Title 1 — COURTS AND COURT OFFICIALS

1-101. Courts enumerated. The following are the courts of justice of this state: 1. The Supreme Court. 2. The Court of Appeals. 3. The district courts. 4. The magistrate’s division of the district courts.

1-102. Courts of record. The courts enumerated in section 1-101, Idaho Code, are courts of record.

1-103. Probate, police and justice of the peace courts abolished — Transfer of jurisdiction. All probate courts, justice of the peace courts, and police courts shall cease to exist on the date as provided in this act. Wherever the words probate court, justice court or police cour…

1-104. All actions filed in district court. From and after the effective date of this act, all actions of any kind shall be filed in the proper district court, as provided by law or rules of the Supreme Court, and any provision of law to the contrary is hereby declared to be null…

1-105. Criminal procedure — Supreme Court rules govern. Procedures in the district court or magistrate’s division of the district court involving criminal actions which, prior to January 11, 1971, were triable in the probate court, justice court or police court, shall be governed…

1-201. Constitution of court. The supreme court consists of five (5) justices, a majority of whom shall be necessary to make a quorum or pronounce a decision. The justices of the supreme court shall be elected by the electors of the state at large. The terms of office of said jus…

1-202. Jurisdiction in general. The jurisdiction of this court is of two (2) kinds: 1. Original; and 2. Appellate.

1-203. Original jurisdiction. Its original jurisdiction extends to the issuance of writs of mandamus, certiorari, prohibition, habeas corpus, and all writs necessary or proper to the exercise of its appellate jurisdiction.

1-204. Appellate jurisdiction. Its appellate jurisdiction extends to a review of all cases removed to it under such regulations as are now or may be prescribed by law, from the final decisions of the district courts, or the judges thereof.

1-205. Disposition of appeals. The court may reverse, affirm or modify any order or judgment appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. Its judgment must be remitted to the court from which the…

1-206. Quorum — Adjournments. The presence of three (3) justices is necessary for the transaction of business, but one (1) of the justices may adjourn the court from day to day with the same effect as if all were present.

1-207. Concurrence in decisions. The concurrence of three (3) justices is necessary to pronounce a judgment; if three (3) do not concur, the case must be reheard.

1-208. Terms and places of holding Supreme Court. The Supreme Court, or any three (3) of the justices thereof, may, by an order, fix the times for holding the terms of the Supreme Court, which shall not be changed oftener than once in each year, except as herein provided. At leas…

1-209. Places of holding court in case of emergency. In case of epidemic, pestilence or destruction of courthouses, the justices may hold terms of the Supreme Court provided by the preceding section at other convenient places, to be fixed by a majority of the justices.

1-210. Bailiff, crier and messenger — Appointment and compensation. The court shall have power to appoint a bailiff, crier and messenger when such officers are necessary whose duties shall be fixed by the court, and whose compensation for all services rendered to the state of Ida…

1-211. Expenses of Supreme Court officers. There must be paid to each of the justices of the Supreme Court, and to the clerk of the Supreme Court, out of the state treasury, for each term of the Supreme Court held away from Boise City, his actual expenses for subsistence, and in …

1-212. Rule-making power recognized. The inherent power of the Supreme Court to make rules governing procedure in all the courts of Idaho is hereby recognized and confirmed.

1-213. Duty to make rules — Limitation. The Supreme Court shall prescribe, by general rules, for all the courts of Idaho, the forms of process, writs, pleadings and motions, the manner of service, time for appearance, and the practice and procedure in all actions and proceedings.…

1-214. Assistance in formulation of rules. The Supreme Court is hereby authorized to appoint from among the district judges of Idaho and the members of the organized bar of Idaho such persons as it deems advisable to assist it in the formulation of such rules.

1-215. Assignment of justice pro tempore in event of vacancy, disqualification, disability or absence. (1) When there is a vacancy in any of the positions of justice of the supreme court, and until the vacancy is filled as provided by law, the supreme court may assign a senior ju…

1-301. Appointment from district judges — Duties — Compensation and expenses — Removal — Vacancies — Oath. The Supreme Court of the state of Idaho may, at any time, appoint from among the duly elected, qualified and acting district judges of the state of Idaho, from any of the va…

1-302. District judge — Direction to serve in another district. In order not to interrupt or delay the expeditious transaction and disposition of district court business in the several counties or judicial districts on account of the establishment of such Supreme Court commission…

1-303. Sessions of commission — Selection of personnel. Such commission shall be by the Supreme Court called from time to time, and shall only be required to remain in session such length of time as is required for the hearing of such cases and conferences concerning decisions an…

1-402. Fees. The clerk of the supreme court shall charge, demand and receive the following fees for services rendered in discharging the duties imposed upon him by law: For filing an appeal in each civil case appealed to the supreme court, sixty-eight dollars ($68.00), to be paid…

1-403. Filing papers. He must file all papers that may be legally lodged with him for that purpose, noting the day, month, and year when so filed.

1-404. Responsibility for books and papers. He is responsible for the safe custody and delivery to his successor of all books and papers belonging to his office.

1-405. Authority to administer oaths. He may administer oaths in every case where an oath is authorized by law.

1-406. Prohibitions. He must not practice as an attorney or counselor, nor be surety or bail in any case in the court of which he is clerk.

1-407. Authority to take acknowledgments. He is authorized to take acknowledgments of deeds and instruments of writing under the seal of his office.

1-408. Official bond. The clerk of the Supreme Court shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code.

1-501. Clerk to be ex officio reporter. The clerk of the Supreme Court shall be ex officio reporter of the decisions of the Supreme Court.

1-502. Decisions to be reported. The reporter must prepare a report of all decisions of such court.

1-503. Preparation of decisions. The decisions shall be prepared for publication by giving the title to each case, a syllabus of the points decided, and the names of the counsel appearing in the Supreme Court in the case, and each volume shall contain, at the end thereof, a full …

1-504. Name and arrangement of reports. Volumes published under the provisions of this article shall be called "Idaho Reports, Volume–." Volumes shall be numbered consecutively. Each volume shall commence with the decisions immediately following those reported in the preceding vo…

1-505. Distribution of reports. The reporter shall have no pecuniary interest in the reports. The decisions of the said supreme court shall be prepared for publication, by the reporter, as rapidly as possible, and as soon as a sufficient number of decisions are prepared to fill a…

1-506. Contract to print reports. The contract to print the reports of such decisions shall be let by the reporter with the approval of the justices of the supreme court, or a majority thereof, to some person or persons who will print the same on terms most advantageous to the st…

1-508. Receipt to printer — Record and receipt for reports distributed. The librarian of the state law library shall give to the contracting printer a receipt for all copies of reports of said decisions delivered to him by such printer, and the librarian shall keep a correct reco…

1-601. Reference to code provisions concerning other court officers. Other officers of courts are the clerks of the district courts; stenographic reports, and the crier, bailiff and messenger of the Supreme Court. The office, bond, fees and general duties of the clerks of the dis…

1-611. Administrative director of courts — Appointment by Supreme Court — Term — Compensation. There is hereby established the office of the administrative director of the courts of the state of Idaho. The Supreme Court shall appoint and fix the compensation of the administrative…

1-612. Duties of administrative director. The administrative director, acting under the supervision and direction of the supreme court, shall: (a) Procure data from time to time and as of the close of each fiscal year with respect to these matters: the business transacted by the …

1-613. Judicial assistance needed in given district — Assignment of judge. Whenever the administrative director’s report indicates that there is need for judicial assistance in any court, the Supreme Court shall assign to that court any judge for a fixed period or for specific pu…

1-614. Judges and clerks of courts — Duties — Access to records. (a) The judges, clerks and other officers of the courts shall comply with the requests made by the administrative director for the inspection, standardization, and improvement of the records and systems employed in …

1-615. Supreme Court may provide assistants — Clerical assistance. The Supreme Court may provide such assistants and clerical assistance to the administrative director as may be deemed necessary to perform the duties and responsibilities imposed on him by this act.

1-701. District courts established. District courts are hereby established to be held in each of the counties of the state which have been or may hereafter be organized by law, for the purpose of hearing and determining all matters and causes arising under the laws of this state.

1-702. District judges — Election and term — New district judgeship and appointment to fill vacancy. The district court is presided over by district judges chosen by the qualified electors of their respective districts for a term of four (4) years, except that upon the creation o…

1-703. Jurisdiction of judges where more than one — Administrative judge. Where there is more than one (1) judge in any district, the jurisdiction of the respective judges of said district shall be equal and coextensive with the boundaries of the district. In each judicial distri…

1-704. District judge — Power to hold court in another district. A district judge may hold a court in any county in this state upon the request of the judge of the district in which such court is to be held; and when by reason of sickness or absence from the state, or from any ot…

1-705. Jurisdiction — Original and appellate. The district court has original jurisdiction: 1. In all cases and proceedings. 2. In the issuance of writs of mandamus, certiorari, prohibition, habeas corpus and all writs necessary to the exercise of its powers. 3. Its appellate jur…

1-711. Expenses of district judges. There shall be paid to each of the judges of the district courts, out of the state treasury, his actual and necessary expenses for subsistence and travel incurred while absent from the city of his resident chambers in attending to and performin…

1-801. Number of judicial districts — Number of judges — Resident chambers. The state is divided into seven (7) judicial districts described in this chapter. The number of district judges for each judicial district shall be as described by this chapter. The resident chambers of a…