Idaho Code, Court Rules 1

2012·67.2 MB·English

by  State of Idaho

IDAHO
COURT
RULES
2012
VOLUME
1
IDAHO RULES OF CIVIL PROCEDURE
DAHO RULES OF EVIDENCE
1
Digitized by the Internet Archive
2013
in
http://archive.org/details/govlawidcourt201201
IDAHO CODE
IDAHO COURT
RULES
VOLUME
1
Compiled Under the Supervision ofthe
Idaho Code Commission
RICHARD GOODSON
F.
R. DANIEL BOWEN JEREMY P. PISCA
COMMISSIONERS
MAX M. SHEILS, JR.
EXECUTIVE SECRETARY
MICHIE
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Customer Service: 1-800-833-9844
LexisNexis and the Knowledge Burst logo are registered trademarks,
and MICHIE is a trademark of Reed Elsevier Properties Inc., used
under license. Matthew Bender is a registered trademark ofMatthew
Bender Properties Inc.
D 2012 State ofIdaho
All rights reserved.
4231329
ISBN 978-0-7698-5093-1 (Set)
(Pub.42205)
PUBLISHER'S NOTE
The 2012 edition ofthe Idaho Court Rules is in two volumes. Volume 1
contains the Idaho Rules of Civil Procedure and the Idaho Rules of
Evidence. Volume 2 contains the Idaho Criminal Rules, Misdemeanor
Criminal Rules, Idaho Infraction Rules, Idaho Juvenile Rules, Idaho Court
Administrative Rules, Idaho Rules ofProfessional Conduct, IdahoAppellate
Rules and selected federal rules affecting Idaho.
These volumes replace the Idaho Code, 2011 Idaho Court Rules volumes.
Theycontainthe IdahoCourtRules,whichcomprisethe IdahoRules ofCivil
Procedure (I.R.C.P), the Idaho Rules ofEvidence (I.R.E.), the Idaho Crim-
inal Rules (I.C.R.), the Misdemeanor Criminal Rules (M.C.R.), Idaho Infrac-
tionRules (I.I.R.), IdahoJuvenile Rules (I.J.R.), Idaho CourtAdministrative
Rules (I.C.A.R.), Idaho Rules of Professional Conduct (I.R.P.C.), and the
Idaho Appellate Rules (I.A.R.). These rules have been adopted by the
Supreme Court of Idaho with the purpose of simplifying and expediting
court procedures. In addition, these volumes contain the Rules for the
United States Court of Appeals, Ninth Circuit, the Local Rules for the
United States District Court, District ofIdaho and the Local Rules for the
United States Bankruptcy Court for the District ofIdaho.
The Idaho Rules ofCivil Procedure, as originally adopted bythe Supreme
Court following a study by a committee appointed by the State Bar
Commission, became effective November 1, 1958, but were amended by the
court effective January 1, 1975, in accordance with Rule 86. These rules
follow the Federal Rules of Civil Procedure insofar as practicable but
contain modifications adopted state practice. In some instances new rules
were written in order to clarify or preserve certain useful sections of the
Idaho Code.
The Idaho Rules of Evidence became effective July 1, 1985; the Idaho
Criminal Rules and the Misdemeanor Court Rules became effective July 1,
1980; the Idaho Infraction Rules became effective July 1, 1983; the Idaho
Juvenile Rules became effective July 1, 1996; the Idaho CourtAdministra-
tive Rules became effective July 1, 1980; the Idaho Rules of Professional
Conduct became effective November 1, 1986, and the IdahoAppellate Rules
became effective July 1, 1977.
The rules contained in these volumes are accompanied by a variety of
notes designed to present the user of the rules volume with relevant
information concerning the rule. These include compiler's notes, cross-
references and annotations in which the rule itself or a similar rule or
statute has been applied by the state or federal courts.
This publication contains annotations taken from decisions ofthe Idaho
Supreme and the Court of Appeals, and the appropriate federal courts,
posted on lexis.com. These cases will be printed in the following reports:
Pacific Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Reporter, 3rd Series
iii
PUBLISHER'S NOTE
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Ifyouhave anyquestions orsuggestionconcerningthe Idaho CourtRules,
please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280,
or email us at [email protected].
Visit our website at http://www.lexisnexis.com for an online bookstore,
technical support, customer service, and other company information.
LexisNexis
Attn: Customer Service
1275 Broadway
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IV
USER'S GUIDE
In order to assist both the legal profession and the layman in obtaining
the maximum benefit from the Idaho Code, a User's Guide has been
included in the first volume ofthe Code. This guide contains comments and
information on the many features found within the Idaho Code intended to
increase the usefulness ofthis set oflaws to the user7

TABLE OF CONTENTS
State Rules
Volume 1
Rules Page
Idaho Rules ofCivil Procedure 1
Index 747
Idaho Rules ofEvidence 777
Index 943
Volume 2
Idaho Criminal Rules
Index
Misdemeanor Criminal Rules
Index
Idaho Infraction Rules
Index
Idaho Juvenile Rules
Index
Idaho CourtAdministrative Rules
Index
Idaho Rules ofProfessional Conduct
Index
Idaho Appellate Rules
Index
Federal Rules
Local Rules ofProcedure ofthe United States District Court for the
District ofIdaho
Civil Rules and General Provisions
Criminal Rules
Appendices I-IV
Index
Local Bankruptcy Rules of Procedure for the United States Bank-
ruptcy Court in the District ofIdaho
Appendices I-III
Index
Rules ofthe United States Court ofAppeals for the Ninth Circuit
Appendix ofForms
vii
TABLE OF CONTENTS
Index
United States Court ofAppeals for the Ninth Circuit Revised Provi-
sions for the Representation on Appeal of Persons Finan-
cially Unable to Obtain Representation
Rules for Judicial-Conduct and Judicial-Disability Proceedings
Index
—
Judicial Council ofthe Ninth Circuit Amended Order Establishing
and Continuing the Bankruptcy Appellate Panel of the
Ninth Circuit
Index
Rules ofthe United States BankruptcyAppellate Panel ofthe Ninth
Circuit
Index
Vlll