reglab/housing_qa huggingface dataset:
ID Code § 1-2301A (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2301A - DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS — CIVIL LIABILITY.

1-2301A. DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS — CIVIL LIABILITY. In any action filed in the small claims department against a person who makes any check, draft or order for the payment of money which has been dishonored for lack of funds or credit to pay the same, or because the maker has no account with the drawee, the plaintiff, or a collection agency with a license issued to it pursuant to section 26-2225, Idaho Code, which is attempting to collect the dishonored check under a written agreement with the payee or holder of the check, may recover from the defendant the amount of the check, draft or order and, in addition thereto, the greater of the amount of one hundred dollars ($100) or three (3) times the amount for which the check, draft or order is drawn. Except as provided in section 1-2304, Idaho Code, the plaintiff or collection agency may recover no other costs, fees, charges or damages. However, damages recovered under the provisions of this section shall not exceed by more than five hundred dollars ($500) the value of the check, draft or order and may be awarded only if the plaintiff made written demand of the defendant for payment of the amount of the check, draft or order not less than ten (10) days before commencing the action, and if the defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than the amount demanded. The written demand required by this section shall be sent to the maker by certified mail at his last known address, or by regular mail, supported by an affidavit of service by mailing, to the address printed or written on the check as provided in section 28-22-106, Idaho Code, in which case the demand shall be deemed conclusive three (3) days following the date the affidavit is executed. The written demand shall fully advise the maker of the check, draft, or order of the consequences of failure to make prompt payment under this section. The plaintiff or collection agency must show proof of service by producing a copy of a signed return receipt or affidavit of personal service.  History: [(1-2301A) 18-3107, added 1982, ch. 156, sec. 1, p. 422; am. and redesignated as sec. 1-2301A, 1983, ch. 192, sec. 2, p. 521; am. 1996, ch. 373, sec. 1, p. 1269; am. 1999, ch. 115, sec. 1, p. 349; am. 2001, ch. 22, sec. 1, p. 28; am. 2002, ch. 288, sec. 1, p. 834; am. 2008, ch. 347, sec. 32, p. 958.]
ID Code § 1-2302 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2302 - COMMENCEMENT OF ACTIONS.

1-2302. COMMENCEMENT OF ACTIONS. Actions in such small claims department shall be deemed commenced by the plaintiff subscribing to, verifying and filing a claim as hereinafter provided.  History: [1-2302, added 1969, ch. 103, sec. 2, p. 348.]
ID Code § 1-2303 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2303 - FILING OF CLAIM — DEFAULT.

1-2303. FILING OF CLAIM — DEFAULT. (1) Upon filing a claim, the clerk shall furnish to the plaintiff a form of answer and instructions to the defendant, which among other matters shall advise the defendant that if the defendant desires to have a hearing on the matter, the defendant must sign, complete and file the answer with the clerk. The instructions also shall notify the defendant that if the defendant does not sign and file the answer within twenty-one (21) days from the date of service on the defendant, judgment will be entered as requested in the claim. (2) If no answer is filed within twenty-one (21) days, judgment may be entered by the court as provided in Rule 55, I.R.C.P. If an answer is filed by the defendant, the court shall set the matter for trial or mediation by notice mailed to each party. (3) The court shall collect in advance upon each claim the sum of thirty-three dollars ($33.00), which shall be in addition to the costs necessary to effect service of the claim upon the defendant. This fee shall be distributed as follows: seven dollars ($7.00) shall be paid to the county treasurer for deposit in the district court fund of the county; six dollars ($6.00) shall be paid to the county treasurer who shall, within five (5) days after the end of the month, pay such fee to the state treasurer for deposit in the senior magistrate judges fund; and twenty dollars ($20.00) shall be paid to the county treasurer who shall, within five (5) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.  History: [1-2303, added 2000, ch. 250, sec. 5, p. 705; am. 2009, ch. 80, sec. 1, p. 221; am. 2014, ch. 190, sec. 2, p. 507; am. 2018, ch. 126, sec. 1, p. 265.]
ID Code § 1-2304 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2304 - SERVICE OF PROCESS — SERVICE BY MAIL.

1-2304. SERVICE OF PROCESS — SERVICE BY MAIL. (1) A summons, copy of the claim, form of answer and instructions to defendant shall be served upon the defendant by personal service in the manner provided by law, or when a request is made therefor by the plaintiff, service of process may be made upon the defendant by mail, as herein provided. (2) The plaintiff may request service upon the defendant by mail by endorsing his request in writing upon the claim, which request shall include the address to be used in mailing. The court shall mail to the defendant at the address given in the endorsement a summons, copy of the claim, form of answer and instructions to the defendant. Service of process by mail shall be made by registered or certified mail, return receipt requested, and shall be complete upon the return of the receipt signed by the defendant to the court. The signature of the defendant on the return receipt shall constitute prima facie proof of service by mail. The plaintiff shall bear the cost of service of process by mail. (3) The costs to plaintiff for personal service of process on the defendant, in addition to the filing fee provided in section 1-2303, Idaho Code, shall be added to any judgment for the plaintiff.  History: [1-2304, added 2000, ch. 250, sec. 6, p. 705.]
ID Code § 1-2305 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2305 - CONTENTS OF CLAIM.

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.]
ID Code § 1-2306 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2306 - ACTIONS BY OR AGAINST STATE OR LOCAL GOVERNMENT OFFICIALS OR AGENCIES.

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.]
ID Code § 1-2307 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2307 - ATTORNEYS AT LAW — COLLECTION AGENCIES — WITNESSES AND EVIDENCE — JUDGMENT.

1-2307. ATTORNEYS AT LAW — COLLECTION AGENCIES — WITNESSES AND EVIDENCE — JUDGMENT. [(1)] It shall not be necessary to summon witnesses, but the plaintiff and defendant in any claim shall have the privilege of offering evidence in their behalf, themselves and witnesses appearing at such hearing, and being duly sworn as in other cases, and the magistrate shall render and enter judgment as in other cases. No attorney at law shall appear before the court on behalf of any party at any trial, pretrial matter or posttrial motion in the small claims department; provided however, that nothing herein shall be construed to prevent an attorney at law from providing a party with legal advice concerning the issues in a case or the preparation or presentation of the case, including the preparation of exhibits, affidavits, or memoranda to be presented by the party to the action. An attorney may appear in any proceeding after entry of a small claims judgment relating to the execution of the judgment, including any proceeding for the examination of the judgment debtor in aid of execution of the judgment. Any attorney at law or law firm may be a party to a small claims proceeding and may prosecute any claim the attorney or law firm may have, except any claim obtained by assignment, and may appear before the court as any other plaintiff or defendant in the case. (2) In any case in which a business organization is a party including, without limitation, a corporation, whether nonprofit or for profit, partnership, professional association or sole proprietorship, no person shall represent the organization except an owner of a substantial interest in the organization or any nonattorney employee of the organization. At the option of the business organization, the same owner or nonattorney employee may represent the business organization in any trial de novo on appeal to the magistrate division and the organization shall not be required to appear through an attorney at law. (3) Any assignee of a debt or claim triable in the small claims department, including any licensed collection agency, may bring an action in small claims court; provided however, that no attorney at law who is an assignee of the debt or claim may appear before the small claims court.  History: [(1-2307) 1-2308, added 1969, ch. 103, sec. 8, p. 348; am. 1991, ch. 291, sec. 1, p. 751; am. 1996, ch. 373, sec. 3, p. 1270; am. and redesig. 2000, ch. 250, sec. 10, p. 707.]
ID Code § 1-2309 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2309 - OTHER FORMAL PLEADINGS NOT NECESSARY — SPEEDY TRIAL — RESTRICTION ON EXECUTORY WRITS.

1-2309. OTHER FORMAL PLEADINGS NOT NECESSARY — SPEEDY TRIAL — RESTRICTION ON EXECUTORY WRITS. No formal pleading other than the said claim and notice shall be necessary to define the issue between the parties, and the hearing and disposition of all such actions shall be informal with the sole object of dispensing speedy and quick justice between the litigants, provided, however, that no attachment, garnishment or execution shall issue from the small claims department on any claim except as hereinafter provided.  History: [1-2309, added 1969, ch. 103, sec. 9, p. 348.]
ID Code § 1-2310 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2310 - JUDGMENT AGAINST DEFENDANT.

1-2310. JUDGMENT AGAINST DEFENDANT. If the judgment or order shall be against the defendant, it shall be his duty to pay the same forthwith or execution may ensue as in other cases. On and after sixty (60) days from the date judgment is rendered, the plaintiff shall be entitled to receive, in addition to the amount awarded in the judgment, attorney’s fees and all documented costs associated with collection of the judgment. Such attorney’s fees and costs shall be set by the court following the filing of a memorandum of attorney’s fees and costs with notice to all parties and hearing.  History: [1-2310, added 1969, ch. 103, sec. 10, p. 348; am. 2006, ch. 263, sec. 4, p. 817.]
ID Code § 1-2311 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2311 - APPEAL TO LAWYER MAGISTRATE.

1-2311. APPEAL TO LAWYER MAGISTRATE. If either party is dissatisfied he may, within thirty (30) days from the entry of said judgment against him, appeal to a lawyer magistrate other than the magistrate who entered said judgment; and if the final judgment is rendered against him by such lawyer magistrate, then he shall pay, in addition to any judgment rendered in the magistrate’s division, an attorney’s fee to the prevailing party in the sum of twenty-five dollars ($25.00), provided, however, that appeals from such small claims department shall only be allowed in such cases as appeals would be allowed if the action were instituted in the magistrate’s division as is now provided, and further provided that the appeal shall be heard in the county wherein the original small claim was filed. A fee of twenty dollars ($20.00) shall be paid by the party taking the appeal, which shall be paid to the county treasurer who shall, within five (5) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.  History: [1-2311, added 1969, ch. 103, sec. 11, p. 348; am. 1985, ch. 167, sec. 1, p. 443; am. 2014, ch. 190, sec. 3, p. 508.]
ID Code § 1-2312 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2312 - FORM FOR APPEAL — FILING AND DISPOSITION.

1-2312. FORM FOR APPEAL — FILING AND DISPOSITION. An appeal from the small claims department may be in the following terms: In the Magistrate’s Division of the District Court for …. County, Idaho, …. Plaintiff, vs. …., Defendant. Comes now …., resident of …. County, Idaho and appeals from the decision of the small claims department of the magistrate’s division for …. County, Idaho, wherein a judgment for …. dollars was awarded against him on the …. day of …., …..     Such appeal shall be filed with the magistrate’s division. Such appeal shall be tried in the magistrate’s division without any other pleadings than those required in the small claims department originally trying the cause, all papers in the case shall be certified to said lawyer magistrate as is now provided by law in other cases of appeals in civil actions in the magistrate’s division, provided, however, that said lawyer magistrate may require such other or further statements and information as he may deem necessary for the proper consideration of said controversy.  History: [1-2312, added 1969, ch. 103, sec. 12, p. 348; am. 1985, ch. 167, sec. 2, p. 444; am. 2002, ch. 32, sec. 1, p. 47.]
ID Code § 1-2313 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2313 - JUDGMENT — ENTRY ON DOCKET — ENFORCEMENT.

1-2313. JUDGMENT — ENTRY ON DOCKET — ENFORCEMENT. If no appeal is taken by the defendant and the defendant fails to pay the judgment according to the terms and conditions thereof, the magistrate before whom such hearing was had, may, on application of the plaintiff, certify such judgment in substantially the following form: In the Magistrate’s Division of the District Court for …. County, Idaho Plaintiff …………………….  v. Defendant …………………….   In the Small Claims Department This is to certify that in a certain action before me, the undersigned, had on this the …. day of …., 20.., wherein …. was plaintiff and …. was defendant, jurisdiction of said defendant having had by personal service (or otherwise), as provided by law, I then and there entered judgment against said defendant in the sum of …. dollars, which judgment has not been paid.   Witness my hand this …. day of …., 20…    …………………….   The magistrate of said magistrate’s division shall forthwith enter such judgment transcript on the judgment docket of such magistrate’s division, and thereafter execution and other process on execution provided by law may issue thereon, as obtains in other cases of judgments of magistrate’s division, and a transcript of such judgments may be filed and entered in judgment lien dockets in district courts with like effect as in other cases.  History: [1-2313, added 1969, ch. 103, sec. 13, p. 348; am. 2000, ch. 250, sec. 11, p. 708.]
ID Code § 1-2314 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2314 - SEPARATE DOCKET FOR SMALL CLAIMS DEPARTMENT.

1-2314. SEPARATE DOCKET FOR SMALL CLAIMS DEPARTMENT. Each magistrate shall keep a separate docket for the small claims department of his division in which he shall make a permanent record of all proceedings, orders and judgments had and made in such small claims department.  History: [1-2314, added 1969, ch. 103, sec. 14, p. 348.]
ID Code § 1-2315 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION|Section 1-2315 - JURY TRIAL NOT ALLOWED.

1-2315. JURY TRIAL NOT ALLOWED. No party may have his cause heard before a jury in the small claims department of the magistrate’s division of the district court.  History: [1-2315, added 1969, ch. 103, sec. 15, p. 348.]
ID Code § 1-2401 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 24 - COURT OF APPEALS|Section 1-2401 - SHORT TITLE.

1-2401. SHORT TITLE. This act shall be know [known] and may be cited as the "Idaho Court of Appeals Act."  History: [1-2401, added 1980, ch. 245, sec. 1, p. 565.]
ID Code § 1-2402 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 24 - COURT OF APPEALS|Section 1-2402 - STATEMENT OF INTENT.

1-2402. STATEMENT OF INTENT. It is hereby declared that the purpose of this act is to create an appellate court subordinate to the Idaho supreme court, to be known as the Idaho court of appeals.  History: [1-2402, added 1980, ch. 245, sec. 1, p. 565.]
ID Code § 1-2403 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 24 - COURT OF APPEALS|Section 1-2403 - COURT OF APPEALS ESTABLISHED — ADMINISTRATION AND SUPERVISION.

1-2403. COURT OF APPEALS ESTABLISHED — ADMINISTRATION AND SUPERVISION. There is hereby created the Idaho court of appeals. The court of appeals shall be part of the judicial branch of government and shall be subject to administration and supervision by the supreme court of Idaho pursuant to article 5, section 2 of the Idaho constitution.  History: [1-2403, added 1980, ch. 245, sec. 1, p. 565.]
ID Code § 1-2405 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 24 - COURT OF APPEALS|Section 1-2405 - INTERIM AND SUPPLEMENTAL MEMBERSHIP OF COURT OF APPEALS.

1-2405. INTERIM AND SUPPLEMENTAL MEMBERSHIP OF COURT OF APPEALS. (1) Commencing July 1, 1981, until funds have been appropriated for, and the governor has filled by appointment, three (3) positions on the Idaho court of appeals, and continuing thereafter as needed, the supreme court may provide for the assignment of active or senior district judges, active or senior attorney magistrate judges, senior justices of the supreme court and senior judges of the court of appeals to serve on a panel of the court of appeals. Assignments may be made for a time certain, for a term of court, or specifically for one (1) or more cases on the docket of the court of appeals. (2) An active or senior district judge or active or senior attorney magistrate judge may not be assigned to hear cases in which he or she participated while serving on the district court, nor may an active district judge or an active attorney magistrate judge hear cases which originated in his or her judicial district. (3) Active district judges or active attorney magistrate judges serving on the court of appeals shall be entitled to no additional compensation, but shall be reimbursed for expenses, as provided by section 1-711, Idaho Code, for active district judges, or as provided by section 1-2219, Idaho Code, for active attorney magistrate judges. Compensation for senior justices or senior judges serving on the court of appeals shall be paid in the manner provided for in section 1-2005 or section 1-2221, Idaho Code.  History: [1-2405, added 1980, ch. 245, sec. 1, p. 566; am. 1999, ch. 148, sec. 1, p. 420; am. 2002, ch. 95, sec. 2, p. 264.]
ID Code § 1-2406 (2021)
2021 Idaho Code|Title 1 - COURTS AND COURT OFFICIALS|Chapter 24 - COURT OF APPEALS|Section 1-2406 - JURISDICTION — ASSIGNMENT AND REVOCATION OF ASSIGNMENT OF CASES — AUTHORITY IN FURTHERANCE OF JURISDICTION.

1-2406. JURISDICTION — ASSIGNMENT AND REVOCATION OF ASSIGNMENT OF CASES — AUTHORITY IN FURTHERANCE OF JURISDICTION. (1) Any provision of law to the contrary notwithstanding, the Idaho court of appeals shall have jurisdiction to hear and to decide all cases assigned to it by the Idaho supreme court; provided, that the supreme court shall not assign cases invoking the supreme court’s original jurisdiction, nor appeals from imposition of sentences of capital punishment in criminal cases, nor appeals from the industrial commission, nor appeals from the public utilities commission. (2) In assigning cases to the Idaho court of appeals, the Idaho supreme court shall give due regard to the workload of each court, to the error review and correction functions of the court of appeals, and to the desirability of retaining for decision by the supreme court those cases in which there is substantial public interest or in which there are significant issues involving clarification or development of the law. (3) Upon motion of any party, or upon recommendation of the court of appeals, or upon its own motion, the supreme court may revoke assignment of a case to the court of appeals. In the event of such transfer or revocation of assignment, the case shall be heard and decided by the supreme court. (4) A judge of the court of appeals may be assigned cases in other courts from time to time by the chief justice of the supreme court of Idaho, and when so assigned shall have the same powers, duties and functions as a judge of the court to which he is assigned; provided, however, that no judge shall participate in the review by the supreme court or by the court of appeals of a case in which he participated while serving on the district court or court of appeals.  History: [1-2406, added 1980, ch. 245, sec. 1, p. 567; am. 1981, ch. 271, sec. 2, p. 574.]