Rule 1 – Scope of Rules; District Court Rules

May 11, 2021 | Criminal Procedure, Idaho

(a) Title. These rules may be known and cited as the Idaho Rules of Civil Procedure, or abbreviated I.R.C.P.
(b) 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 judges 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.
(c) District Court Rules. The district courts of each judicial district by 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.

I.R.C.P. 1

Effective July 1, 2016