Idaho Rules on Small Claim Actions

Idaho Rules for Small Claims Actions Rule 1. Title.

 

These rules may be known and cited as the Idaho Rules for Small Claims Actions, or abbreviated I.R.S.C.A.

 

  

(Adopted March 1, 2016; effective July 1, 2016.)

 

Idaho Rules for Small Claims Actions Rule 2. Forms.

 

The court must provide to all persons interested in filing a small claims action approved “Complaint” and “Answer” forms, as well as “Instructions” on how to file an answer. The approved forms can be found at https://courtselfhelp.idaho.gov/Forms/claims. The plaintiff must use the court approved complaint form and pay the filing fee. The clerk of the court may help the plaintiff in preparing the form at the plaintiff’s request. The instructions and answer forms must notify the defendant that the defendant must file the answer with the court and that if the defendant fails to file the answer with the court within 21 days of service, the court will enter judgment against defendant.

 

 

(Adopted March 1, 2016; effective July 1, 2016; amended April 4, 2018, effective July 1, 2018.)

Idaho Rules for Small Claims Actions Rule 3. Who May be a Plaintiff.

 

Any individual, partnership, corporation or association may file a small claim as a plaintiff in the action. An employee of the plaintiff may sign the pleadings.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 4. Default Proceedings.

 

(a)   Service. In support of a request for default, Plaintiff must show by return of service or affidavit that the instructions and answer form were served on each defendant at the time of service of the complaint.

 

(b)   Proceedings. Rule 55, Idaho Rules of Civil Procedure, controls default judgment proceedings in small claims actions.

 

(c)   Sufficiency of the Evidence. The court must not enter a judgment by default unless the court is satisfied by the evidence presented in support of the claim.

 

(d)   Failure to Attend Hearing. If the plaintiff or employee does not appear at the time set for any hearing on the matter, the court may dismiss the action with or without prejudice.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 5. Counterclaims.

 

Counterclaims are not permitted, however a separate action may be filed in the same court against the plaintiff in the original action.

 

 

 (Adopted March 1, 2016; effective July 1, 2016.)

 

Idaho Rules for Small Claims Actions Rule 6. Consolidating Cases for Hearing.

 

The court may hear related actions together.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 7. Transferring Action to District Court.

 

When a defendant in an action under these rules files an action in the district court or the magistrate division which arises out of the same transaction or occurrence, or is similar to a compulsory counterclaim pursuant to Rule 13(a), Idaho Rules of Civil Procedure, the judge presiding over the non-small claim action must order the small claim action transferred and consolidate the actions for trial.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 8. Appearances, Attorneys, and Witnesses.

 

(a)   Appearances. Any party may appear in person or by an authorized non-attorney employee.

 

(b)   Attorneys. No attorney may appear with or for a party in any hearing. However, after entry of a judgment, an attorney may appear in a proceeding relating to the execution of the judgment, including any proceeding for the examination of the judgment debtor in aid of execution of the judgment. An attorney may also appear as a party to a proceeding, except when the attorney obtained the claim by assignment.

 

(c)   Witnesses. Witnesses may be sworn and testify at hearing. Any party may subpoena and serve witnesses to a hearing as provided by the Idaho Rules of Civil Procedure. However, the party issuing and serving the subpoena must pay all of the witness and service costs. These costs may not be considered as costs awarded to the prevailing party.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 9. Disqualification of Magistrate.

 

A party may disqualify the assigned magistrate as provided in Rule 40, Idaho Rules of Civil Procedure.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 10. Dismissal for Lack of Service or Inactivity.

 

Dismissal pursuant to this rule is without prejudice. At least 14 days prior to dismissal, the clerk must give notice of the pending dismissal to all parties who have appeared.

 

(a)   For Lack of Service. If the summons has not been issued and served for a period of 30 days, the action may be dismissed. The court may reopen the case without additional filing fees if the request is made within six months from the date the original claim was filed and it appears that the defendant can be served.

 

(b)   For Inactivity. In the absence of a showing of good cause for retention, any action in which no action has been taken for a period of 6 months must be dismissed.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 11. Informal Proceedings.

The trial must be informal, and the court may adjourn the trial in the interest of justice and to allow the parties to present further relevant evidence. The court may allow the parties and any witnesses to appear telephonically. The court must make a verbatim record or recording of any proceeding or hearing.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 12. Judgment; Costs.

 

(a) Judgment

 

After a hearing, the court must enter judgment on a form furnished by the court. The clerk must serve copies of the judgment on both the plaintiff and the defendant either by personal delivery or by mailing to the address most likely to give notice to such parties.

 

(b) Costs as a Matter of Right.

 

When costs are awarded to a party, that party is entitled to the following costs, actually paid, as a matter of right:

 

(1) court filing fees, including any fees incidental to electronic filing; 

 

(2) actual fees for service of any pleading or document in the action, whether served by a public officer or other person; 

 

(3) attorney fees and costs on appeal pursuant to Rule 15, Idaho Rules for Small Claim Actions; and

 

(4) any fees related to execution of the judgment pursuant to Rule 14, Idaho Rules for Small Claim Actions.

 

 

(Adopted March 1, 2016; effective July 1, 2016; amended June 28, 2024, effective June 28, 2024.)

Idaho Rules for Small Claims Actions Rule 13. Vacating, Reconsidering, or Correcting Clerical Errors of a Judgment.

 

The court may vacate, reconsider, or correct clerical errors on its own or upon informal request of a party without formal notice or hearing. This may be done at any time, including during the pendency of an appeal, and may be on the grounds provided by Rule 55(c), 60(a) and (b), Idaho Rules of Civil Procedure, or for good cause shown. The court must issue a written decision and serve the parties in the same manner as for a judgment. If an appeal is pending in the action, the court must mail a copy to the clerk of the district court in which the appeal is pending.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules for Small Claims Actions Rule 14. Execution.

Execution on a judgment must be in the same manner as in the district court and the plaintiff must prepare the execution. However, the clerk of the court may assist in the preparation of the execution when requested by the plaintiff. The clerk must issue the execution when requested by the successful party but not until any appeal is final or until the 30-day statutory appeal period has passed. However, if the court entered a default judgment, the clerk may issue execution immediately. The sheriff anywhere in the state may serve an execution. The party enforcing the judgment must pay the fees for the issuance, service and enforcement of the execution. Those fees will be added to the amount to be paid by the unsuccessful party.

 

(Adopted March 1, 2016; effective July 1, 2016.)

Idaho Rules of Small Claims Actions Rule 15. Appeals.

(a)   Who May Appeal. Any aggrieved party may appeal to the district court as provided in these rules and by law; however, any party who defaults or does not appear will not have any right to appeal the judgment.

(b)   Notice of Appeal. The party wishing to appeal a judgment must file a notice of appeal in the court that heard the matter within the 30-day statutory appeal period and in the form provided by law. The notice of appeal must be accompanied by the filing fee unless the fee is waived as provided by Idaho Code Section 31-3220.

(c)   Trial de Novo. The court will conduct any appeal as a trial de novo.

(d)   Procedure on Appeal.

(1)   When a notice of appeal is filed, the clerk of the court where the action was filed will assign a file number and a magistrate in accordance with the assignment procedures of the county and serve copies of the notice of assignment on the parties or their attorneys by mail.

(2)   Except as provided in this rule, the Idaho Rules of Civil Procedure apply to the trial de novo unless the court determines it is not appropriate.

(3)   The court may permit or require the filing of amended or additional pleadings.

(4)   The court may permit discovery as provided by the Idaho Rules of Civil Procedure only by written court order and only within such limitations as the court feels appropriate.

(5)   A party may disqualify the court as provided by the Idaho Rules of Civil Procedure.

(6)   If a party wants a jury, it must request a jury in the de novo trial within 14 days of service of the notice setting the appeal for a hearing. The jury must consist of 6 jurors, unless the parties agree to a lesser number.

(e)   Costs on Appeal. Costs on appeal must be awarded to the prevailing party on appeal and may not exceed $50.00.

(f)   Attorneys Fees on Appeal. A prevailing party represented by an attorney will be awarded $25.00 in attorney fees.

 

(Adopted March 1, 2016; effective July 1, 2016.)