Idaho Instructions for Plaintiffs in Small Claims Cases

State:
Idaho
Control #:
ID-SKU-583
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PDF
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Instructions for Plaintiffs in Small Claims Cases

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FAQ

The party wishing to appeal a judgment must file a notice of appeal in the court that heard the matter within the 30-day statutory appeal period and in the form provided by law. The notice of appeal must be accompanied by the filing fee unless the fee is waived as provided by Idaho Code Section 31-3220.

Court is held in Boise, Coeur d'Alene, and Pocatello. Cases from the District of Idaho are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

If you wish to have a direct appeal, you must file a motion for permission to appeal with the magistrate court within 14 days from the date of entry of the order. The magistrate judge will then enter an order approving or disapproving the motion within 14 days from the date the motion has its hearing.

Small Claims Court is a special court where: ? A person or a business can sue for up to $5,000. (You can sue for more than $5,000, but you must sue in Magistrate Court. You cannot get around the $5,000 limit by filing 2 small claims.) The rules are simple.

For more terms and definitions, please see Appendix #1 (pages 7-8). STEP 1: GATHER INFORMATION.STEP 2: DRAFT THE COMPLAINT.STEP 3: DRAFT THE SUMMONS.STEP 4: FILE COMPLAINT & STEP 5: SERVE THE DEFENDANT(S)STEP 6: CERTIFICATE OF SERVICE.STEP 7: WAIT FOR DEFENDANT'S.

In Idaho any individual, business or corporation may bring a small claims suit for the recovery of money when the amount requested isn't more than $5,000. Attorneys aren't allowed with you in Small Claims Court.

More info

The plaintiff must also complete and file a small claims information form. If you are filing suit individually, sign your name on the line and cross out everything below the line except the words "Signature of Plaintiff.If any of the claimants or defendants have a P.O. Box address, speak to the Court Clerk. Small claims cases usually take no more than 10 or 15 minutes. If you do not settle with the plaintiff, you must complete the answer form and file it with the court with the answer fee. Notice. If any of the claimants or defendants have a P.O. Box address, speak to the Court Clerk. Complete the SUMMONS and COMPLAINT. 4. Make 3 copies of the completed SUMMONS, COMPLAINT, and NOTICE TO PLAINTIFF AND. Plaintiff may also request a default judgment if you miss the court ordered mediation session or court hearing. You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment.

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Idaho Instructions for Plaintiffs in Small Claims Cases