reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-328 - STATE A PARTY DEFENDANT IN SUIT AFFECTING TITLE TO REAL OR PERSONAL PROPERTY.

5-328. STATE A PARTY DEFENDANT IN SUIT AFFECTING TITLE TO REAL OR PERSONAL PROPERTY. In any action or proceeding, whether judicial or summary, affecting the title to real or personal property in which the state of Idaho has, or claims to have an interest, lien or claim, the state of Idaho may be made a party defendant to such action or proceeding, and its rights or interests determined; provided that a judicial sale or a trustee sale under a deed of trust shall have the same effect respecting the discharge of the property from claims or encumbrances held by the state of Idaho as may be provided with respect to such matters by law as to other persons, and provided further that in no event shall any money judgment or cost be rendered against the state of Idaho in such action or proceeding.
History:
[5-328, added 1959, ch. 55, sec. 1, p. 116.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-329 - SERVICE OF PROCESS UPON ATTORNEY GENERAL.

5-329. SERVICE OF PROCESS UPON ATTORNEY GENERAL. Process or notice as required by law in any such proceeding, whether judicial or summary, may be made upon the attorney general of the state of Idaho in the same manner and within the same time limited by law with respect to other parties to any such action or proceeding.
History:
[5-329, added 1959, ch. 55, sec. 2, p. 116.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-330 - IMMUNITY OF PERSONS GIVING EMERGENCY FIRST AID FROM DAMAGE CLAIM.

5-330. IMMUNITY OF PERSONS GIVING EMERGENCY FIRST AID FROM DAMAGE CLAIM. That no action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, who in good faith and without compensation, being at, or stopping at the scene of an accident or emergency, offers and administers emergency first aid or emergency medical attention to any person or persons injured in such accident or emergency unless it can be shown that the person or persons offering or administering emergency first aid or emergency medical attention, is guilty of gross negligence in the care or treatment of said injured person or persons or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said injured person or persons, or upon delivery of said injured person or persons into custody of an ambulance attendant.
History:
[5-330, added 1965, ch. 241, sec. 1, p. 591; am. 2018, ch. 218, sec. 1, p. 491.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-331 - IMMUNITY OF VOLUNTEER AMBULANCE ATTENDANT.

5-331. IMMUNITY OF VOLUNTEER AMBULANCE ATTENDANT. No action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, including volunteer ambulance attendants, who offers and administers first aid or emergency medical attention as a part of his volunteer service as an ambulance attendant to any person or persons utilizing the volunteer services and facilities, unless it can be shown that the person or persons offering or administering first aid or emergency medical attention is guilty of gross negligence in the care or treatment offered or administered, or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured or treated person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said ill or injured person or persons.
History:
[5-331, added 1976, ch. 186, sec. 1, p. 673.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-332 - CONSENT FOR EMERGENCY MEDICAL TREATMENT.

5-332. CONSENT FOR EMERGENCY MEDICAL TREATMENT. The authorization or refusal of consent for emergency medical treatment under section 5-330 or 5-331, Idaho Code, shall be governed by chapter 45, title 39, Idaho Code.
History:
[5-332, added 1976, ch. 318, sec. 1, p. 1089; am. 2005, ch. 120, sec. 3, p. 390.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-333 - IMMUNITY OF UNDERGROUND MINE RESCUE PARTICIPANTS, THEIR EMPLOYERS AND REPRESENTATIVES.

5-333. IMMUNITY OF UNDERGROUND MINE RESCUE PARTICIPANTS, THEIR EMPLOYERS AND REPRESENTATIVES. No person or persons engaged in underground mine rescue or recovery work who, in good faith, render(s) emergency care, rescue, assistance or recovery services at the scene of any emergency in a mine in this state, shall be liable for any civil damages as a result of any act or omission by such person(s) in rendering such emergency care, rescue, assistance or recovery service.
Neither the employer nor a labor organization which represents any person(s) entitled to the immunity provided in this act shall be liable for any civil damages as a result of any act or omission of any person(s) entitled to such immunity.
History:
[5-333, added 1981, ch. 165, sec. 1, p. 291.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-334 - ACT OR OMISSION PREVENTING ABORTION NOT ACTIONABLE.

5-334. ACT OR OMISSION PREVENTING ABORTION NOT ACTIONABLE. (1) A cause of action shall not arise, and damages shall not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted.
(2) The provisions of this section shall not preclude causes of action based on claims that, but for a wrongful act or omission, fertilization would not have occurred, maternal death would not have occurred or disability, disease, defect or deficiency of an individual prior to birth would have been prevented, cured or ameliorated in a manner that preserved the health and life of the affected individual.
History:
[5-334, added 1985, ch. 147, sec. 1, p. 394; am. 2010, ch. 235, sec. 1, p. 542.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-335 - GENERAL RULES OF PLEADING — CLAIMS FOR RELIEF.

5-335. GENERAL RULES OF PLEADING — CLAIMS FOR RELIEF. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) if the court has limited jurisdiction, a short and plain statement of the grounds upon which the court’s jurisdiction depends, (2) a short and plain statement of the claims showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which the pleader deems himself or herself entitled. Relief in the alternative or of several different types may be demanded. In any action for recovery because of personal injury or death, the claim for relief shall not specify the amount of damages claimed, but shall, instead, contain a general allegation of damage and shall state that the damages claimed are within any minimum or maximum jurisdictional limits of the court to which the pleading is addressed. At any time after service of the pleading, the defendant may, by special interrogatory, demand a statement of the amount of damages claimed by the plaintiff, which shall be answered within fifteen (15) days. The information provided in the response to the special interrogatory shall not be admissible into evidence at trial, nor shall it be communicated to the jury by argument or otherwise, nor shall it affect or limit the verdict rendered by the jury or the judgment issued by the court, in accordance with Idaho rule of civil procedure 54(c).
History:
[5-335, added 1987, ch. 278, sec. 9, p. 581.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-336 - DEMAND FOR JUDGMENT — DEFAULT JUDGMENTS.

5-336. DEMAND FOR JUDGMENT — DEFAULT JUDGMENTS. A judgment by default shall not be different in kind from or exceed in the amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleading. Provided, however, if a judgment by default is entered in any claim for relief for personal injury or death pursuant to Idaho rule of civil procedure 8(a)(1), after default is entered, the court shall conduct such hearings or order such reference as it deems necessary and proper pursuant to Idaho rule of civil procedure 55(b)(2) to determine the appropriate amount of damages.
History:
[5-336, added 1987, ch. 278, sec. 10, p. 582.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-339 - IMMUNITY OF FOOD DONOR AND FOOD BANK.

5-339. IMMUNITY OF FOOD DONOR AND FOOD BANK. (1) It shall not be negligence for a donor of food to donate food apparently fit for human consumption at the time of its donation solely because:
(a) The label on the food is missing or the food is otherwise misbranded; or
(b) The food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus.
(2) A food bank that receives and distributes food apparently fit for human consumption shall not be found negligent or liable for damages caused by food it distributes if:
(a) The food bank inspects the food received in a reasonable manner and finds it to be apparently fit for human consumption at the time of distribution;
(b) The food bank has no actual or constructive knowledge at the time the food is distributed that it is adulterated, tainted, contaminated, or would be harmful to the health or well-being of an individual consuming it; and
(c) The injury or death is not proximately caused by the misconduct of the food bank.
(3) It shall not be negligence for a food bank to distribute food apparently fit for human consumption at the time of its distribution solely because:
(a) The label on the food is missing or the food is otherwise misbranded; or
(b) The food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus.
(4) For purposes of this section:
(a) "Donor" includes a person, farmer, rancher, retailer, slaughterhouse under state supervision, freight company, distributor, wholesaler, meat processor, seafood processor, or similar entity, and a person who acts in a commercial capacity as a manufacturer, packer, processor, bottler, or similar entity, even if that activity is the person’s primary activity.
(b) "Food" means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.
(c) "Food bank" means a nonprofit organization that operates principally to collect, inspect, and salvage donated food for free distribution either to needy persons or to nonprofit organizations for free distribution to needy persons. In this paragraph, "nonprofit organization" means an organization recognized by the state or federal government as a nonprofit organization.
(5) This section does not apply to donations of wild game meat to charitable institutions. Liability and immunity for donations of wild game meat to charitable institutions shall be determined according to section 5-338, Idaho Code.
History:
[5-339, added 2000, ch. 321, sec. 1, p. 1088.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-340 - IMMUNITY OF RADIO AND TELEVISION BROADCASTING ORGANIZATIONS PARTICIPATING IN THE AMBER ALERT AND BLUE ALERT SYSTEMS.

5-340. IMMUNITY OF RADIO AND TELEVISION BROADCASTING ORGANIZATIONS PARTICIPATING IN THE AMBER ALERT AND BLUE ALERT SYSTEMS. No cause of action shall be maintained for civil damages in any court of this state against any radio or television broadcast organization, or the employees, officers, directors, managers or agents of such radio or television broadcast organization, based on the broadcast of information supplied by state law enforcement officials pursuant to the voluntary broadcast notification system commonly known as the:
(1) "Amber Alert," which is used to notify the public of missing or abducted children; or
(2) "Blue Alert," which is used to notify the public pursuant to section 67-2920, Idaho Code.
History:
[5-340, added 2003, ch. 91, sec. 1, p. 277; am. 2019, ch. 142, sec. 2, p. 490.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-341 - IMMUNITY OF EMPLOYERS ALLOWING EMPLOYEE FIREARM STORAGE.

5-341. IMMUNITY OF EMPLOYERS ALLOWING EMPLOYEE FIREARM STORAGE. No action shall lie or be maintained for civil damages in any court of this state against an employer where the claim arises out of the policy of an employer to either specifically allow or not prohibit the lawful storage of firearms by employees in their personal motor vehicles on the employer’s business premises.
History:
[5-341, added 2009, ch. 265, sec. 1, p. 802.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-342 - IMMUNITY FOR SEARCH AND RESCUE OPERATIONS.

5-342. IMMUNITY FOR SEARCH AND RESCUE OPERATIONS. No person serving as a volunteer member of a search and rescue operation constituted pursuant to section 31-2229, Idaho Code, may have their actions or omissions occurring during the search and rescue operation found to be the proximate cause of injuries to a person subject of a search or rescue, unless the volunteer’s actions or omissions are not done in good faith or are grossly negligent. This limitation of liability applies notwithstanding the fact that an organization may recover costs incurred incident to the search and rescue operation or rendering of emergency care.
History:
[5-342, added 2010, ch. 247, sec. 1, p. 636.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-343 - IMMUNITY OF COLLEGES AND UNIVERSITIES ALLOWING FIREARMS.

5-343. IMMUNITY OF COLLEGES AND UNIVERSITIES ALLOWING FIREARMS. No action shall lie or be maintained for civil damages in any court of this state against the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, a dormitory housing commission, the board for career technical education or the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, where the claim arises out of the policy of the board or commission to either specifically allow or not prohibit the lawful possession and storage of firearms on its property.
History:
[5-343, added 2014, ch. 73, sec. 5, p. 191; am. 2016, ch. 25, sec. 1, p. 35.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-344 - IMMUNITY — AID TO PERSON IN VEHICLE.

5-344. IMMUNITY — AID TO PERSON IN VEHICLE. (1) A person is immune from civil liability for entry, including forced entry and any resulting property damage, into a motor vehicle for the purpose of removing another person from the vehicle, provided that the person entering:
(a) Has a reasonable, good-faith belief that the other person is in imminent danger of suffering death or serious bodily harm;
(b) Contacts law enforcement before and immediately after entering, if feasible; and
(c) Uses no more force than reasonably necessary to gain entry.
(2) This section shall not be construed to provide immunity from civil liability for physical harm caused to the person in the vehicle or for any other action or omission unrelated to the act of entering the vehicle as provided in subsection (1) of this section.
History:
[5-344, added 2018, ch. 285, sec. 1, p. 673.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-345 - IMMUNITY FOR AID DURING AN EMERGENCY.

5-345. IMMUNITY FOR AID DURING AN EMERGENCY. (1) No architect, engineer, or contractor may be held liable for personal injury, wrongful death, property damage, or other loss related to any architectural, structural, electrical, mechanical, construction, design, or other professional service provided by the architect or engineer, voluntarily or without compensation, or the contractor at the request or approval of a national, state, or local public official in response to a declared national, state, or local emergency, a disaster, or a catastrophic event. The provisions of this subsection shall apply to services rendered within ninety (90) days following the end of the declared emergency, disaster, or catastrophic event unless extended by executive order of the governor.
(2) Limited liability under this section shall not apply if the injury, death, or damage is the result of unreasonable acts, gross negligence, or willful or wanton misconduct or if the architect, engineer, or contractor did not act as a reasonable architect, engineer, or contractor would have under the same or similar circumstances.
History:
[5-345, added 2020, ch. 217, sec. 1, p. 642.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-346 - PERSONHOOD STATUS.

5-346. PERSONHOOD STATUS. Notwithstanding any other provisions of law, environmental elements, artificial intelligence, nonhuman animals, and inanimate objects shall not be granted personhood in the state of Idaho. Nothing in this section revokes the status of legal person in or of any municipality, organization, corporation, or other legal or business entity recognized by the laws of the state of Idaho as such prior to July 1, 2022.
History:
[5-346, added 2022, ch. 322, sec. 1, p. 1038.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 4 - PLACE OF TRIAL OF CIVIL ACTIONS › Section 5-401 - ACTIONS RELATING TO REAL PROPERTY.

5-401. ACTIONS RELATING TO REAL PROPERTY. Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in this code:
1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest and for injuries to real property.
2. For the partition of real property.
3. For the foreclosure of a mortgage of real property. Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.
History:
[(5-401) C.C.P. 1881, sec. 205; R.S., R.C., & C.L., sec. 4120; C.S., sec. 6661; I.C.A., sec. 5-401.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 4 - PLACE OF TRIAL OF CIVIL ACTIONS › Section 5-402 - ACTIONS FOR PENALTIES AND AGAINST OFFICERS.

5-402. ACTIONS FOR PENALTIES AND AGAINST OFFICERS. Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial:
1. For the recovery of a penalty or forfeiture imposed by statute, except, that when it is imposed for an offense committed on a lake, river or other stream of water, situated in two (2) or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed.
2. Against a public officer, or person specially appointed to execute his duties, for any act done by him in virtue of his office; or against a person who, by his command or in his aid, does anything touching the duties of such officer.
History:
[(5-402) C.C.P. 1881, sec. 206; R.S., R.C., & C.L., sec. 4121; C.S., sec. 6662; I.C.A., sec. 5-402.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 4 - PLACE OF TRIAL OF CIVIL ACTIONS › Section 5-403 - ACTIONS AGAINST COUNTIES.

5-403. ACTIONS AGAINST COUNTIES. An action against a county may be commenced and tried in such county unless such action is brought by a county, in which case it may be commenced and tried in any county, not a party thereto.
History:
[(5-403) C.C.P. 1881, sec. 207; R.S., R.C., & C.L., sec. 4122; C.S., sec. 6663; I.C.A., sec. 5-403.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 4 - PLACE OF TRIAL OF CIVIL ACTIONS › Section 5-404 - OTHER ACTIONS — VENUE DETERMINED BY RESIDENCE — EXCEPTIONS.

5-404. OTHER ACTIONS — VENUE DETERMINED BY RESIDENCE — EXCEPTIONS. In all other cases the action must be tried in the county in which the defendants, or some of them, reside, at the commencement of the action; or, if none of the defendants reside in the state, or, if residing in this state, the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if the defendant is about to depart from the state, such action may be tried in any county where either of the parties reside, or service is had, subject, however, to the power of the court to change the place of trial, as provided in this code; provided, that all actions against life or fire insurance companies, suit or action may be commenced and tried in the county where the death occurred or the loss was sustained; and provided, further, that in all actions against any corporation organized under the laws of the state of Idaho, suit or action shall be commenced and tried in any county of this state where the defendant has its principal place of business or in the county in which the cause of action arose.
History:
[(5-404) C.C.P. 1881, sec. 208; R.S., sec. 4123; am. 1897, p. 9, sec. 1; reen. 1899, p. 292, sec. 1; reen. R.C. & C.L., sec. 4123; C.S., sec. 6664; am. 1923, ch. 79, sec. 1, p. 91; I.C.A., sec. 5-404.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 4 - PLACE OF TRIAL OF CIVIL ACTIONS › Section 5-408 - TRANSMISSION OF PAPERS — COSTS OF FILING PAPERS ANEW — JURISDICTION IN NEW VENUE — PAYMENT OF COUNTY EXPENSES.

5-408. TRANSMISSION OF PAPERS — COSTS OF FILING PAPERS ANEW — JURISDICTION IN NEW VENUE — PAYMENT OF COUNTY EXPENSES. (1) When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleadings and papers therein to the clerk of the court to which it is transferred. Any fee therefor as provided by law shall be paid by the party at whose instance the order was made. The court to which an action or proceeding is transferred has and exercises over the same like jurisdiction as if it had been originally commenced therein.
(2) When an action is transferred from a county because there is reason to believe that an impartial trial cannot be had therein, or that the convenience of witnesses and the ends of justice would be promoted by the transfer, the costs and expenses accruing upon such removal and trial are a charge against the county from which the action was removed. The clerk of the court in the county to which the action is removed must certify the amount of said expenses to the auditor of the proper county, which must be allowed and paid as other county charges.
History:
[(5-408) C.C.P. 1881, sec. 212; R.S., R.C., & C.L., sec. 4127; C.S., sec. 6668; am. 1925, ch. 125, sec. 1, p. 171; I.C.A., sec. 5-408; am. 1969, ch. 114, sec. 2, p. 371; am. 1993, ch. 83, sec. 1, p. 213.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 4 - PLACE OF TRIAL OF CIVIL ACTIONS › Section 5-409 - ACTIONS AFFECTING REAL ESTATE — PROCEEDINGS AFTER JUDGMENT.

5-409. ACTIONS AFFECTING REAL ESTATE — PROCEEDINGS AFTER JUDGMENT. When an action or proceeding affecting the title to or possession of real estate has been brought in or transferred to any court of a county other than the county in which the real estate, or some portion of it, is situated, the clerk of such court must, after final judgment therein, certify, under his seal of office, and transmit to the corresponding court of the county in which the real estate affected by the action is situated, a copy of the judgment. The clerk receiving such copy must file, docket and record the judgment in the records of the court, briefly designating it as a judgment transferred from …. court (naming the proper court).
History:
[(5-409) C.C.P. 1881, sec. 213; R.S., R.C., & C.L., sec. 4128; C.S., sec. 6669; I.C.A., sec. 5-409.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-505 - LIS PENDENS.

5-505. LIS PENDENS. In an action affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint, and the defendant at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterward, may file for record with the recorder of the county in which the property or some part thereof is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action or defense, and a description of the property in that county affected thereby. From the time of filing such notice for record only shall a purchaser or incumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names.
History:
[(5-505) C.C.P. 1881, sec. 218; R.S., R.C., & C.L., sec. 4142; C.S., sec. 6674; I.C.A., sec. 5-505.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-508 - SERVICE BY PUBLICATION — AFFIDAVIT.

5-508. SERVICE BY PUBLICATION — AFFIDAVIT. When the person on whom the service is to be made resides outside of the state, or has departed from the state, or cannot after due diligence be found within the state, or conceals himself therein to avoid the service of summons, or is a foreign corporation having no managing or business agent, cashier or secretary within this state, or where any persons are made defendant by the style and description of unknown owners, or unknown heirs or unknown devisees of any deceased person and the names of such unknown owners or heirs or devisees are unknown to the complainant in the action, and such facts appear by affidavit to the satisfaction of the court in which the suit is pending, and it also appears by the affidavit or a verified complaint on file that a cause of action exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, the court may make an order for the publication of the summons; and an affidavit setting forth in ordinary and concise language any of the grounds as above set forth, upon which the publication of the summons is sought, shall be sufficient without setting forth or showing what efforts have been made or what diligence has been exerted in attempting to find the defendant. Service upon any person, firm, company, association or corporation who is subject to the jurisdiction of the courts of this state pursuant to the provisions of section 5-514, Idaho Code, may be made in the manner provided in section 5-515, Idaho Code.
History:
[(5-508) C.C.P. 1881, sec. 221; R.S., sec. 4145; am. 1907, p. 319, sec. 2; reen. R.C., sec. 4145; am. 1909, p. 185, sec. 2; am. 1911, ch. 29, sec. 1, p. 65; reen. C.L., sec. 4145; C.S., sec. 6677; am. 1925, ch. 43, sec. 1, p. 60; am. 1927, ch. 93, sec. 4, p. 119; I.C.A., sec. 5-508; am. 1993, ch. 89, sec. 1, p. 217; am. 2011, ch. 26, sec. 1, p. 66; am. 2012, ch. 98, sec. 1, p. 263.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-509 - ORDER OF SERVICE.

5-509. ORDER OF SERVICE. The order must direct the publication to be made in a newspaper to be designated as most likely to give notice to the person to be served, at least once a week for four (4) consecutive weeks.
In case publication is ordered where the residence of a nonresident or absent defendant is known, the order must direct a copy of the summons and complaint to be deposited within ten (10) days in any post office, directed to the person to be served at his last known post office address. When publication is ordered and made, the service of summons is complete at the expiration of the period of publication. When personal service of summons is ordered and made outside of the state, the service is complete at the time of service.
History:
[(5-509) C.C.P. 1881, sec. 222; R.S. & R.C., sec. 4146; am. 1909, p. 185, sec. 3; reen. C.L., sec. 4146; C.S., sec. 6678; am. 1925, ch. 43, sec. 2, p. 60; am. 1927, ch. 93, sec. 5, p. 119; I.C.A., sec. 5-509; am. 1957, ch. 137, sec. 1, p. 229; am. 2019, ch. 147, sec. 1, p. 497.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-510 - SERVICE ON ONE OF JOINT DEFENDANTS.

5-510. SERVICE ON ONE OF JOINT DEFENDANTS. When the action is against two (2) or more defendants jointly or severally liable on a contract and the summons is served on one (1) or more but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants.
History:
[(5-510) C.C.P. 1881, sec. 223; R.S., R.C., & C.L., sec. 4147; C.S., sec. 6679; I.C.A., sec. 5-510.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-513 - SUMMONS AGAINST NONRESIDENT OWNER OF PUBLIC UTILITY — LIEN OF JUDGMENT.

5-513. SUMMONS AGAINST NONRESIDENT OWNER OF PUBLIC UTILITY — LIEN OF JUDGMENT. Where any suit has been commenced in any court of this state upon any cause of action arising therein against any nonresident, firm or person engaged in the ownership and control of any electric light or water system or other public utility in this state, and where the cause of action arises out of some matter connected with the carrying on and conducting of said utility the summons therein may be served by delivering a copy thereof attached to a copy of the complaint on file to the person in charge or control of said public utility in this state, or to some agent, cashier or clerk in charge of any office of said firm or person in this state used in the carrying on and conducting of such business.
Any judgment rendered in such action shall become a lien upon and bind all the property of such firm or person used in the carrying on and conducting of such electric light or water system or other public utility.
History:
[(5-513) 1913, ch. 63, secs. 1, 2, p. 298; reen. C.L., sec. 4150; C.S., sec. 6682; I.C.A., sec. 5-513.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-514 - ACTS SUBJECTING PERSONS TO JURISDICTION OF COURTS OF STATE.

5-514. ACTS SUBJECTING PERSONS TO JURISDICTION OF COURTS OF STATE. Any person, firm, company, association or corporation, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits said person, firm, company, association or corporation, and if an individual, his personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from the doing of any of said acts:
(a) The transaction of any business within this state which is hereby defined as the doing of any act for the purpose of realizing pecuniary benefit or accomplishing or attempting to accomplish, transact or enhance the business purpose or objective or any part thereof of such person, firm, company, association or corporation;
(b) The commission of a tortious act within this state;
(c) The ownership, use or possession of any real property situate within this state;
(d) Contracting to insure any person, property or risk located within this state at the time of contracting;
(e) The maintenance within this state of matrimonial domicile at the time of the commission of any act giving rise to a cause of action for divorce or separate maintenance;
(f) The engaging in an act of sexual intercourse within the state, giving rise to a cause of action for paternity under chapter 11, title 7, Idaho Code. The provisions of this subsection shall apply retroactively, and for the benefit of any dependent child, whether born before or after the effective date of this act, and regardless of the past or current marital status of the parents of the child.
History:
[5-514, added 1961, ch. 153, sec. 1, p. 224; am. 1969, ch. 236, sec. 1, p. 749; am. 1988, ch. 106, sec. 1, p. 195.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-515 - SERVICE OF PROCESS ON PERSONS ENUMERATED IN PRECEDING SECTION — PERSONAL SERVICE OUTSIDE STATE.

5-515. SERVICE OF PROCESS ON PERSONS ENUMERATED IN PRECEDING SECTION — PERSONAL SERVICE OUTSIDE STATE. Service of process upon any such person, firm, company, association or corporation who is subject to the jurisdiction of the courts of this state, as provided herein, may be made by personally serving the summons upon the defendant outside the state with the same force and effect as though summons had been personally served within this state.
History:
[5-515, added 1961, ch. 153, sec. 2, p. 224.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-516 - LIMITATION ON CAUSES OF ACTION.

5-516. LIMITATION ON CAUSES OF ACTION. Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over such defendant is based upon this section.
History:
[5-516, added 1961, ch. 153, sec. 3, p. 224.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-517 - SERVICE IN OTHER MANNER UNAFFECTED.

5-517. SERVICE IN OTHER MANNER UNAFFECTED. Nothing herein contained limits or affects the right to service of process in any other manner now or hereafter provided by law.
History:
[5-517, added 1961, ch. 153, sec. 4, p. 224.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 5 - COMMENCEMENT OF ACTIONS › Section 5-518 - SERVICE OF PROCESS IN CHILD SUPPORT MATTERS.

5-518. SERVICE OF PROCESS IN CHILD SUPPORT MATTERS. Service of process in an action to establish or enforce a support obligation may be made in the manner prescribed for service of process in a civil action by a duly authorized process server, or by certified mail, return receipt requested. Any uninterested party over the age of eighteen (18) including, but not necessarily limited to, employees of the bureau of child support enforcement and employees of the county prosecuting attorney’s office, may serve such process. For the purposes of this section, service by mail shall be completed upon the obligor’s receipt of such certified mail. The party or attorney making service by certified mail shall make a return certificate indicating that he complied with the provisions of this statute and attaching a receipt of the mailing signed by the obligor.
History:
[5-518, added 1987, ch. 36, sec. 1, p. 59.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 1 - FORECLOSURE OF MORTGAGES AND OTHER LIENS › Section 6-102 - DISPOSITION OF SURPLUS MONEY.

6-102. DISPOSITION OF SURPLUS MONEY. If there be surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in court.
History:
[(6-102) C.C.P. 1881, sec. 469; R.S., R.C., & C.L., sec. 4521; C.S., sec. 6950; I.C.A., sec. 9-102.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 1 - FORECLOSURE OF MORTGAGES AND OTHER LIENS › Section 6-103 - PARTIAL SALES.

6-103. PARTIAL SALES. If the debt for which the mortgage, lien or encumbrance is held is not all due, but is payable in instalments, whether such debt be evidenced by one (1) or more principal notes or otherwise, such mortgage, lien or encumbrance may be foreclosed, at the election of the holder thereof, for the instalment or instalments due, or for taxes or other charges or obligations which the mortgage provides shall be paid by the mortgagor, and the court may by its judgment direct a sale of the encumbered property or of the equity of defendants therein, or so much thereof as may be necessary, to satisfy the amount due for such instalment, charge or obligation, which sale shall be subject to the unpaid balance of said mortgage, lien or encumbrance not reduced to judgment, and such mortgage, lien or encumbrance shall otherwise remain in full force and effect, and the holder thereof shall have the right to foreclose for the balance of the same or any part thereof, notwithstanding the provisions of section 6-101. The remedy herein provided shall be cumulative and not exclusive. Provided, that no deficiency judgment shall be taken under the second or any subsequent foreclosure under any such mortgage, lien or encumbrance.
History:
[(6-103) C.C.P. 1881, sec. 470; R.S., R.C., & C.L., sec. 4522; C.S., sec. 6951; am. 1927, ch. 155, sec. 1, p. 209; I.C.A., sec. 9-103.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 1 - FORECLOSURE OF MORTGAGES AND OTHER LIENS › Section 6-104 - MORTGAGE NOT A CONVEYANCE.

6-104. MORTGAGE NOT A CONVEYANCE. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale.
History:
[(6-104) R.S. 1887, R.C., & C.L., sec. 4523; C.S., sec. 6952; I.C.A., sec. 9-104.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 1 - FORECLOSURE OF MORTGAGES AND OTHER LIENS › Section 6-105 - EXECUTION UNDER FORECLOSURE ON PROPERTY IN MORE THAN ONE COUNTY.

6-105. EXECUTION UNDER FORECLOSURE ON PROPERTY IN MORE THAN ONE COUNTY. In all actions to foreclose a mortgage or other lien upon real property, where such real property is situated partly in one county and partly in another county, within the state of Idaho, the sheriff of the county in which such action is commenced and where the decree therein is rendered and entered, shall have the power and it is hereby made his duty to enforce execution issued upon such decree in the same manner as if the whole of such real property was situated in the county in which such action was commenced and where the decree therein was rendered and entered.
History:
[(6-105) 1909, p. 171, sec. 1; reen. C.L., sec. 4524; C.S., sec. 6953; I.C.A., sec. 9-105.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 1 - FORECLOSURE OF MORTGAGES AND OTHER LIENS › Section 6-106 - DUTY OF CLERK ON RETURN OF EXECUTION.

6-106. DUTY OF CLERK ON RETURN OF EXECUTION. Upon the return of such execution by the sheriff, the clerk of the district court issuing the same shall file such execution as in other cases, and as county recorder shall record said execution and return as in other cases of sales of real property. Immediately after such execution and return has been so recorded, as such county recorder he shall prepare a copy of such execution and return and certify the same, which shall be sent by United States mail, postage prepaid, to the county recorder of the other county or counties in which a portion of such real property is situated, and the county recorder of such county or counties shall record such execution and return with the certificate thereto, as in other cases upon the return of executions where real property has been sold.
History:
[(6-106) 1909, p. 171, sec. 2; reen. C.L., sec. 4525; C.S., sec. 6954; I.C.A., sec. 9-106.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 1 - FORECLOSURE OF MORTGAGES AND OTHER LIENS › Section 6-107 - CERTIFICATES OF SALE.

6-107. CERTIFICATES OF SALE. The said sheriff making such sale shall make as many certificates of such sale as there are counties in which such real property is situated, adding a sufficient number to deliver one to each purchaser of such real property. The sheriff shall deliver one of such certificates to each purchaser of such real property, and shall file one with the county recorder of the county where such sale was made; and he shall also send one to each of the county recorders of the several counties in which any portion of said real estate is situated, by United States mail, prepaying the postage thereon. Such certificates of sale shall be filed and recorded by the several county recorders as is now provided by law in sales of real property under execution.
History:
[(6-107) 1909, p. 171, sec. 3; reen. C.L., sec. 4526; C.S., sec. 6955; I.C.A., sec. 9-107.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 1 - FORECLOSURE OF MORTGAGES AND OTHER LIENS › Section 6-108 - DEFICIENCY JUDGMENTS — AMOUNT RESTRICTED.

6-108. DEFICIENCY JUDGMENTS — AMOUNT RESTRICTED. No court in the state of Idaho shall have jurisdiction to enter a deficiency judgment in any case involving a foreclosure of a mortgage on real property in any amount greater than the difference between the mortgage indebtedness, as determined by the decree, plus costs of foreclosure and sale, and the reasonable value of the mortgaged property, to be determined by the court in the decree upon the taking of evidence of such value.
History:
[6-108, added 1933, ch. 150, sec. 1, p. 229.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 2 - WASTE AND WILFUL TRESPASS ON REAL PROPERTY › Section 6-201 - ACTIONS FOR WASTE.

6-201. ACTIONS FOR WASTE. If a guardian, tenant for life or years, joint tenant or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.
History:
[(6-201) C.C.P. 1881, sec. 472; R.S., R.C., & C.L., sec. 4530; C.S., sec. 6957; I.C.A., sec. 9-201.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 2 - WASTE AND WILFUL TRESPASS ON REAL PROPERTY › Section 6-210 - RECOVERY OF DAMAGES FOR ECONOMIC LOSS WILLFULLY CAUSED BY A MINOR.

6-210. RECOVERY OF DAMAGES FOR ECONOMIC LOSS WILLFULLY CAUSED BY A MINOR. (1) Any person shall be entitled to recover damages in an amount not to exceed two thousand five hundred dollars ($2,500) in a court of competent jurisdiction from the parents of any minor, under the age of eighteen (18) years, living with the parents, who shall willfully cause economic loss to such person, except as otherwise provided in section 49-310, Idaho Code. "Person" means any municipal corporation, county, city school district, or any individual, partnership, corporation or association, or any religious organization, whether incorporated or unincorporated.
(2) Economic loss shall include but not be limited to the value of property, as that term is defined in section 18-2402(8), Idaho Code, taken, destroyed, broken or otherwise harmed, lost wages and direct out-of-pocket losses or expenses such as medical expenses resulting from the minor’s willful conduct, but shall not include less tangible damage such as pain and suffering, wrongful death or emotional distress.
(3) As used in this section, "parents" shall mean any persons or entities who have legal custody of the minor, or any persons or entities who are licensed to accept children for child care under chapter 12, title 39, Idaho Code. "Legal custody" shall be as that term is defined in section 16-2002, Idaho Code.
(4) In the event the parents are providing foster care for the minor at the time of the minor’s willful act, and the parents are licensed pursuant to chapter 12, title 39, Idaho Code, and the minor is in the legal custody of the department of health and welfare, any person is entitled to recover damages in a court of competent jurisdiction within the above stated limits. Such recovery shall be insured by the state of Idaho.
History:
[6-210, added 1957, ch. 32, sec. 1, p. 51; am. 1977, ch. 55, sec. 1, p. 106; am. 1987, ch. 257, sec. 1, p. 522; am. 1990, ch. 81, sec. 1, p. 163; am. 1991, ch. 168, sec. 1, p. 408; am. 2005, ch. 391, sec. 1, p. 1263; am. 2020, ch. 82, sec. 1, p. 175.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 2 - WASTE AND WILFUL TRESPASS ON REAL PROPERTY › Section 6-211 - TRESPASS ON STATE LANDS — DAMAGE ACTIONS.

6-211. TRESPASS ON STATE LANDS — DAMAGE ACTIONS. Any person who cuts down or carries off any wood, trees, or timber or removes top soil from, or dumps trash or debris on, any land belonging to the State of Idaho without lawful authority is liable to the State of Idaho for treble the amount of damages, which amount may be recovered in a civil action therefor.
History:
[6-211, added 1949, ch. 105, sec. 1, p. 194.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 2 - WASTE AND WILFUL TRESPASS ON REAL PROPERTY › Section 6-212 - DAMAGES RECOVERED DEPOSITED INTO ENDOWMENT FUND.

6-212. DAMAGES RECOVERED DEPOSITED INTO ENDOWMENT FUND. Any moneys so recovered shall in each instance be deposited in the endowment fund in which would be deposited the proceeds of the sale of the lands damaged were such lands sold by the State of Idaho.
History:
[6-212, added 1949, ch. 105, sec. 2, p. 194.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-301 - FORCIBLE ENTRY DEFINED.

6-301. FORCIBLE ENTRY DEFINED. Every person is guilty of a forcible entry who either:
1. By breaking open doors, windows or other parts of a house, or by any kind of violence or circumstances of terror, enters upon or into any real property; or,
2. Who, after entering peaceably upon real property, turns out, by force, threats or menacing conduct, the party in possession.
History:
[(6-301) C.C.P. 1881, sec. 795; R.S., R.C., & C.L., sec. 5091; C.S., sec. 7320; I.C.A., sec. 9-301.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-302 - FORCIBLE DETAINER DEFINED.

6-302. FORCIBLE DETAINER DEFINED. Every person is guilty of a forcible detainer who either:
1. By force, or by menaces and threats of violence, unlawfully holds and keeps possession of any real property, whether the same was acquired peacefully or otherwise; or
2. Who during the absence of the occupant or property owner of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, refuses to surrender the same to such former occupant or property owner. The occupant of real property, within the meaning of this subdivision, is one who, within five (5) days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands, regardless of whether the property was inhabited by the occupant of real property.
History:
[(6-302) C.C.P. 1881, sec. 796; R.S., R.C., & C.L., sec. 5092; C.S., sec. 7321; I.C.A., sec. 9-302; am. 2017, ch. 276, sec. 1, p. 724.]