Rule 42 – Consolidation; Separate Trials

by | May 11, 2021 | Criminal Procedure, Idaho

(a) Consolidation. If actions before the court involve a common question of law or fact, the court may:(1) join for hearing or trial any or all matters at issue in the actions;(2) consolidate the actions; or(3) issue any other orders to avoid unnecessary cost or...

Rule 41 – Dismissal of Actions

by | May 11, 2021 | Criminal Procedure, Idaho

(a) Voluntary Dismissal.(1)By the Plaintiff.(A) Without a Court Order. Subject to Rules 73, and 77(e) and any applicable statute, the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an...

Rule 40.1 – Change of Venue

by | May 11, 2021 | Criminal Procedure, Idaho

(a) Motion for Change of Venue. A judge may change venue only upon motion by any party. (1)Discretionary. A judge may grant a change of venue or change the place of trial to another county as provided by statute or when it appears by affidavit or other satisfactory...

Rule 40 – Disqualification

by | May 11, 2021 | Criminal Procedure, Idaho

(a) Disqualification Without Cause. In all civil actions and petitions for judicial review, each party has the right to file one motion for disqualification of the judge, which does not require the statement of any grounds, under the following conditions and...

Rule 39 – Trial by Jury or by the Court

by | May 11, 2021 | Criminal Procedure, Idaho

(a) When a Demand is Made. When a jury trial has been demanded under Rule 38, the action must be designated on the register of actions as a jury action. The trial on all issues so demanded must be by jury, unless: (1) the parties or their attorneys file a stipulation...