Section 7-1506 – EVALUATOR AUTHORITY — PROCEDURES RELATING TO SERVICE, FILING AND COMPUTATION OF TIME.
7-1506. EVALUATOR AUTHORITY — PROCEDURES RELATING TO SERVICE, FILING AND COMPUTATION OF TIME. (1) Solely for the purpose of an evaluation, an evaluator has the authority to: (a) Decide procedural issues and deadlines relating to the conduct of the evaluation, including discovery disputes, arising before or during the evaluation process except issues relating to the […]
Section 7-1507 – DISCOVERY.
7-1507. DISCOVERY. (1) Unless the evaluator orders otherwise: (a) A defending party may demand in writing a statement from each claimant setting forth separately the amounts of any special, general or other damages sought in the evaluation. Such statement shall be served on all parties no later than twenty-one (21) days after receipt of the […]
Section 7-1508 – PREHEARING AND HEARING PROCEDURES.
7-1508. PREHEARING AND HEARING PROCEDURES. (1) The evaluator shall set the time and place of the evaluation hearing and shall give reasonable notice of the hearing to the parties. The parties may agree to hold the hearing by telephone. Except by stipulation among the parties and the evaluator, or for good cause shown, the hearing […]
Section 7-1509 – EVALUATION DECISION — TRIAL DE NOVO — MISCELLANEOUS.
7-1509. EVALUATION DECISION — TRIAL DE NOVO — MISCELLANEOUS. (1) Within fourteen (14) days following the evaluation, the evaluator shall issue a written, signed decision. The evaluator shall determine all issues raised by the pleadings, including a determination of any damages. The evaluator shall apply the applicable law as it exists; however, neither findings of […]
Section 7-1510 – RIGHT TO TRIAL.
7-1510. RIGHT TO TRIAL. The intent of this chapter is to maintain the right to a court or jury trial and the provisions of this statute shall not be construed to impair that right. History: [7-1510, added 2002, ch. 137, sec. 1, p. 389; am. 2003, ch. 29, sec. 8, p. 112.]
Section 7-1511 – SEVERABILITY.
7-1511. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. History: [7-1511, added 2002, ch. 137, sec. 1, p. 389.]
Section 7-1512 – STATISTICAL RECORDS — COMPILATION OF EVALUATOR LIST.
7-1512. STATISTICAL RECORDS — COMPILATION OF EVALUATOR LIST. (1) The supreme court shall keep statistical records of the number of requests for evaluation filed pursuant to the provisions of this chapter, the number of requests for trial de novo hereunder, and the number of instances in which a party improves its position by at least […]
Section 7-1501 – SHORT TITLE.
7-1501. SHORT TITLE. This chapter shall be referred to as the "Small Lawsuit Resolution Act." History: [7-1501, added 2002, ch. 137, sec. 1, p. 380.]
Section 7-1502 – AUTHORIZATION.
7-1502. AUTHORIZATION. To reduce the cost and expense of litigation and encourage the swift, fair and cost-effective resolution of disputes, the legislature hereby establishes a system to encourage civil litigants to resolve their disputes through alternative dispute resolution. The procedures to be utilized under this chapter, while based on the alternative dispute resolution processes of […]
Section 7-1503 – ACTIONS TO WHICH THE IDAHO CIVIL EVALUATION OPTION APPLIES — INITIATION OF PROCESS — OPTION TO MEDIATE — MOTIONS FOR REMOVAL FROM EVALUATION.
7-1503. ACTIONS TO WHICH THE IDAHO CIVIL EVALUATION OPTION APPLIES — INITIATION OF PROCESS — OPTION TO MEDIATE — MOTIONS FOR REMOVAL FROM EVALUATION. (1) Civil actions in which the sole relief sought is a money judgment in which the parties agree that the total claims for all damages sought by a party do not […]