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 […]
Section 7-1504 – SELECTION OF EVALUATOR — COURT ADMINISTRATION OF PROCEDURE — RULES, STANDARDS AND PROCEDURES — EXEMPTION FROM OPERATION OF THE CHAPTER.
7-1504. SELECTION OF EVALUATOR — COURT ADMINISTRATION OF PROCEDURE — RULES, STANDARDS AND PROCEDURES — EXEMPTION FROM OPERATION OF THE CHAPTER. (1) All magistrate judges, district judges and appellate court judges and justices, whether classified as sitting, senior or retired, are authorized to act as civil litigation evaluators. The supreme court may establish by rule, […]
Section 7-1505 – QUALIFICATIONS, APPOINTMENT AND COMPENSATION OF EVALUATORS.
7-1505. QUALIFICATIONS, APPOINTMENT AND COMPENSATION OF EVALUATORS. (1) Any individual desiring to be on a list of private civil litigation evaluators under this chapter shall submit a request to the supreme court identifying each county in which the individual wishes to serve. The task of acting as an evaluator under this chapter shall be a […]
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.]