Title 7 — SPECIAL PROCEEDINGS

7-1308. Hearing — Findings — Judgment and decree — Costs — Entitlement to relief. (1) The filing of the petition and publication and posting of the notice as provided in section 7-1306, Idaho Code, shall be sufficient to give the court jurisdiction, and upon hearing the court sha…

7-1309. Appeal of judgment — Time for application. Appeal of the judgment of the court may be had as in other civil cases, except that such appeal must be filed within forty-two (42) days after the time of the rendition of such judgment.

7-1310. Applicability of Idaho rules of civil procedure — Early hearings. (1) The Idaho rules of civil procedure shall govern in matters of pleadings and practice where not otherwise specified herein. (2) The court shall disregard any error, irregularity, or omission which does n…

7-1311. Effect of chapter. (1) This chapter, without reference to other statutes of this state, except as otherwise expressly provided in this chapter, shall constitute full authority for the exercise of the powers herein granted. (2) The powers conferred by this chapter shall be…

7-1312. Severability. If any provisions of this act or its application to any person, political subdivision, or circumstance is held invalid, the remainder of the act or the application of the provision to other persons, political subdivisions or circumstances is not affected.

7-1313. Attorney fees. Whenever a court shall determine that a political subdivision is not entitled to the relief sought or that this chapter has not been substantially complied with and enters a judgment denying the petition, the court shall award reasonable attorney fees to an…

7-1401. Statement of legislative intent. The legislature of the state of Idaho finds that the remedy of suspension of a wide variety of licenses is needed to increase the effectiveness of enforcement of child support orders, compliance with subpoenas in paternity and child suppor…

7-1402. Definitions. (1) "Child support order" means a legally enforceable obligation, issued by a court or administrative body, assessed against an individual for the support of a child, which shall include medical care, health insurance premiums for the child, child care expens…

7-1403. Grounds for suspension of a license. In addition to any other basis provided by Idaho law for suspension of a license, a licensee is subject to suspension of a license if the licensee: (1) Is an obligor who has a delinquency as defined in section 7-1402(3), Idaho Code; (2…

7-1404. Jurisdiction for suspension of a license. (1) Upon petition of an obligee of a child support order, a person entitled to visitation with a minor child pursuant to court order, or the department of health and welfare, a court may issue an order suspending a license on any …

7-1405. Commencement of judicial proceeding for suspension of license. (1) A petition for suspension of a license may be commenced in the magistrate division of the district court of the county where the child support order or order for visitation was issued; and no filing fees s…

7-1406. Notice. Upon commencement of a proceeding for suspension of a license under this chapter, the petitioner shall also serve the licensee notice: (1) Of the licensee’s right to a hearing; (2) That the licensee has twenty-one (21) days after service to request a hearing; (3) …

7-1406A. good cause determination in license suspension proceedings. (1) A motor vehicle or occupational license suspension pursuant to this chapter shall be denied or stayed if the obligor proves that one (1) or more of the following conditions for good cause determination exist…

7-1407. Commencement of administrative proceeding by the department. The department shall commence an administrative proceeding to suspend a license by serving the licensee a notice that contains the information required for the petition and notice in sections 7-1405 and 7-1406, …

7-1408. Confirmation of nonlicensure. The petitioner or department shall notify the appropriate licensing authority of the commencement of a judicial or administrative proceeding to suspend a license. Notwithstanding any provision of the Idaho public records act, chapter 1, title…

7-1409. Hearing to contest suspension of license or licenses. (1) A request for a hearing shall be filed with the court or department by the licensee not later than twenty-one (21) days after the date of service of the notice. If a request for hearing is timely filed, the court o…

7-1410. Order suspending a license. (1) The court, licensing authority or department shall issue an order suspending a license unless: (a) After notice and hearing, the licensee is found to have paid the delinquency and the current month’s support in full, or complied with the su…

7-1410A. family law temporary restricted license. (1) This section applies to a licensee whose driver’s license would otherwise be valid if not for a family law license suspension ordered by a court, licensing authority, or the department pursuant to section 7-1410, Idaho Code. F…

7-1411. Default. The court or department shall deem the allegations of the petition or notice to be admitted and shall issue an order suspending a license if the licensee fails to make a timely request for a hearing or fails to appear at a hearing without good cause. The entry of…

7-1412. Action by licensing authority. (1) On receipt of a final order suspending a license, the licensing authority shall summarily suspend the license effective the date the order became final, without additional review or hearing. (2) A licensing authority may not review, vaca…

7-1413. Vacating or staying an order suspending a license. (1) Upon motion, a court shall issue an order vacating the suspension of a license due to nonpayment of child support if the licensee is found to have paid all current and delinquent child support, or shall stay the suspe…

7-1414. Proceeding to reinstate the suspension. (1) The obligee or department may file a motion with the court to lift the stay and reinstate the suspension of a license due to nonpayment of child support if the licensee does not maintain current support payments or fails to comp…

7-1415. Fees and penalties. A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority. Pursuant to its statute and rules, a licensing authority may charge fees or impose penalties on a lice…

7-1416. Cooperation between licensing authorities and the department of health and welfare. (1) Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, upon request of the department a licensing authority shal…

7-1417. Final order of suspension. (1) A license suspension order issued by the court shall be final and conclusive between the parties unless an appeal is filed within twenty-eight (28) days. (2) A license suspension order issued by a hearing officer of the department shall be f…

7-1501. Short title. This chapter shall be referred to as the "Small Lawsuit Resolution Act."

7-1502. Authorization. To reduce the cost and expense of litigation and encourage the swift, fair and cost-effective resolution of disputes, the legislature hereby establishes a system to encourage civil litigants to resolve their disputes through alternative dispute resolution. …

7-1503. Actions to which the Idaho civil evaluation option applies — Initiation of process — Option to mediate — Motions for removal from evaluation. (1) Civil actions in which the sole relief sought is a money judgment in which the parties agree that the total claims for all dam…

7-1504. Selection of evaluator — Court administration of procedure — Rules, standards and procedures — Exemption from operation of the chapter. (1) All magistrate judges, district judges and appellate court judges and justices, whether classified as sitting, senior or retired, ar…

7-1505. Qualifications, appointment and compensation of evaluators. (1) Any individual desiring to be on a list of private civil litigation evaluators under this chapter shall submit a request to the supreme court identifying each county in which the individual wishes to serve. T…

7-1506. Evaluator authority — Procedures relating to service, filing and computation of time. (1) Solely for the purpose of an evaluation, an evaluator has the authority to: (a) Decide procedural issues and deadlines relating to the conduct of the evaluation, including discovery …

7-1507. Discovery. (1) Unless the evaluator orders otherwise: (a) A defending party may demand in writing a statement from each claimant setting forth separately the amounts of any special, general or other damages sought in the evaluation. Such statement shall be served on all p…

7-1508. Prehearing and hearing procedures. (1) The evaluator shall set the time and place of the evaluation hearing and shall give reasonable notice of the hearing to the parties. The parties may agree to hold the hearing by telephone. Except by stipulation among the parties and …

7-1509. Evaluation decision — Trial de novo — Miscellaneous. (1) Within fourteen (14) days following the evaluation, the evaluator shall issue a written, signed decision. The evaluator shall determine all issues raised by the pleadings, including a determination of any damages. T…

7-1510. Right to trial. The intent of this chapter is to maintain the right to a court or jury trial and the provisions of this statute shall not be construed to impair that right.

7-1511. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

7-1512. Statistical records — Compilation of evaluator list. (1) The supreme court shall keep statistical records of the number of requests for evaluation filed pursuant to the provisions of this chapter, the number of requests for trial de novo hereunder, and the number of insta…

7-1601. short title. This chapter shall be known and may be cited as the "Gestational Agreements Act."

7-1602. PURPOSE. The purpose of this chapter is to: (1) Facilitate the use of gestational agreements in accordance with the public policy of the state of Idaho; (2) Establish consistent standards and procedural safeguards for the protection of all parties to gestational agreement…

7-1603. definitions. As used in this chapter: (1) "Assisted reproduction" means the laboratory and medical procedures used by a medical professional in which human gametes are used outside the body for reproductive purposes. (2) "Gamete" means a mature male or female germ cell us…

7-1604. gestational agreement. (1) Prior to assisted reproduction, a gestational carrier and an intended parent shall enter into a written gestational agreement. If the gestational carrier is married, her spouse shall also be a party to the agreement. Neither the gestational carr…

7-1605. validation of agreement. (1) A gestational agreement entered under this chapter is enforceable only if it is validated pursuant to this section. (2) For a gestational agreement to be validated pursuant to this section, at least one (1) party to the agreement must reside i…

7-1606. Termination of agreement. (1) A party to a gestational agreement may terminate the agreement at any time prior to the gestational carrier becoming pregnant by means of assisted reproduction under the terms of the agreement. The terminating party must give written notice o…

7-1607. parentage under a validated gestational agreement. (1) This section shall apply in determining the parentage of a child born under the terms of a gestational agreement that has been validated pursuant to section 7-1605, Idaho Code. (2) No later than fourteen (14) days aft…

7-1608. disputed parentage. (1) If a party to a gestational agreement validated pursuant to section 7-1605, Idaho Code, disputes the parentage of a child allegedly born under the terms of the agreement, the court that issued the validation order shall order genetic testing to det…

7-1609. sealed record of proceeding. On the motion of any party to a proceeding under this chapter, the district court shall order that the record of its proceedings under this chapter be sealed. When such order has been made and entered, the court shall seal the record, and ther…

7-1610. jurisdiction. Subject to the jurisdictional standards of chapter 11, title 32, Idaho Code, the court that conducts a proceeding under this chapter shall have exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born unde…

7-1611. full faith and credit. (1) An order of parentage issued by a court or administrative body of another state with jurisdiction to make the order shall be entitled to full faith and credit and shall be accepted by the courts of this state. (2) To certify an order of parentag…

7-1612. medical information of donor. A gestational agreement may provide for the disclosure of a gamete donor’s medical information to a child born according to the terms of the gestational agreement and may describe the circumstances warranting such disclosure. However, if a ga…