Title 6 — ACTIONS IN PARTICULAR CASES

6-542. Sale of infant’s share — Payment of proceeds to guardian. When the share of an infant is sold, the proceeds of the sale may be paid by the referee making the sale to his general guardian, or the special guardian appointed for him in the action.

6-543. Sale of share of incapacitated or protected person — Payment of proceeds to guardian. The guardian who may be entitled to the custody and management of the estate of an incapacitated or protected person whose interest in real property has been sold, may receive, in behalf …

6-544. Partition without action — Consent of guardian. The general guardian of an infant, and the guardian entitled to the custody and management of the estate of an incapacitated or protected person, or other person adjudged incapable of conducting his own affairs, who is intere…

6-545. Costs of partition — Apportionment to parties — Lien. The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectivel…

6-546. Appointment of single referee. The court, with the consent of the parties, may appoint a single referee, instead of three (3) referees, in the proceedings under the provisions of this chapter, and the single referee, when thus appointed, has all the powers and may perform …

6-547. Cost of abstract of title. If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed to have the same made bef…

6-601. Writ of scire facias abolished. The writ of scire facias is abolished.

6-602. Actions for usurpation of office. An action may be brought in the name of the people of the state against any person who usurps, intrudes into, holds or exercises any office or franchise, real or pretended, within this state, without authority of law. Such action shall be …

6-603. Statement of private right — Arrest of defendant. Whenever such action is brought in the name of the people of the state, the prosecuting attorney at the request of the person entitled to the office or franchise, in addition to the cause of action in behalf of the people o…

6-604. Form of judgment. In every such case judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as the form of the action and justice may require.

6-605. Judgment for person entitled to office. If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by…

6-606. Damages against usurper. If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover by action the damages which he may have sustained by reason of the usurpation of the office by the defendant.

6-607. Actions against several claimants. When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons in order to try their respective rights to such office or franchise.

6-608. Judgment of ouster — Fine. When a defendant against whom such action has been brought is adjudged guilty of usurping or intruding into or unlawfully holding any office, franchise or privilege, judgment must be rendered that such defendant be excluded from the office, franc…

6-609. Undertaking required of informer. When the action is brought upon the information or application of a private party, the prosecuting attorney may require such party to enter into an undertaking, with sureties to be approved by the said officer, conditioned that such party …

6-610. Actions against law enforcement officers. (1) For purposes of this section, a "law enforcement officer" shall be defined as any court personnel, sheriff, constable, peace officer, state police officer, correctional, probation or parole official, prosecuting attorney, city …

6-610A. Employer furnishing defense for public officer in criminal actions — Requirements. (1) If a criminal action or proceeding is brought against an employee who is a sheriff, constable, peace officer, commissioned officer of the Idaho state police, or any other person charged…

6-611. Immunity from liability. No public officer may be held either criminally or civilly liable for actions performed under any statute if such statute is subsequently declared by judicial determination to be unconstitutional or otherwise non-existent or void, if such actions w…

6-701. Defamatory statements uttered on radio and television broadcasts in behalf of candidates — Liability. The owner, licensee, or operator of a visual or sound radio broadcasting station, or network of stations, or agents or employees of any such owner, licensee, or operator s…

6-702. Uniform single publication act — One cause of action for libel or slander — Recovery. No person shall have more than one (1) cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utter…

6-703. Judgment a bar to second action. A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in section 6-702, Idaho Code, shall bar any other ac…

6-704. Interpretation of act. This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.

6-705. Title of act. This act may be cited as the Uniform Single Publication Act.

6-706. Radio or television broadcasting station or network of stations — Proof of malice. No person, firm, or corporation owning or operating a radio or television broadcasting station or network of stations shall be liable under the laws of libel, slander or defamation on accoun…

6-707. Right of station to require submission of matter intended to be broadcast. Any person, firm, or corporation owning or operating a radio or television broadcasting station shall have the right, but shall not be compelled, to require the submission and permanent filing, in s…

6-708. Limitations and restrictions upon immunity from liability — Failure to exercise due care. Nothing in this act contained shall be construed to relieve any person broadcasting over a radio or television station from liability under the law of libel, slander or defamation. No…

6-709. Liability in case of joint operation. In any case where liability shall exist on account of any broadcast where two (2) or more radio or television stations were connected together simultaneously or by transcription, film, or other approved or adapted use for joint operati…

6-710. Privileged broadcasts. A privileged broadcast which shall not be considered as libelous, slanderous, or defamatory is one made: (1) In the proper discharge of an official duty. (2) In any broadcast of or any statement made in any legislative or judicial proceeding. (3) By …

6-711. Malice not inferred from broadcast. In the cases provided for in subdivision (3) of the preceding section, malice is not to be inferred from the mere fact of communication or broadcast.

6-712. Retraction by newspaper, radio or television broadcasting station or network of stations — Limit of recovery. In any action for damages for the publication of a libel, in a newspaper, or of a slander or libel by radio or television broadcast, plaintiff shall recover no mor…

6-713. Privileged publication in newspaper defined. A privileged publication in a newspaper which shall not be considered as libelous is one made: (1) In the proper discharge of an official duty. (2) In any publication of or any statement made in any legislative or judicial proce…

6-714. Malice not inferred from publication. In the cases provided for in subdivisions (3) and (4) of the preceding section, malice is not inferred from the communication or publication.

6-801. Comparative negligence or comparative responsibility — Effect of contributory negligence. Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence…

6-802. Verdict giving percentage of negligence or comparative responsibility attributable to each party. The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of negligence or c…

6-803. Contribution among joint tortfeasors — Declaration of right — Exception — Limited joint and several liability. (1) The right of contribution exists among joint tortfeasors, but a joint tortfeasor is not entitled to a money judgment for contribution until he has by payment …

6-804. Common law liabilities preserved. Nothing in this act affects: (1) The common law liability of the several joint tortfeasors to have judgment recovered and payment made from them individually by the injured person for the whole injury shall be limited to causes of action l…

6-805. Effect of release of one tortfeasor on liability of others. (1) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides, but, unless otherwise provided in subsect…

6-806. Effect of release of one tortfeasor on his liability for contribution to others — Limits on application of section. A release by the injured person of one (1) joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the r…

6-807. Limitation on the recovery of damages — Reducing or increasing an award. (1) In all civil actions in which there has been an award of damages as herein defined, the trial judge may, in his discretion, and after considering all of the evidence, alter such portion of the awa…

6-808. Civil immunity for self-defense. (1) A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is immune from any civil liability for the use of such force except when the person knew or re…

6-901. Short title. This act shall be known and may be cited as the "Idaho tort claims act."

6-902. Definitions. As used in this act: 1. "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof. 2. "Political subdivision" means any county, city, municipal …

6-902A. Supervisory physician. (1) For purposes of this chapter only, a supervisory physician shall be considered an employee. (2) As used in this section: (a) "Supervisory duties" means those administrative duties of a physician who supervises personnel affiliated with a license…

6-903. Liability of governmental entities — Defense of employees. (1) Except as otherwise provided in this act, every governmental entity is subject to liability for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acti…

6-904. Exceptions to governmental liability. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which: 1. Arises out of any act or omission of an employee of …

6-904A. Exceptions to governmental liability. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shal…

6-904B. Exceptions to governmental liability. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section 6-90…

6-904C. Definitions. For the purposes of this chapter, and this chapter only, the following words and phrases shall be defined as follows: 1. "Gross negligence" is the doing or failing to do an act which a reasonable person in a similar situation and of similar responsibility wou…

6-905. Filing claims against state or employee — Time. All claims against the state arising under the provisions of this act and all claims against an employee of the state for any act or omission of the employee within the course or scope of his employment shall be presented to …

6-906. Filing claims against political subdivision or employee — Time. All claims against a political subdivison arising under the provisions of this act and all claims against an employee of a political subdivision for any act or omission of the employee within the course or sco…