reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT › Section 9-1802 - DEFINITIONS.

9-1802. DEFINITIONS. In this chapter:
(1) "Alternative method" means a method by which a child witness testifies which does not include all of the following:
(a) Having the child present in person in an open forum;
(b) Having the child testify in the presence and full view of the finder of fact and presiding officer; and
(c) Allowing all of the parties to be present, to participate and to view and be viewed by the child.
(2) "Child witness" means an individual under the age of thirteen (13) years who has been or will be called to testify in a proceeding.
(3) "Criminal proceeding" means a trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this state and a juvenile delinquency proceeding involving conduct that if engaged in by an adult would constitute a violation of the criminal law of this state.
(4) "Noncriminal proceeding" means a trial or hearing before a court or an administrative agency of this state having judicial or quasi-judicial powers, other than a criminal proceeding.
History:
[9-1802, added 2003, ch. 152, sec. 2, p. 438.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT › Section 9-1803 - APPLICABILITY.

9-1803. APPLICABILITY. This chapter applies to the testimony of child witnesses in all criminal or noncriminal proceedings. However, this chapter does not preclude, in a noncriminal proceeding, any other procedure permitted by law for a child witness to testify, or in a juvenile courtroom proceeding involving conduct that if engaged in by an adult would constitute a violation of a criminal law of this state, testimony by a child witness in a closed forum as may be authorized or required by law.
History:
[9-1803, added 2003, ch. 152, sec. 2, p. 438.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT › Section 9-1804 - HEARING WHETHER TO ALLOW TESTIMONY BY ALTERNATIVE METHOD.

9-1804. HEARING WHETHER TO ALLOW TESTIMONY BY ALTERNATIVE METHOD. (1) The presiding officer of a criminal or noncriminal proceeding may order a hearing to determine whether to allow presentation of the testimony of a child witness by an alternative method. The presiding officer, for good cause shown, shall order the hearing upon motion of a party, a child witness, or an individual determined by the presiding officer to have sufficient standing to act on behalf of the child.
(2) A hearing to determine whether to allow presentation of the testimony of a child witness by an alternative method must be conducted on the record after reasonable notice to all parties, any nonparty movant, and any other person the presiding officer specifies. The child’s presence is not required at the hearing unless ordered by the presiding officer. In conducting the hearing, the presiding officer is not bound by rules of evidence, except for the rules of privilege.
History:
[9-1804, added 2003, ch. 152, sec. 2, p. 438.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT › Section 9-1805 - STANDARDS FOR DETERMINING WHETHER CHILD WITNESS’ TESTIMONY MAY BE PRESENTED BY ALTERNATIVE METHOD.

9-1805. STANDARDS FOR DETERMINING WHETHER CHILD WITNESS’ TESTIMONY MAY BE PRESENTED BY ALTERNATIVE METHOD. (1) In a criminal proceeding, the presiding officer may order the presentation of the testimony of a child witness by an alternative method only in the following situations:
(a) A child witness’ testimony may be taken otherwise than in an open forum in the presence and full view of the finder of fact if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to testify in the open forum.
(b) A child witness’ testimony may be taken other than in a face-to-face confrontation between the child and a defendant if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to be confronted face-to-face by the defendant.
(2) In a noncriminal proceeding, the presiding officer may order the presentation of the testimony of a child witness by an alternative method if the presiding officer finds by a preponderance of the evidence that presenting the testimony of the child by an alternative method is necessary to serve the best interests of the child or enable the child to communicate with the finder of fact. In making this finding, the presiding officer shall consider:
(a) The nature of the proceeding;
(b) The age and maturity of the child;
(c) The relationship of the child to the parties in the proceeding;
(d) The nature and degree of emotional trauma that the child may suffer in testifying; and
(e) Any other relevant factor.
History:
[9-1805, added 2003, ch. 152, sec. 2, p. 438.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT › Section 9-1806 - FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD.

9-1806. FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD. If the presiding officer determines that a standard under section 9-1805, Idaho Code, has been met, the presiding officer shall determine whether to allow the presentation of the testimony of a child witness by an alternative method and in doing so shall consider:
(1) Alternative methods reasonably available;
(2) Available means for protecting the interests of or reducing emotional trauma to the child without resort to an alternative method;
(3) The nature of the case;
(4) The relative rights of the parties;
(5) The importance of the proposed testimony of the child;
(6) The nature and degree of emotional trauma that the child may suffer if an alternative method is not used; and
(7) Any other relevant factor.
History:
[9-1806, added 2003, ch. 152, sec. 2, p. 439.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT › Section 9-1807 - ORDER REGARDING TESTIMONY BY ALTERNATIVE METHOD.

9-1807. ORDER REGARDING TESTIMONY BY ALTERNATIVE METHOD. (1) An order allowing or disallowing the presentation of the testimony of a child witness by an alternative method must state the findings of fact and conclusions of law that support the presiding officer’s determination.
(2) An order allowing the presentation of the testimony of a child witness by an alternative method must state:
(a) The method by which the testimony is to be presented;
(b) A list, individually or by category, of the persons either allowed to be present or required to be excluded during the taking of the testimony of the child;
(c) Any special conditions necessary to facilitate a party’s right to examine or cross-examine the child;
(d) Any condition or limitation upon the participation of persons present during the taking of the testimony of the child; and
(e) Any other condition necessary for taking or presenting the testimony.
(3) The alternative method ordered by the presiding officer must be no more restrictive of the rights of the parties than is necessary under the circumstances to serve the purposes of the order.
History:
[9-1807, added 2003, ch. 152, sec. 2, p. 439.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT › Section 9-1808 - RIGHT OF PARTIES TO EXAMINE CHILD WITNESS.

9-1808. RIGHT OF PARTIES TO EXAMINE CHILD WITNESS. An alternative method ordered by the presiding officer must permit a full and fair opportunity for examination and cross-examination of the child witness.
History:
[9-1808, added 2003, ch. 152, sec. 2, p. 440.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 1 - ISSUES — MODES OF TRIAL — POSTPONEMENT › Section 10-111 - AMOUNT SOUGHT FOR DAMAGES NOT DISCLOSED TO JURY.

10-111. AMOUNT SOUGHT FOR DAMAGES NOT DISCLOSED TO JURY. In any civil action for damages, the amount of general damages sued for shall not be disclosed to the jury by court, counsel or any party and it shall be grounds for mistrial for any person to violate the prohibition of this act whether by specific statements or generalized argument. In furtherance of the provisions of this act it is declared that it is the exclusive province of the jury in a civil action for money damages involving allegations of general damages to resolve such issues of fact and it is against the policy of the state of Idaho for the jurors required to make such determinations to be informed of the particulars of allegations of damages in the pleadings on file with the court, by the arguments of counsel or otherwise, the dollar amount appraisal or evaluation of such damages being the exclusive province of the trier of fact; provided, this act shall not be construed to prohibit proof of damages or presentation of arguments which are legally relevant and proper in view of the record and issues before the court in any action for money damages.
History:
[I.C. sec. 10-111, as added by 1976, ch. 275, sec. 1, p. 949.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 11 - MANNER OF GIVING AND ENTERING JUDGMENT — LIEN AND SATISFACTION › Section 10-1106 - DEATH AFTER VERDICT — ENTRY AND EFFECT OF JUDGMENT.

10-1106. DEATH AFTER VERDICT — ENTRY AND EFFECT OF JUDGMENT. If a party die after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. Such judgment is not a lien on the real property of the deceased party, but is payable in the course of administration on his estate.
History:
[(10-1106) C.C.P. 1881, sec. 423; R.S., R.C., & C.L., sec. 4455; C.S., sec. 6900; I.C.A., sec. 7-1106.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 11 - MANNER OF GIVING AND ENTERING JUDGMENT — LIEN AND SATISFACTION › Section 10-1110 - FILING TRANSCRIPT OF JUDGMENTS — LIEN ACQUIRED.

10-1110. FILING TRANSCRIPT OF JUDGMENTS — LIEN ACQUIRED. A transcript or abstract of any judgment or decree of any court of this state or any court of the United States the enforcement of which has not been stayed as provided by law, if rendered within this state, certified by the clerk having custody thereof, may be recorded with the recorder of any county of this state, who shall immediately record and docket the same as by law provided, and from the time of such recording, and not before, the judgment so recorded becomes a lien upon all real property of the judgment debtor in the county, not exempt from execution, owned by him at the time or acquired afterwards at any time prior to the expiration of the lien; provided that where a transcript or abstract is recorded of any judgment or decree of divorce or separate maintenance making provision for installment or periodic payment of sums for maintenance of children or alimony or allowance for wife’s support, such judgment or decree shall be a lien only in an amount for payments so provided, delinquent or not made when due. The lien resulting from recording of a judgment other than for support of a child or for restitution owed to a crime victim where the order of restitution has been recorded as a judgment pursuant to section 19-5305, Idaho Code, continues ten (10) years from the date of the judgment, unless the judgment be previously satisfied, or unless the enforcement of the judgment be stayed upon an appeal as provided by law. A lien arising from the delinquency of a payment due under a judgment for support of a child issued by an Idaho court continues until ten (10) years after the death or emancipation of the last child for whom support is owed under the judgment unless the underlying judgment is renewed, is previously satisfied or the enforcement of the judgment is stayed upon an appeal as provided by law. A lien arising from an order for restitution to a crime victim where the order of restitution has been recorded as a judgment pursuant to section 19-5305, Idaho Code, continues until twenty (20) years from the date of the judgment, unless the judgment be previously satisfied, or unless the judgment is stayed or set aside. The transcript or abstract above mentioned shall contain the title of the court and cause and number of action, names of judgment creditors and debtors, time of entry and amount of judgment.
History:
[(10-1110) C.S., sec. 6902B, added 1929, ch. 51, sec. 3, p. 70; I.C.A., sec. 7-1110; am. 1955, ch. 45, sec. 1, p. 63; am. 1963, ch. 209, sec. 1, p. 598; am. 1995, ch. 264, sec. 2, p. 847; am. 1998, ch. 68, sec. 1, p. 261; am. 2011, ch. 104, sec. 2, p. 267; am. 2015, ch. 139, sec. 1, p. 343; am. 2015, ch. 278, sec. 4, p. 1138.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 11 - MANNER OF GIVING AND ENTERING JUDGMENT — LIEN AND SATISFACTION › Section 10-1111 - ORDERS RENEWING JUDGMENT — LIEN.

10-1111. ORDERS RENEWING JUDGMENT — LIEN. (1) Unless the judgment has been satisfied, at any time prior to the expiration of the lien created by section 10-1110, Idaho Code, or any renewal thereof, the court that entered the judgment, other than a judgment for child support, may, upon motion, renew such judgment by entry of an order renewing judgment. The order renewing judgment may be recorded in the same manner as the original judgment, and the lien established or continued thereby shall continue for ten (10) years from the date of the order renewing judgment. Entry of an order renewing judgment maintains both the date of the original judgment and the priority of collection thereof, and it begins anew the time limitation for an action upon a judgment set forth in section 5-215, Idaho Code.
(2) Unless the judgment has been satisfied, and prior to the expiration of the lien created in section 10-1110, Idaho Code, or any renewal thereof, a court that has entered a judgment for child support may, upon motion, renew such judgment by entry of an order renewing judgment. The entry of an order renewing judgment shall not affect the manner of enforcement of the original judgment, and the lien established or continued thereby shall continue for ten (10) years from the date of the order renewing judgment. Entry of an order renewing judgment maintains both the date of the original judgment and the priority of collection thereof, and it begins anew the time limitation for an action upon a judgment set forth in section 5-215, Idaho Code.
History:
[10-1111, added 1978, ch. 115, sec. 1, p. 266; am. 1995, ch. 264, sec. 3, p. 847; am. 2011, ch. 104, sec. 3, p. 268; am. 2016, ch. 269, sec. 1, p. 724; am. 2017, ch. 177, sec. 1, p. 407; am. 2018, ch. 284, sec. 1, p. 672.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 11 - MANNER OF GIVING AND ENTERING JUDGMENT — LIEN AND SATISFACTION › Section 10-1115 - ADDITIONAL PROCEDURE FOR SATISFACTION OF JUDGMENT — DISPOSITION OF MONEY.

10-1115. ADDITIONAL PROCEDURE FOR SATISFACTION OF JUDGMENT — DISPOSITION OF MONEY. As a further procedure for the satisfaction of a judgment, and in addition to the satisfaction of a judgment as provided by law or rule of court, any person, against whom exists a judgment for the payment of money or who is interested in any property upon which any such judgment is a lien, may pay the amount due on such judgment to the clerk of the court in which such judgment was rendered, and such clerk shall thereupon release and satisfy such judgment upon the records of said court and the county in which such judgment was rendered; and if such judgment has been entered in the records or docketed in any other county than the county in which it was rendered, then a certified copy of the release and satisfaction herein provided to be entered may be recorded in such other county, and the clerk of such other county shall thereupon release and satisfy such judgment upon the records of such other county. Unless the clerk of the court in which such judgment was rendered sooner turns over the money paid to him on such judgment to the person determined by such court to be entitled thereto, he shall turn the same over to the county treasurer of his county, who shall give said clerk duplicate receipts therefor; and one of said receipts shall be filed with the papers in the case in which such judgment was rendered, and the other shall be retained by said clerk. Said county treasurer shall at any time pay said money over to the person who shall be determined to be entitled thereto by the order of the court in which such judgment was rendered.
History:
[10-1115, added 1955, ch. 4, sec. 1, p. 6.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1201 - DECLARATORY JUDGMENTS AUTHORIZED — FORM AND EFFECT.

10-1201. DECLARATORY JUDGMENTS AUTHORIZED — FORM AND EFFECT. Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree.
History:
[10-1201, added 1933, ch. 70, sec. 1, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1202 - PERSON INTERESTED OR AFFECTED MAY HAVE DECLARATION.

10-1202. PERSON INTERESTED OR AFFECTED MAY HAVE DECLARATION. Any person interested under a deed, will, written contract or other writings constituting a contract or any oral contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
History:
[10-1202, added 1933, ch. 70, sec. 2, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1203 - CONSTRUCTION OF CONTRACTS.

10-1203. CONSTRUCTION OF CONTRACTS. A contract may be construed either before or after there has been a breach thereof.
History:
[10-1203, added 1933, ch. 70, sec. 3, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1204 - REPRESENTATIVES AND PERSONS BENEFICIALLY INTERESTED — RIGHT TO DECLARATION.

10-1204. REPRESENTATIVES AND PERSONS BENEFICIALLY INTERESTED — RIGHT TO DECLARATION. Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a person with a mental disability or insolvent, may have a declaration of rights or legal relations in respect thereto;
(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or other; or
(b) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
History:
[10-1204, added 1933, ch. 70, sec. 4, p. 113; am. 2010, ch. 235, sec. 4, p. 546.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1205 - ENUMERATION NOT A LIMITATION.

10-1205. ENUMERATION NOT A LIMITATION. The enumeration in Sections 10-1202, 10-1203 and 10-1204, does not limit or restrict the exercise of the general powers conferred in Section 10-1201, in any proceedings where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
History:
[10-1205, added 1933, ch. 70, sec. 5, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1206 - WHEN COURT MAY REFUSE JUDGMENT OR DECREE.

10-1206. WHEN COURT MAY REFUSE JUDGMENT OR DECREE. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
History:
[10-1206, added 1933, ch. 70, sec. 6, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1207 - REVIEW OF ORDERS, JUDGMENTS AND DECREES.

10-1207. REVIEW OF ORDERS, JUDGMENTS AND DECREES. All orders, judgments and decrees under this Act may be appealed from or reviewed as other orders, judgments and decrees.
History:
[10-1207, added 1933, ch. 70, sec. 7, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1208 - FURTHER RELIEF ON PETITION — SHOWING BY ADVERSE PARTY.

10-1208. FURTHER RELIEF ON PETITION — SHOWING BY ADVERSE PARTY. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
History:
[10-1208, added 1933, ch. 70, sec. 8, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1209 - ISSUES OF FACT — TRIAL AND DETERMINATION.

10-1209. ISSUES OF FACT — TRIAL AND DETERMINATION. When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other actions at law or suits in equity in the court in which the proceeding is pending.
History:
[10-1209, added 1933, ch. 70, sec. 9, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1210 - COSTS.

10-1210. COSTS. In any proceeding under this act the court may make such award of costs as may seem equitable and just.
History:
[10-1210, added 1933, ch. 70, sec. 10, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1211 - PARTIES TO ACTION — MUNICIPAL ORDER OR FRANCHISE.

10-1211. PARTIES TO ACTION — MUNICIPAL ORDER OR FRANCHISE. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served, and be entitled to be heard and may intervene.
History:
[10-1211, added 1933, ch. 70, sec. 11, p. 113; am. 1983, ch. 129, sec. 1, p. 325; am. 1998, ch. 235, sec. 1, p. 792.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1212 - CONSTRUCTION OF ACT.

10-1212. CONSTRUCTION OF ACT. This act is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered.
History:
[10-1212, added 1933, ch. 70, sec. 12, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1213 - “PERSON” DEFINED.

10-1213. "PERSON" DEFINED. The word "person" wherever used in this act, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
History:
[10-1213, added 1933, ch. 70, sec. 13, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1214 - SEPARABILITY — EXCEPTION.

10-1214. SEPARABILITY — EXCEPTION. The several sections and provisions of this act, except Sections 10-1201 and 10-1202, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the act invalid or inoperative.
History:
[10-1214, added 1933, ch. 70, sec. 14, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1215 - CONSTRUCTION TO EFFECTUATE UNIFORMITY.

10-1215. CONSTRUCTION TO EFFECTUATE UNIFORMITY. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of these [those] states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
History:
[10-1215, added 1933, ch. 70, sec. 15, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1216 - SHORT TITLE.

10-1216. SHORT TITLE. This act may be cited as the Uniform Declaratory Judgment Act.
History:
[10-1216, added 1933, ch. 70, sec. 16, p. 113.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 12 - DECLARATORY JUDGMENTS › Section 10-1217 - DECLARATORY JUDGMENT OF LEGAL DEATH.

10-1217. DECLARATORY JUDGMENT OF LEGAL DEATH. The court has the authority through a declaratory judgment to determine that a person who is absent, and who has not been heard from, is legally dead. In making such determination, the court may, at any time, consider all evidence available, and may rule, based on clear and convincing evidence before it, that the person is dead, or that there is insufficient evidence to so rule.
History:
[I.C., sec. 10-1217, as added by 1974, ch. 32, sec. 1, p. 985.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1301 - “FOREIGN JUDGMENT” DEFINED.

10-1301. "FOREIGN JUDGMENT" DEFINED. In this act, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court or an order of an administrative body of any state regarding the support of a child, spouse, or former spouse or the establishment of parentage or paternity that is entitled to full faith and credit in this state.
History:
[I.C., sec. 10-1301, as added by 1974, ch. 64, sec. 1, p. 1142; am. 1994, ch. 237, sec. 4, p. 748; am. 2023, ch. 228, sec. 3, p. 706.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1302 - FILING OF FOREIGN JUDGMENT WITH CLERK OF DISTRICT COURT — EFFECT OF FILING.

10-1302. FILING OF FOREIGN JUDGMENT WITH CLERK OF DISTRICT COURT — EFFECT OF FILING. A copy of any foreign judgment certified in accordance with the act of congress or the statutes of this state may be filed in the office of the clerk of any district court of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner, with the following exceptions:
(1) The terms of a judgment providing for the custody of a minor child may not be modified, vacated, reopened nor stayed unless the court has assumed jurisdiction of the case under the uniform child custody jurisdiction act, chapter 11, title 32, Idaho Code.
(2) The terms of a judgment providing for the support of a minor child may not be modified, vacated, reopened nor stayed unless the court has personal jurisdiction over all the parties; and the registration of a judgment providing for the support of a minor child for the purposes of enforcing that judgment shall not constitute submitting to the personal jurisdiction of the court.
History:
[I.C., sec. 10-1302, as added by 1974, ch. 64, sec. 1, p. 1142; am. 1986, ch. 222, sec. 2, p. 603; am. 1994, ch. 237, sec. 5, p. 748.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1303 - AFFIDAVIT CONTAINING NAME AND ADDRESS OF JUDGMENT DEBTOR AND CREDITOR — NOTICE OF FILING — WHEN PROCESS FOR ENFORCEMENT MAY ISSUE.

10-1303. AFFIDAVIT CONTAINING NAME AND ADDRESS OF JUDGMENT DEBTOR AND CREDITOR — NOTICE OF FILING — WHEN PROCESS FOR ENFORCEMENT MAY ISSUE. (a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post-office address of the judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s lawyer if any in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until five (5) days after the date the judgment is filed.
History:
[I.C., sec. 10-1303, as added by 1974, ch. 64, sec. 1, p. 1142.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1304 - STAY OF EXECUTION.

10-1304. STAY OF EXECUTION. (a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or until the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the law of the state in which it was rendered.
(b) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
History:
[I.C., sec. 10-1304, as added by 1974, ch. 64, sec. 1, p. 1142.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1305 - FEES.

10-1305. FEES. Any person filing a foreign judgment shall pay to the clerk of the court twenty-seven dollars ($27.00). Seven dollars ($7.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county and twenty dollars ($20.00) of such fee shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the district court of this state.
History:
[10-1305, added 1974, ch. 64, sec. 1, p. 1142; am. 1979, ch. 219, sec. 6, p. 614; am. 2014, ch. 190, sec. 4, p. 508; am. 2023, ch. 78, sec. 4, p. 266.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1306 - ALTERNATIVE REMEDIES UNIMPAIRED.

10-1306. ALTERNATIVE REMEDIES UNIMPAIRED. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this act remains unimpaired.
History:
[I.C., sec. 10-1306, as added by 1974, ch. 64, sec. 1, p. 1142.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1306A - RECORDING OF FILED JUDGMENT.

10-1306A. RECORDING OF FILED JUDGMENT. A foreign judgment filed under this act shall not become a lien as provided in section 10-1110, Idaho Code, unless a transcript or abstract thereof, certified by the clerk of the Idaho court in which it has been filed, which certificate shall be made more than five (5) days after the filing of such judgment as provided in section 10-1303, Idaho Code, which judgment has not been stayed as provided by law, has been recorded with the recorder of any county of this state in the manner provided by section 10-1110, Idaho Code, and upon said recording shall be a lien from the date thereof.
History:
[I.C., sec. 10-1306A, as added by 1975, ch. 14, sec. 1, p. 19.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1307 - UNIFORM CONSTRUCTION OF ACT.

10-1307. UNIFORM CONSTRUCTION OF ACT. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
[I.C., sec. 10-1307, as added by 1974, ch. 64, sec. 1, p. 1142.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1308 - CITATION OF ACT.

10-1308. CITATION OF ACT. This act may be cited as the "Enforcement of Foreign Judgments Act."
History:
[I.C., sec. 10-1308, as added by 1974, ch. 64, sec. 1, p. 1142.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 13 - FOREIGN JUDGMENTS › Section 10-1309 - FOREIGN ORDERS — RECIPROCAL AGREEMENTS — PUBLIC POLICY.

10-1309. FOREIGN ORDERS — RECIPROCAL AGREEMENTS — PUBLIC POLICY. (1) No court, agency or tribunal of this state shall recognize, base a ruling on, or enforce an order issued under the law of another country, which order is manifestly incompatible with the public policy of this state.
(2) If an order issued under the law of another country is manifestly incompatible with the public policy of this state, a court may limit the enforcement of the order to the extent necessary to eliminate the conflict with public policy.
(3) No reciprocal agreement shall be entered into by this state with another country if the applicable laws of that country are manifestly incompatible with the public policy of this state.
(4) For purposes of this section:
(a) An order is manifestly incompatible with public policy if that order was issued in violation of the right of due process substantially similar to that guaranteed by the constitutions of the United States and the state of Idaho.
(b) A law of another country is manifestly incompatible with public policy if it fails to grant the parties the right of due process substantially similar to that guaranteed by the constitutions of the United States and the state of Idaho.
History:
[10-1309, added 2015, 1st E.S., ch. 1, sec. 65, p. 32.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1401 - SHORT TITLE.

10-1401. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Foreign Country Money Judgments Recognition Act."
History:
[10-1401, added 2007, ch. 46, sec. 2, p. 115.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1402 - DEFINITIONS.

10-1402. DEFINITIONS. In this chapter:
(1) "Foreign country" means a government other than:
(a) The United States;
(b) A state, district, commonwealth, territory or insular possession of the United States; or
(c) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government’s courts is initially subject to determination under the full faith and credit clause of the United States Constitution.
(2) "Foreign country judgment" means a judgment of a court of a foreign country.
History:
[10-1402, added 2007, ch. 46, sec. 2, p. 115.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1403 - APPLICABILITY.

10-1403. APPLICABILITY. (1) Except as otherwise provided in subsection (2) of this section, this chapter applies to a foreign country judgment to the extent that the judgment:
(a) Grants or denies recovery of a sum of money; and
(b) Under the law of the foreign country where rendered, is final, conclusive and enforceable.
(2) This chapter does not apply to a foreign country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(a) A judgment for taxes;
(b) A fine or other penalty; or
(c) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(3) A party seeking recognition of a foreign country judgment has the burden of establishing that this chapter applies to the foreign country judgment.
History:
[10-1403, added 2007, ch. 46, sec. 2, p. 116.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1404 - STANDARDS FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENT.

10-1404. STANDARDS FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENT. (1) Except as otherwise provided in subsections (2) and (3) of this section, a court of this state shall recognize a foreign country judgment to which this chapter applies.
(2) A court of this state may not recognize a foreign country judgment if:
(a) The judgment was rendered under a judicial system that 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.
(3) A court of this state need not recognize a foreign country judgment if:
(a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(b) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(c) The judgment or the claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;
(d) The judgment conflicts with another final and conclusive judgment;
(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(g) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(h) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(4) A party resisting recognition of a foreign country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (2) or (3) of this section exists.
History:
[10-1404, added 2007, ch. 46, sec. 2, p. 116.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1405 - PERSONAL JURISDICTION.

10-1405. PERSONAL JURISDICTION. (1) A foreign country judgment may not be refused recognition for lack of personal jurisdiction if:
(a) The defendant was served with process personally in the foreign country;
(b) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(c) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(d) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(e) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; or
(f) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a claim for relief arising out of that operation.
(2) The list of bases for personal jurisdiction in subsection (1) of this section is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (1) of this section as sufficient to support a foreign country judgment.
History:
[10-1405, added 2007, ch. 46, sec. 2, p. 117.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1406 - PROCEDURE FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENT.

10-1406. PROCEDURE FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENT. (1) If recognition of a foreign country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign country judgment.
(2) If recognition of a foreign country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
History:
[10-1406, added 2007, ch. 46, sec. 2, p. 117.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1407 - EFFECT OF RECOGNITION OF FOREIGN COUNTRY JUDGMENT.

10-1407. EFFECT OF RECOGNITION OF FOREIGN COUNTRY JUDGMENT. If the court in a proceeding under section 10-1406, Idaho Code, finds that the foreign country judgment is entitled to recognition under this chapter then, to the extent that the foreign country judgment grants or denies recovery of a sum of money, the foreign country judgment is:
(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2) Enforceable in the same manner and to the same extent as a judgment rendered in this state.
History:
[10-1407, added 2007, ch. 46, sec. 2, p. 117.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1408 - STAY OF PROCEEDINGS PENDING APPEAL OF FOREIGN COUNTRY JUDGMENT.

10-1408. STAY OF PROCEEDINGS PENDING APPEAL OF FOREIGN COUNTRY JUDGMENT. If a party establishes that an appeal from a foreign country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
History:
[10-1408, added 2007, ch. 46, sec. 2, p. 117.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1409 - STATUTE OF LIMITATIONS.

10-1409. STATUTE OF LIMITATIONS. An action to recognize a foreign country judgment must be commenced within the earlier of the time during which the foreign country judgment is effective in the foreign country or fifteen (15) years from the date that the foreign country judgment became effective in the foreign country.
History:
[10-1409, added 2007, ch. 46, sec. 2, p. 118.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1410 - UNIFORMITY OF INTERPRETATION.

10-1410. UNIFORMITY OF INTERPRETATION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[10-1410, added 2007, ch. 46, sec. 2, p. 118.]
2023 Idaho Code › Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS › Chapter 14 - UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT › Section 10-1411 - SAVINGS CLAUSE.

10-1411. SAVINGS CLAUSE. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign country judgment not within the scope of this chapter.
History:
[10-1411, added 2007, ch. 46, sec. 2, p. 118.]