Civil cases, such as car accidents, dog bites or other personal injuries, are governed under the Idaho Rules of Civil Procedure. Rule 1 describes how the rules of civil procedure can be identified, namely as I.R.C.P. In addition, Rule 1 states all the cases that these rules apply instead of other rules.
The first major distinction is that these rules only apply in the State of Idaho. This makes these rules distinct from the Federal Rules of Civil Procedure, which apply in all Federal Courts, regardless of the State in which that Federal Court is located.
The second distinction is that these rules only apply to civil cases and not criminal cases. In addition, Rule 1 sets forth exceptions to these rules applying, even if it is a civil case. Some of these exceptions are family law and small claims.
Lastly, Rule 1 sets forth the procedures for district courts to put their own special rules in place. The most important part of this section is that these special rules have to, generally, be approved by the Supreme Court and published before they can become effective.
Idaho Civil Rule 1: Scope of Rules; District Court Rules
- Title. These rules may be known and cited as the Idaho Rules of Civil Procedure or abbreviated I.R.C.P.
- Scope of Rules. These rules govern the procedure and apply uniformly in the district courts and the magistrate’s divisions of the district courts in the State of Idaho in all actions, proceedings and appeals of a civil nature; except that proceedings in the small claims department are governed by these rules only as provided by The Idaho Small Claims Rules and family law proceedings as identified in Rule 101, Idaho Rules of Family Law Procedure (IRFLP) are governed by the IRFLP. All references in these rules to the court or district court include the magistrate’s division and all references to judged or clerks include magistrates and their clerks and a judge pro tempore appointed pursuant to Idaho Court Administrative Rule 4. These rules should be construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding.
- District Court Rules. The district courts of each judicial district by a majority vote of all district judges may make rules governing the internal case management and procedure of the district court including procedures for setting the time and place for the trial of actions and the hearing of all other proceedings and motions. District court rules must be consistent with these rules and must be approved and published by order of the Supreme Court before the effective date unless an emergency is declared by the Supreme Court, in which case the order may be declared to be effective immediately.
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