1-2301. SMALL CLAIMS DEPARTMENT — CREATION — SCOPE OF CLAIMS — VENUE. In every magistrate’s division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate’s Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim […]
1-2301A. DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS — CIVIL LIABILITY. In any action filed in the small claims department against a person who makes any check, draft or order for the payment of money which has been dishonored for lack of funds or credit to pay the same, or because the maker has no […]
1-2302. COMMENCEMENT OF ACTIONS. Actions in such small claims department shall be deemed commenced by the plaintiff subscribing to, verifying and filing a claim as hereinafter provided. History: [1-2302, added 1969, ch. 103, sec. 2, p. 348.]
1-2303. FILING OF CLAIM — DEFAULT. (1) Upon filing a claim, the clerk shall furnish to the plaintiff a form of answer and instructions to the defendant, which among other matters shall advise the defendant that if the defendant desires to have a hearing on the matter, the defendant must sign, complete and file the […]
1-2304. SERVICE OF PROCESS — SERVICE BY MAIL. (1) A summons, copy of the claim, form of answer and instructions to defendant shall be served upon the defendant by personal service in the manner provided by law, or when a request is made therefor by the plaintiff, service of process may be made upon the […]
1-2305. CONTENTS OF CLAIM. The claim shall contain the name of the plaintiff and the name of the defendant, followed by a statement, in brief and concise form, of the nature and amount of the claim and the time the claim accrued, and shall also state the address of the defendant, if known to the […]
1-2306. ACTIONS BY OR AGAINST STATE OR LOCAL GOVERNMENT OFFICIALS OR AGENCIES. (1) Except as specifically provided in this subsection, the state of Idaho, any state agency, any political subdivision of the state of Idaho, city, county, taxing district, or public corporation, along with any official and employee thereof acting within their official capacity may […]
1-2307. ATTORNEYS AT LAW — COLLECTION AGENCIES — WITNESSES AND EVIDENCE — JUDGMENT. [(1)] It shall not be necessary to summon witnesses, but the plaintiff and defendant in any claim shall have the privilege of offering evidence in their behalf, themselves and witnesses appearing at such hearing, and being duly sworn as in other cases, […]
1-2309. OTHER FORMAL PLEADINGS NOT NECESSARY — SPEEDY TRIAL — RESTRICTION ON EXECUTORY WRITS. No formal pleading other than the said claim and notice shall be necessary to define the issue between the parties, and the hearing and disposition of all such actions shall be informal with the sole object of dispensing speedy and quick […]
1-2310. JUDGMENT AGAINST DEFENDANT. If the judgment or order shall be against the defendant, it shall be his duty to pay the same forthwith or execution may ensue as in other cases. On and after sixty (60) days from the date judgment is rendered, the plaintiff shall be entitled to receive, in addition to the […]
1-2311. APPEAL TO LAWYER MAGISTRATE. If either party is dissatisfied he may, within thirty (30) days from the entry of said judgment against him, appeal to a lawyer magistrate other than the magistrate who entered said judgment; and if the final judgment is rendered against him by such lawyer magistrate, then he shall pay, in […]
1-2312. FORM FOR APPEAL — FILING AND DISPOSITION. An appeal from the small claims department may be in the following terms: In the Magistrate’s Division of the District Court for …. County, Idaho, …. Plaintiff, vs. …., Defendant. Comes now …., resident of …. County, Idaho and appeals from the decision of the small claims […]
1-2313. JUDGMENT — ENTRY ON DOCKET — ENFORCEMENT. If no appeal is taken by the defendant and the defendant fails to pay the judgment according to the terms and conditions thereof, the magistrate before whom such hearing was had, may, on application of the plaintiff, certify such judgment in substantially the following form: In the […]
1-2314. SEPARATE DOCKET FOR SMALL CLAIMS DEPARTMENT. Each magistrate shall keep a separate docket for the small claims department of his division in which he shall make a permanent record of all proceedings, orders and judgments had and made in such small claims department. History: [1-2314, added 1969, ch. 103, sec. 14, p. 348.]
1-2315. JURY TRIAL NOT ALLOWED. No party may have his cause heard before a jury in the small claims department of the magistrate’s division of the district court. History: [1-2315, added 1969, ch. 103, sec. 15, p. 348.]
