii) The property is cultivated;

(iii) The property is fenced or otherwise enclosed in a manner that a reasonable person would recognize as delineating a private property boundary. Provided, however, if the property adjoins or is contained within public lands, the fence line adjacent to public land is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at the corners of the fence adjoining public land and at all navigable streams, roads, gates and rights-of-way entering the private land from the public land, and is posted in a manner that a reasonable person would be put on notice that it is private land; or

(iv) The property is unfenced and uncultivated but is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at all property corners and boundaries where the property intersects navigable streams, roads, gates and rights-of-way entering the land, and is posted in a manner that a reasonable person would be put on notice that it is private land.

(3) Remedies.

(a) Civil trespass. Any person found liable for a civil trespass pursuant to subsection (2)(a) of this section shall be liable for the following damages:

(i) The greater of:

1. A damage award of five hundred dollars ($500); or

2. The amount of actual damages caused by the trespass;

(ii) Reasonable attorney's fees, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails; and

(iii) Reasonable costs associated with investigating any trespass, as approved by the court, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails.

(b) Civil trespass with damage. Any person found liable for a civil trespass with damage pursuant to subsection (2)(b) of this section shall be liable for the following damages and penalties:

(i) Treble the amount of actual damages caused by the trespass;

(ii) Reasonable attorney's fees, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails; and

(iii) Reasonable costs associated with investigating any trespass, as approved by the court, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails.

(c) If an action for civil trespass or civil trespass with damage is brought without foundation and the defendant prevails, the defendant may be awarded reasonable attorney's fees, which shall be taxed as costs.

Provided however, the owner or operator of any right-of-way or easement for any ditch, canal or other conduit governed by the provisions of chapter 11 or chapter 12, title 42, Idaho Code, or any rail carrier or aircraft who is found in violation of this section shall be liable only for actual damages and not for any treble damages, attorney's fees or investigation costs otherwise provided for under this subsection.

(4) All damages and penalties awarded pursuant to this section shall be remitted to the damaged party.

(5) Posting of navigable streams shall not prohibit access to navigable streams below the high-water mark pursuant to section 36-1601, Idaho Code.

(6) Subject to any rights or authorities described in subsection (7) of this section, a landowner or his agent may revoke permission granted under this section to another to enter or remain upon his property at any time, for any reason, orally, in writing, or by any other form of notice reasonably apparent to the permitted person or persons.

(7) A person has not committed the act of civil trespass under this section for entering or remaining upon real property if the person entered or remained on the property pursuant to any of the following rights or authorities:

(a) An established right of entry or occupancy of the real property in question, including, but not limited to:

(i) An invitation, whether express or implied, to enter or remain on real property including, but not limited to, the right to enter property that is, at the time, open to the public, if the person is in compliance with lawful conditions imposed on access;

(ii) A license to enter or remain on real property; or

(iii) A lease, easement, contract, privilege or other legal right to enter, remain upon, possess or use the real property;

(b) A lawful authority to enter onto or remain upon the real property in question, including, but not limited to:

(i) Any law enforcement officer during the course and scope of fulfilling his lawful duties;

(ii) Any paramedic, firefighter or other emergency personnel during the course and scope of fulfilling his lawful duties; or

(iii) Any licensed professional otherwise authorized to enter or remain on the real property during the course and scope of fulfilling his lawful duties; or

(c) Any other person with a legally prescribed right to enter or remain upon the real property in question.

(8) Examples of the exclusions in subsection (7) of this section include, but are not limited to, a customer entering and remaining in a store during business hours who has not been asked to depart by the property owner or his agent; a person knocking on a front door of a property that is not posted; a meter reader in the scope and course of his employment; a postal employee delivering mail or packages; power company personnel fixing downed power lines; a bail bondsman arresting a person who is in violation of a bail contract; a tenant in compliance with a valid lease; and the owner or operator of any right-of-way or easement for any ditch, canal or other conduit, acting pursuant to the provisions of chapter 11 or chapter 12, title 42, Idaho Code.

(9) The exclusions set forth in this section shall not relieve any person of civil or criminal liability pursuant to other applicable law for causing damage while entering or remaining on the property in question.

History:

[(6-202) C.C.P. 1881, sec. 473; R.S., R.C., & C.L., sec. 4531; C.S., sec. 6958; I.C.A., sec. 9-202; am. 1976, ch. 155, sec. 1, p. 553; am. 2013, ch. 62, sec. 2, p. 138; am. 2015, ch. 298, sec. 1, p. 1178; am. 2018, ch. 350, sec. 2, p. 825.]
Idaho Code § 6-3504 — Idaho Code / Title 6 / Chapter 35 / Section 6-3504
6-3504 CERTIFICATE OF INNOCENCE.
Status: in_force

6-3504. certificate of innocence. If the court finds that the claimant is entitled to a judgment pursuant to section 6-3502, Idaho Code, it shall enter a certificate of innocence finding that the claimant was innocent of all crimes for which the claimant was mistakenly convicted.

History:

[6-3504, added 2021, ch. 17, sec. 1, p. 40.]
Idaho Code § 6-1302 — Idaho Code / Title 6 / Chapter 13 / Section 6-1302
6-1302 DONORS AND GLEANERS EXEMPT FROM LIABILITY.
Status: in_force

6-1302. Donors and gleaners exempt from liability. Notwithstanding any other provision of law, the good faith donor of any perishable or nonperishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any perishable food apparently fit for human consumption, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness or intentional misconduct of the donor or gleaner.

Nothing in this section is intended to limit any liability on the part of a donee charitable or nonprofit organization accepting perishable food items.

This section includes the good faith donation of perishable or nonperishable food not readily marketable due to appearance, freshness, grade, surplus or other consideration, but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.

History:

[6-1302, added 1980, ch. 93, sec. 1, p. 203.]
Idaho Code § 6-101 — Idaho Code / Title 6 / Chapter 1 / Section 6-101
6-101 PROCEEDINGS IN FORECLOSURE — CONSTRUCTION OF SECTION — MEANING OF “ACTION” — EFFECT OF FORECLOSURE ON HOLDER OF UNRECORDED LIEN.
Status: in_force

6-101. Proceedings in foreclosure — Construction of section — Meaning of "action" — Effect of foreclosure on holder of unrecorded lien. (1) There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate which action must be in accordance with the provisions of this chapter. In such action the court may, by its judgment, direct a sale of the incumbered property (or so much thereof as may be necessary) and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale, and the amount due to the plaintiff; and sales of real estate under judgments of foreclosure of mortgages and liens are subject to redemption as in the case of sales under execution; (and if it appear from the sheriff's return that the proceeds are insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt), and it becomes a lien on the real estate of such judgment debtor, as in other cases on which execution may be issued.

(2) The provisions of this section must be construed in order to permit a secured creditor to realize upon collateral for a debt or other obligation agreed upon by the debtor and creditor.

(3) As used in this section, an "action" does not include any of the following acts or proceedings:

(a) To appoint a receiver for, or obtain possession of, any real or personal property collateral for the debt or other obligation;

(b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property;

(c) To enforce a mortgage or other lien upon any real or personal property collateral located outside of the state which is security for the same debt or other obligation;

(d) To secure a judgment outside of this state on a debt or other obligation secured by real property in this state and by real or personal property collateral located outside this state;

(e) For the exercise, pursuant to section 45-1505, Idaho Code, of a power of sale conferred pursuant to section 45-1503, Idaho Code;

(f) For the exercise of any right or remedy authorized by:

(i) The Idaho uniform commercial code, title 28, Idaho Code, except the securing of a judgment on the secured debt, including a deficiency judgment, in a court in Idaho; or

(ii) The uniform commercial code as enacted in any other state;

(g) For claim and delivery of personal property pursuant to chapter 3, title 8, Idaho Code;

(h) For the exercise of any right to set off a deposit account, or to enforce a pledge in a deposit account pursuant to a written agreement or pledge or to enforce a banker's lien;

(i) To draw under a letter of credit;

(j) To collect any debt, or enforce any obligation or right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other obligation or right secured by a senior mortgage or other senior lien on the property;

(k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt or other obligation;

(l) For filing a claim pursuant to the Idaho uniform probate code, title 15, Idaho Code, or to enforce such a claim which has been disallowed;

(m) Which does not include the collection of the debt or enforcement of the obligation or realization of the collateral securing the debt or other obligation;

(n) Which is exempted from the provisions of this section by specific statute;

(o) To recover costs of suit, costs and expenses of sale, attorney fees and other incidental relief in connection with any action authorized in this subsection.

(4) No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the commencement of the action, need be made a party to such action; and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been made a party to the action.

History:

[(6-101) C.C.P. 1881, sec. 468; R.S., R.C., & C.L., sec. 4520; C.S., sec. 6949; I.C.A., sec. 9-101; am. 1967, ch. 272, sec. 1, p. 745; am. 1993, ch. 281, sec. 1, p. 949.]
Idaho Code § 6-2209 — Idaho Code / Title 6 / Chapter 22 / Section 6-2209
6-2209 REMEDIES IN SUIT AGAINST DISTRICT — CONTINUING JURISDICTION.
Status: in_force

6-2209. Remedies in suit against district — Continuing jurisdiction. (1) If the district court finds that the local school district offers educational or other services not federally mandated and not constitutionally required, or offers some of the services that are constitutionally required in a manner that consumes more of the local school district's resources than necessary to provide the constitutionally required services that it does offer, it shall issue an order choosing from among the following remedies and retaining jurisdiction as required by this chapter. Any order accepting or modifying a consent agreement under subsection (2) of this section, accepting or modifying a plan under subsection (3) of this section, or directing school district action under subsection (4) of this section, shall be a final order for purposes of rehearing and appeal, but the filing of an appeal shall not itself stay the effect of the order, and the district court shall have continuing jurisdiction over compliance with the order or stay of the order unless stayed from continuing jurisdiction by the supreme court. The supreme court may stay the order or stay the district court's continuing jurisdiction over compliance with the order on such grounds as it finds appropriate.

(2) The parties shall be given a reasonable time not to exceed thirty-five (35) calendar days to attempt to enter into a consent agreement for meeting the local school district's obligations to provide constitutionally required educational services. If the parties cannot agree on a consent agreement within thirty-five (35) calendar days, the district court shall issue an order under subsection (3) or (4) of this section. If the parties submit a consent agreement, the district court shall independently review the consent agreement and may modify the consent agreement as it finds necessary in light of the local school district's obligations to provide constitutionally required educational services. Following review, the district court shall enter an order accepting, modifying or rejecting the consent agreement and retaining jurisdiction over the case. If the district court rejects the consent agreement, it shall issue an order under subsection (3) or (4) of this section. An order accepting or modifying the consent agreement may require the local school district to impose maintenance and operations levies, supplemental maintenance and operations levies and emergency fund levies in the maximum amount allowed by law without an election and to impose an educational necessity levy as authorized in this chapter and defined in section 6-2214, Idaho Code.

(3) The local school district shall be given a reasonable time not to exceed thirty-five (35) calendar days to submit a plan for meeting its obligations to provide constitutionally required educational services. If the local school district does not submit a plan within thirty-five (35) calendar days, the district court shall issue an order under subsection (2) or (4) of this section. If the local school district submits a plan, the district court shall independently review the plan and any of the parties' comments to the plan and may modify the plan as it finds necessary in light of the local school district's obligations to provide constitutionally required educational services. Following review, the district court shall enter an order accepting, modifying or rejecting the plan and retaining jurisdiction over the case. If the district court rejects the plan, it shall issue an order under subsection (2) or (4) of this section.

(4) The district court may issue any of the following orders:

(a) If the local school district offers educational or other services not federally mandated and not constitutionally required, the district court may enjoin the local school district from offering some or all of those services not federally mandated and not constitutionally required.

(b) If the local school district offers some of the services that are constitutionally required in a manner that consumes more of the local school district's resources than necessary to provide the constitutionally required services that it does offer, the district court may enjoin the local school district from offering some or all of the constitutionally required services in a manner that consumes more of the local district's resources than necessary.

(c) If the local school district does not impose a maintenance and operations levy, a supplemental maintenance and operations levy, and an emergency fund levy in the maximum amounts allowed by law without an election, or if the sum of the local school district's maintenance and operations levy, supplemental maintenance and operations levy, and emergency fund levy does not equal or exceed the maximum maintenance and operations levy and emergency fund levy that may be imposed by law plus the simple average supplemental maintenance and operations levy of all the school districts in the state, pursuant to section 6-2210, Idaho Code, the district court may order the local school district to impose maintenance and operations levies, supplemental maintenance and operations levies, and emergency fund levies in the maximum amount allowed by law without an election and to impose an educational necessity levy as authorized by this chapter.

(d) If the district court finds that any other order or mandate would assist the local school district in providing constitutionally required educational services, the district court may issue any order that it determines would assist the local school district in providing constitutionally required educational services.

History:

[6-2209, added 1996, ch. 258, sec. 1, p. 848.]
Idaho Code § 6-902A — Idaho Code / Title 6 / Chapter 9 / Section 6-902A
6-902A SUPERVISORY PHYSICIAN.
Status: in_force

6-902A. Supervisory physician. (1) For purposes of this chapter only, a supervisory physician shall be considered an employee.

(2) As used in this section:

(a) "Supervisory duties" means those administrative duties of a physician who supervises personnel affiliated with a licensed ambulance or nontransport service, including but not limited to disciplining and educating personnel, setting staffing levels, emergency medical services system design, establishing patient care guidelines and medical policies, compliance, establishing standing orders and protocols, reviewing performance of personnel, quality management and other reasonably necessary administrative duties.

(b) "Supervisory physician" means a physician licensed pursuant to chapter 18, title 54, Idaho Code, who supervises the activities of personnel affiliated with a licensed ambulance or nontransport service as described in chapter 9, title 46, Idaho Code, when the licensed ambulance or nontransport service is operated under the control of a governmental authority.

(3) The exceptions to liability set forth in sections 6-904, 6-904A and 6-904B, Idaho Code, shall not be applicable to a claim against a supervisory physician for failure to properly perform supervisory duties. The liability limit contained in section 6-926, Idaho Code, shall not be applicable to a claim against a supervisory physician for failure to properly perform supervisory duties to the extent that such supervisory physician is covered by liability insurance exceeding that limit.

(4) Claims against a supervisory physician for failure to properly perform supervisory duties shall not be subject to the requirements of chapter 10, title 6, Idaho Code.

History:

[6-902A, added 2007, ch. 103, sec. 1, p. 308; am. 2025, ch. 94, sec. 18, p. 460.]
Idaho Code § 6-212 — Idaho Code / Title 6 / Chapter 2 / Section 6-212
6-212 DAMAGES RECOVERED DEPOSITED INTO ENDOWMENT FUND.
Status: in_force

6-212. Damages recovered deposited into endowment fund. Any moneys so recovered shall in each instance be deposited in the endowment fund in which would be deposited the proceeds of the sale of the lands damaged were such lands sold by the State of Idaho.

History:

[6-212, added 1949, ch. 105, sec. 2, p. 194.]
Idaho Code § 6-507 — Idaho Code / Title 6 / Chapter 5 / Section 6-507
6-507 ANSWER.
Status: in_force

6-507. Answer. The defendants who have been personally served with the summons and a copy of the complaint, or who have appeared without such service, must set forth in their answers fully and particularly, the origin, nature and extent of their respective interests in the property, and if such defendants claim a lien on the property by mortgage, judgment or otherwise, they must state the original amount and date of the same, and the sum remaining due thereon, also whether the same has been secured in any other way or not; and if secured, the nature and extent of such security, or they are deemed to have waived their right to such lien.

History:

[(6-507) C.C.P. 1881, sec. 493; R.S., R.C., & C.L., sec. 4566; C.S., sec. 6982; I.C.A., sec. 9-507.]
Idaho Code § 6-801 — Idaho Code / Title 6 / Chapter 8 / Section 6-801
6-801 COMPARATIVE NEGLIGENCE OR COMPARATIVE RESPONSIBILITY — EFFECT OF CONTRIBUTORY NEGLIGENCE.
Status: in_force

6-801. Comparative negligence or comparative responsibility — Effect of contributory negligence. Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.

History:

[6-801, added 1971, ch. 186, sec. 1, p. 862; am. 1987, ch. 278, sec. 2, p. 577.]
Idaho Code § 6-924 — Idaho Code / Title 6 / Chapter 9 / Section 6-924
6-924 POLICY LIMITS — MINIMUM REQUIREMENTS.
Status: in_force

6-924. Policy limits — Minimum requirements. Every policy or contract of insurance or comprehensive liability plan of a governmental entity as permitted under the provisions of this chapter shall provide that the insurance carrier pay on behalf of the insured governmental entity or its employee to a limit of not less than five hundred thousand dollars ($500,000) for bodily or personal injury, death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants.

History:

[6-924, added 1971, ch. 150, sec. 24, p. 743; am. 1976, ch. 309, sec. 14, p. 1067; am. 1976, ch. 310, sec. 5, p. 1070; am. 1984, ch. 96, sec. 1, p. 221.]
Idaho Code § 6-3103 — Idaho Code / Title 6 / Chapter 31 / Section 6-3103
6-3103 APPLICABILITY.
Status: in_force

6-3103. APPLICABILITY. This chapter does not create or increase the liability of any possessor of real property and does not affect any other statutory or common law immunities from or defenses to civil liability to which a possessor of real property may be entitled.

History:

[6-3103, added 2018, ch. 350, sec. 4, p. 828.]
Idaho Code § 6-2211 — Idaho Code / Title 6 / Chapter 22 / Section 6-2211
6-2211 DISTRICT COURT'S CONTINUING JURISDICTION.
Status: in_force

6-2211. District court's continuing jurisdiction. When the district court has issued an order over which it has continuing jurisdiction under this chapter, the district court may review as necessary, but not less than annually, the question whether the local school district has complied with its obligation to offer constitutionally required educational services. Upon its review, the district court shall take the following actions:

(1) If the district court finds that the local school district has at that time complied with its obligation to provide constitutionally required educational services, it shall issue a declaratory judgment to that effect, and it may dissolve any orders previously in place as it finds appropriate.

(2) If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services, but is making good faith progress toward compliance with its obligations to provide constitutionally required educational services, it shall issue an interlocutory finding to that effect and continue its jurisdiction.

(3) If the district court finds that:

(a) The local school district has not yet complied with its obligations to provide constitutionally required educational services;

(b) The local school district does not offer educational or other services not federally mandated or constitutionally required;

(c) The local school district does not offer constitutionally required educational services in a manner that consumes more of the local school district's resources than necessary to provide the constitutionally required educational services that it does offer;

(d) The sum of the local school district's maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equals or exceeds the comparison made in section 6-2210(1), Idaho Code; and

(e) The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;

the district court shall issue an order authorizing the plaintiffs to add the state and/or the legislature as defendants.

(4) If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services and is not making good faith efforts toward substantial compliance, it shall continue its jurisdiction and may issue such orders as it finds necessary to compel good faith efforts on the local school district's part, including an order for state supervision.

History:

[6-2211, added 1996, ch. 258, sec. 1, p. 852.]
Idaho Code § 6-2107 — Idaho Code / Title 6 / Chapter 21 / Section 6-2107
6-2107 AWARD OF ATTORNEYS' FEES AND COSTS TO EMPLOYER — ACTION WITHOUT BASIS IN LAW OR FACT.
Status: in_force

6-2107. Award of attorneys' fees and costs to employer — Action without basis in law or fact. A court may also order that reasonable attorneys' fees and court costs be awarded to an employer if the court determines that an action brought by an employee under this chapter is without basis in law or in fact. However, an employee shall not be assessed attorneys' fees under this section if, after exercising reasonable and diligent efforts after filing a suit, the employee files a voluntary dismissal concerning the employer, within a reasonable time after determining that the employer would not be liable for damages.

History:

[6-2107, added 1994, ch. 100, sec. 1, p. 229.]