Idaho Code § 1-1108 — Idaho Code / Title 1 / Chapter 11 / Section 1-1108
1-1108 DEPUTY AND ASSISTANTS — APPOINTMENT, DUTIES AND COMPENSATION.
Status: in_force

1-1108. Deputy and assistants — Appointment, duties and compensation. When owing to the absence, vacation leave, sickness or other disability of the regular reporter, or when the business of the court demands it, the court may appoint a substitute or deputy court reporter to act in the place of the regular reporter during such absence, sickness or other disability of the regular reporter. Reporters shall accrue vacation leave and sick leave time and may take vacation leave time or sick leave time in the same manner as other employees of the court.

When in the opinion of the court, or of the judge thereof, the services of one (1) or more persons are required to assist in the making of transcripts of testimony, the court or judge may by order authorize the reporter to employ such persons as may be necessary to facilitate the work in order that transcripts may be prepared without delay. Such assistants shall be entitled to charge and receive for their services in the preparation of transcripts the fees allowed by law therefor, the same to be paid by the reporter from the money received by him for such work.

History:

[(1-1108) 1899, p. 163; am. 1907, p. 542, sec. 3; reen. R.C., sec. 3987; am. 1915, ch. 41, sec. 1, p. 122; compiled and reen. C.L., sec. 3987; C.S., sec. 6563; I.C.A., sec. 1-1108; am. 1998, ch. 409, sec. 1, p. 1266.]
Idaho Code § 1-2306 — Idaho Code / Title 1 / Chapter 23 / Section 1-2306
1-2306 ACTIONS BY OR AGAINST STATE OR LOCAL GOVERNMENT OFFICIALS OR AGENCIES.
Status: in_force

1-2306. Actions by or against state or local government officials or agencies. (1) Except as specifically provided in this subsection, the state of Idaho, any state agency, any political subdivision of the state of Idaho, city, county, taxing district, or public corporation, along with any official and employee thereof acting within their official capacity may be a party plaintiff or defendant in any small claims action otherwise allowed by law. Any state agency or other governmental entity which is a party to a small claims action may appear as provided in subsection (2) of this section. The governmental agency or entity may not appear through the office of the attorney general, notwithstanding the provisions of section 67-1401, Idaho Code, nor through any other attorney at law, whether an employee of the agency or entity or otherwise. No action may be prosecuted in the small claims department against the state of Idaho or any justice or judge thereof based upon any act or omission alleged to have been committed by the justice or judge while acting in an official capacity.

(2) Notwithstanding the provisions of section 1-2301, Idaho Code, a small claims action filed against the state of Idaho, or any agency thereof, or any official or employee of the state of Idaho while acting in an official capacity shall be filed in the county of the plaintiff's residence, or if the plaintiff is not a resident of the state of Idaho, in the county where the cause of action arose. In either case, the plaintiff, in addition to service on the defendant, shall serve the Idaho attorney general by certified or registered mail. Prior to appearing in the defense of any small claims action, the defendant public official, or chief executive officer of the defendant agency, with the advice of the attorney general, shall designate in writing the nonattorney employee or agent of the state who is authorized to appear in defense of the action. The written designation shall be filed with the court.

History:

[1-2306, added 2000, ch. 250, sec. 9, p. 706.]
Idaho Code § 1-402 — Idaho Code / Title 1 / Chapter 4 / Section 1-402
1-402 FEES.
Status: in_force

1-402. Fees. The clerk of the supreme court shall charge, demand and receive the following fees for services rendered in discharging the duties imposed upon him by law:

For filing an appeal in each civil case appealed to the supreme court, sixty-eight dollars ($68.00), to be paid by appellant or cross-appellant, such fee to be in full for all services rendered or to be rendered in filing papers, entering orders or judgments, recording opinion, issuing process and sending down remittitur, unless after the decision of the court has been rendered a petition for rehearing be presented, when a fee of sixty-one dollars ($61.00) shall be paid by the petitioner for filing such petition; for filing an application for any writ commencing an original action in said court, other than writs in habeas corpus or criminal proceedings, sixty-six dollars ($66.00), to be paid by the party presenting the application, in full for all services rendered or to be rendered, as hereinbefore designated, unless after the decision of the court a petition for rehearing be presented, when a fee of sixty-one dollars ($61.00) shall be paid by the petitioner for filing such petition, for each certificate given at request, and under seal, two dollars and fifty cents ($2.50); for copy of record, opinion of the court or other paper, an amount to be set by order of the supreme court, but an amount not less than the actual cost of preparing the copy; providing, that one (1) copy of every opinion or decision of the court shall be forthwith mailed to each litigant or his counsel in the suit or proceeding free of charge; for certificate of admission as an attorney including seal, oath and order, four dollars ($4.00); for administering oaths or affirmations, including jurat, two dollars and twenty-five cents ($2.25); for taking an acknowledgment or proof of a deed or other instrument, including seal and writing of the certificate, two dollars and fifty cents ($2.50).

History:

[(1-402) 1863, p. 475, sec. 103; R.S., sec. 262; R.C., sec. 213; am. 1917, ch. 18, sec. 1, p. 46; reen. C.L., sec. 213; C.S., sec. 190; I.C.A., sec. 1-402; am. 1941, ch. 151, sec. 1, p. 305; am. 1967, ch. 102, sec. 1, p. 211; am. 1981, ch. 238, sec. 2, p. 481; am. 1985, ch. 28, sec. 2, p. 51; am. 1988, ch. 24, sec. 1, p. 27; am. 1993, ch. 196, sec. 1, p. 535; am. 1996, ch. 256, sec. 1, p. 837.]
Idaho Code § 1-302 — Idaho Code / Title 1 / Chapter 3 / Section 1-302
1-302 DISTRICT JUDGE — DIRECTION TO SERVE IN ANOTHER DISTRICT.
Status: in_force

1-302. District judge — Direction to serve in another district. In order not to interrupt or delay the expeditious transaction and disposition of district court business in the several counties or judicial districts on account of the establishment of such Supreme Court commission, or whenever it is deemed necessary to expedite the court business of any judicial district, it shall be within the province and power of the Supreme Court, on application of any district judge, or of its own motion, to direct any district judge in the state to serve for a stated period, or for specific purposes in any county or district other than that for which he shall have been elected or appointed.

History:

[(1-302) 1923, ch. 11, sec. 2, p. 12; I.C.A., sec. 1-302.]
Idaho Code § 1-805 — Idaho Code / Title 1 / Chapter 8 / Section 1-805
1-805 FOURTH DISTRICT — NUMBER OF JUDGES — RESIDENT CHAMBERS.
Status: in_force

1-805. Fourth district — Number of judges — Resident chambers. (1) The fourth judicial district shall consist of the counties of Valley, Boise, Ada and Elmore.

(2) The fourth judicial district shall have thirteen (13) district judges.

(3) Resident chambers of the district judges of the fourth judicial district shall be established as follows:

(a) Twelve (12) resident chambers shall be established in Ada County; and

(b) One (1) resident chambers shall be established in Elmore County.

History:

[1-805, as reenacted 1967, ch. 5, sec. 1, p. 95; am. 1969, ch. 80, sec. 1, p. 233; am. 1976, ch. 19, sec. 1, p. 50; am. 1978, ch. 26, sec. 1, p. 52; am. 1982, ch. 102, sec. 1, p. 281; am. 1993, ch. 248, sec. 1, p. 870; am. 1998, ch. 94, sec. 1, p. 340; am. 2007, ch. 104, sec. 1, p. 308; am. 2013, ch. 38, sec. 2, p. 80; am. 2019, ch. 186, sec. 1, p. 593; am. 2022, ch. 54, sec. 1, p. 176.]
Idaho Code § 1-2305 — Idaho Code / Title 1 / Chapter 23 / Section 1-2305
1-2305 CONTENTS OF CLAIM.
Status: in_force

1-2305. Contents of claim. The claim shall contain the name of the plaintiff and the name of the defendant, followed by a statement, in brief and concise form, of the nature and amount of the claim and the time the claim accrued, and shall also state the address of the defendant, if known to the plaintiff.

History:

[1-2305, added 1969, ch. 103, sec. 5, p. 348; am. 2000, ch. 250, sec. 7, p. 706.]
Idaho Code § 1-215 — Idaho Code / Title 1 / Chapter 2 / Section 1-215
1-215 ASSIGNMENT OF JUSTICE PRO TEMPORE IN EVENT OF VACANCY, DISQUALIFICATION, DISABILITY OR ABSENCE.
Status: in_force

1-215. Assignment of justice pro tempore in event of vacancy, disqualification, disability or absence. (1) When there is a vacancy in any of the positions of justice of the supreme court, and until the vacancy is filled as provided by law, the supreme court may assign a senior justice of the supreme court, an active or senior judge of the court of appeals, an active or senior district judge, or an active or senior magistrate judge to sit in a cause before the supreme court.

(2) When a justice of the supreme court is disqualified from sitting in a cause before the supreme court or is unable to sit in such cause because of disability or absence, the supreme court may assign a senior justice of the supreme court, an active or senior judge of the court of appeals, an active or senior district judge, or an active or senior magistrate judge to sit in such cause.

(3) A senior justice of the supreme court, an active or senior judge of the court of appeals, an active or senior district judge, or an active or senior magistrate judge assigned pursuant to this section shall exercise all of the powers of a justice of the supreme court as to the cause upon which he or she is assigned to sit.

History:

[1-215, added 2008, ch. 34, sec. 1, p. 66.]
Idaho Code § 1-2407 — Idaho Code / Title 1 / Chapter 24 / Section 1-2407
1-2407 ADMINISTRATION — EMPLOYEES AND CLERICAL ASSISTANCE FOR COURT — OFFICIAL SEAL AND COURT OF RECORD — PLACE OF SESSIONS.
Status: in_force

1-2407. Administration — Employees and clerical assistance for court — Official seal and court of record — Place of sessions. (1) The court of appeals shall be subject to the administrative policies and procedures which may be established by the supreme court.

(2) Appointment of employees by the court of appeals shall be governed by personnel policies approved by rule of the supreme court.

(3) The clerk of the supreme court shall be the clerk of the court of appeals.

(4) The court of appeals shall have an official seal and shall be a court of record.

(5) The principal office of the court of appeals and chambers of its judges, except those serving pursuant to section 1-2405, Idaho Code, shall be at Boise, Idaho.

(6) The court of appeals shall sit in Boise, but also may sit in such other places as it considers convenient for the conduct of its business.

(7) All proceedings of the court of appeals shall be governed by rules of the supreme court and by rules of the court of appeals approved by the supreme court.

History:

[1-2407, added 1980, ch. 245, sec. 1, p. 567.]
Idaho Code § 1-1105 — Idaho Code / Title 1 / Chapter 11 / Section 1-1105
1-1105 COPY OF RECORD — EFFECT — CHARGE FOR FURNISHING.
Status: in_force

1-1105. Copy of record — Effect — Charge for furnishing. (1) It shall be the duty of each reporter to furnish, upon order of the court entered upon written application being made therefor by any attorney of record in a suit, or any party to a suit, in which a stenographic record has been made, a typewritten copy, or copies, of the record, or any part thereof, upon the payment by such attorney, or party, of the cost thereof, as provided in subsection (2) of this section, to such reporter, which payment shall be retained by the reporter as a part of his compensation and in addition to his salary allowed by section 1-1102, Idaho Code. Said copy, or copies, shall, when properly certified by said reporter, constitute prima facie the minutes of the court, and may be used on all motions for new trials, review or appeal, when the minutes of the court may be used; and the cost of which may, when the same is used on review or appeal, be charged as costs in a civil case against the party finally defeated in the action.

(2) That in all actions such reporter shall charge and receive, and retain as provided in subsection (1) of this section, three dollars and twenty-five cents ($3.25) per page for the transcript to be prepared in the style and with the number of copies as directed by rule of the supreme court; provided, however, that when such transcript is requested by a defendant or his attorney on an appeal in a criminal action where after conviction, it appears to the satisfaction of the district court that the accused is poor and unable to procure such transcript, the court must direct payment to such court reporter of the page charge in this subsection provided by the state public defender.

History:

[1-1105, added 1890-1891, p. 233, sec. 5; am. 1895, p. 69, sec. 1; reen. 1899, p. 163, sec. 5; am. 1907, p. 542, sec. 2; reen. R.C. & C.L., sec. 3984; C.S., sec. 656D; am. 1925, ch. 111, sec. 1, p. 157; I.C.A., sec. 1-1105; am. 1949, ch. 255, sec. 2, p. 515; am. 1951, ch. 210, sec. 1, p. 438; am. 1963, ch. 98, sec. 1, p. 316; am. 1973, ch. 171, sec. 5, p. 360; am. 1976, ch. 239, sec. 1, p. 832; am. 1980, ch. 292, sec. 1, p. 762; am. 1999, ch. 71, sec. 1, p. 193; am. 2025, ch. 329, sec. 2, p. 1355.]
Idaho Code § 1-213 — Idaho Code / Title 1 / Chapter 2 / Section 1-213
1-213 DUTY TO MAKE RULES — LIMITATION.
Status: in_force

1-213. Duty to make rules — Limitation. (1) The supreme court shall prescribe, by general rules, for all the courts of Idaho, the forms of process, writs, pleadings and motions, the manner of service, time for appearance, and the practice and procedure in all actions and proceedings. Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant.

(2) The Idaho legislature may review any court rules, including but not limited to the Idaho rules of family law procedure, the Idaho court administrative rules, or the Idaho juvenile rules. Upon any finding of conflict between court rule and Idaho Code, of rules abridging, enlarging, or modifying substantive rights, the legislature shall advise the supreme court of such conflict through a house or senate resolution.

History:

[1-213, added 1941, ch. 90, sec. 2, p. 163; am. 2026, ch. 69, sec. 1, p. 293.]
Idaho Code § 1-2210 — Idaho Code / Title 1 / Chapter 22 / Section 1-2210
1-2210 ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS.
Status: in_force

1-2210. Assignments restricted to magistrates who are attorneys. (1) The supreme court by rule may specify additional categories of matters assignable to magistrates, except that the following matters may not be assigned to magistrates who are not attorneys:

(a) Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act;

(b) Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors;

(c) All proceedings involving the custody of minors and all habeas corpus proceedings;

(d) Proceedings for divorce, separate maintenance or annulment; and

(e) Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver.

(2) The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.

History:

[1-2210, added 1969, ch. 104, sec. 10, p. 353; am. 1972, ch. 36, sec. 2, p. 55; am. 1972, ch. 313, sec. 1, p. 775; am. 1981, ch. 180, sec. 2, p. 316; am. 1992, ch. 74, sec. 2, p. 211; am. 2000, ch. 250, sec. 2, p. 704; am. 2002, ch. 95, sec. 1, p. 263; am. 2006, ch. 263, sec. 2, p. 816.]
Idaho Code § 1-1901 — Idaho Code / Title 1 / Chapter 19 / Section 1-1901
1-1901 POWERS OF JUDICIAL OFFICERS.
Status: in_force

1-1901. Powers of judicial officers. Every judicial officer has power:

1. To preserve and enforce order in his immediate presence, and in the proceedings before him, when he is engaged in the performance of an official duty.

2. To compel obedience to his lawful orders, as provided in this code.

3. To compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided in this code.

4. To administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers and duties.

History:

[(1-1901) C.C.P. 1881, sec. 64; R.S., R.C., & C.L., sec. 3911; C.S., sec. 6503; I.C.A., sec. 1-1901.]
Idaho Code § 1-2101 — Idaho Code / Title 1 / Chapter 21 / Section 1-2101
1-2101 JUDICIAL COUNCIL — CREATION — MEMBERSHIP — APPOINTMENTS — VACANCIES.
Status: in_force

1-2101. Judicial council — Creation — Membership — Appointments — Vacancies. (1) There is hereby created a judicial council that shall consist of nine (9) members. There shall be four (4) attorney members, one (1) of whom shall be a district judge, one (1) of whom shall be a magistrate judge, and two (2) of whom shall be members of the Idaho state bar. The district judge and magistrate judge members shall be appointed by the governor from a list of three (3) judges for each position submitted to the governor by the Idaho supreme court from the roster of judges currently serving as full-time judges in the state of Idaho with the consent of the senate. The two (2) nonjudicial attorney positions may be held by attorneys with any type of practice, provided they shall not both be attorneys whose practice as certified by them at the time of their appointment is predominantly civil defense, predominantly representing civil plaintiffs, predominantly criminal defense, or predominantly criminal prosecution. For each of the nonjudicial attorney positions, the Idaho state bar shall nominate from its membership and submit to the governor a list of three (3) attorneys who meet the criteria of this section. The governor shall select one (1) such attorney for each vacancy for appointment to the judicial council with the consent of the senate. There shall be four (4) non-attorney members that shall be appointed by the governor from the residents of the state of Idaho with the consent of the senate. If any of the above appointments are made during a recess of the senate, they shall be subject to consent of the senate at its next session. The term of office for an appointed member of the judicial council shall be four (4) years. Vacancies shall be filled for the unexpired term in like manner. Appointments shall be made with due consideration for area representation and not more than five (5) of the appointed members shall be from one (1) political party. The chief justice of the supreme court shall be the ninth member and chairman of the judicial council. No more than two (2) of the nonjudicial members of the judicial council may hold any other office or position of profit under the United States or the state of Idaho. The judicial council shall act by concurrence of five (5) or more members and according to rules that it adopts.

(2) In selecting nonjudicial attorneys to nominate for membership on the judicial council, the Idaho state bar commission shall solicit applications from members of the state bar who are eligible for nomination as provided in subsection (1) of this section and shall make a good faith effort to solicit feedback on such attorneys to determine each applicant's appropriateness to serve on the council.

(3) Members serving on the judicial council and confirmed by the senate as of July 1, 2023, shall continue to serve until the expiration of their terms. All subsequent appointments shall be made subject to the requirements of this section, provided that the length of the initial terms of the additional members added to the council by this act may be less than four (4) years as designated by the governor in his appointment in order to as nearly as practicable stagger the terms of newly appointed members and those currently serving in order to promote continuity and avoid disproportionate council turnover in any given year. Subsequent terms thereafter shall be for four (4) years as required in this section.

History:

[1-2101, added 1967, ch. 67, sec. 1, p. 153; am. 1990, ch. 71, sec. 1, p. 153; am. 2023, ch. 210, sec. 1, p. 585.]
Idaho Code § 1-214 — Idaho Code / Title 1 / Chapter 2 / Section 1-214
1-214 ASSISTANCE IN FORMULATION OF RULES.
Status: in_force

1-214. Assistance in formulation of rules. The Supreme Court is hereby authorized to appoint from among the district judges of Idaho and the members of the organized bar of Idaho such persons as it deems advisable to assist it in the formulation of such rules.

History:

[1-214, added 1941, ch. 90, sec. 3, p. 163.]
Idaho Code § 1-2409 — Idaho Code / Title 1 / Chapter 24 / Section 1-2409
1-2409 REVIEW OF DECISIONS OF COURT OF APPEALS.
Status: in_force

1-2409. Review of decisions of court of appeals. Any party in interest who is aggrieved by a decision of the court of appeals may petition the supreme court, within twenty-one (21) days following said decision, for review of the decision. The supreme court may, in its discretion, grant such petition. Review of decisions of the court of appeals shall be governed by the rules of the supreme court.

History:

[1-2409, added 1980, ch. 245, sec. 1, p. 568; am. 1981, ch. 271, sec. 4, p. 574.]
Idaho Code § 1-1613 — Idaho Code / Title 1 / Chapter 16 / Section 1-1613
1-1613 FACILITIES AND EQUIPMENT PROVIDED BY COUNTY.
Status: in_force

1-1613. Facilities and equipment provided by county. Each county in the state shall provide suitable and adequate facilities for the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and shall provide for the staff, personnel, supplies, and other expenses of the district court.

History:

[1-1613, added 1976, ch. 133, sec. 2, p. 501.]
Idaho Code § 1-1106 — Idaho Code / Title 1 / Chapter 11 / Section 1-1106
1-1106 DELIVERY OF COPY.
Status: in_force

1-1106. Delivery of copy. It shall be the duty of the reporter to deliver said copy within thirty days after being requested.

History:

[(1-1106) 1890-1891, p. 233, sec. 6; reen. 1899, p. 163, sec. 6; reen. R.C. & C.L., sec. 3985; C.S., sec. 6561; I.C.A., sec. 1-1106.]