2000 Legislation
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SENATE BILL NO. 1393 – Magistrates/small claims, limits

SENATE BILL NO. 1393

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S1393................................................by JUDICIARY AND RULES
MAGISTRATES - SMALL CLAIMS DEPARTMENT - Repeals, adds to and amends
existing law to increase the monetary limit of civil actions which may be
assigned to magistrates from three thousand dollars to four thousand
dollars; to update the law governing proceedings in the Small Claims
Department; to provide for service of process by mail; to require that the
defendant file an answer to the claim and to provide for entry of a default
judgment if an answer is not filed; to clarify procedures for small claims
actions by or against governmental officials and agencies and business
organizations; and to clarify the scope of participation by attorneys in
small claims actions.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 30-0-5
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Darrington, Deide, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, McLaughlin, Noh, Parry, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler,
      Whitworth, Williams
      NAYS--None
      Absent and excused--Danielson, Davis, Dunklin, Lee, Richardson
    Floor Sponsor - Frasure
    Title apvd - to House
02/25    House intro - 1st rdg - to Jud
03/28    Rpt out - rec d/p - to 2nd rdg
03/29    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher(Loertscher), Marley, McKague, Meyer, Montgomery,
      Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
      Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Clark, Crow, Deal, Mader
    Floor Sponsor - Clark
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 250
         Effective: 01/01/01

Bill Text


 S1393
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1393
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE MAGISTRATE'S DIVISION OF THE DISTRICT COURT; AMENDING  SECTION
  3        1-2208,  IDAHO  CODE,  TO INCREASE THE MONETARY LIMIT OF CIVIL PROCEEDINGS
  4        WHICH MAY BE ASSIGNED TO MAGISTRATES AND TO  MAKE  TECHNICAL  CORRECTIONS;
  5        AMENDING  SECTION  1-2210,  IDAHO CODE, TO INCREASE THE MONETARY AMOUNT OF
  6        CIVIL ACTIONS WHICH MAY BE REFERRED TO MAGISTRATES WHO ARE  NOT  ATTORNEYS
  7        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 1-2301, IDAHO CODE, TO
  8        INCREASE  THE  MONETARY AMOUNTS IN CASES WHICH COME UNDER THE JURISDICTION
  9        OF THE SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE'S DIVISION  OF  THE  DIS-
 10        TRICT COURT, TO PROVIDE FOR VENUE OF ACTIONS AND TO MAKE TECHNICAL CORREC-
 11        TIONS;  REPEALING SECTIONS 1-2303 AND 1-2304, IDAHO CODE; AMENDING CHAPTER
 12        23, TITLE 1, IDAHO CODE, BY THE ADDITION OF A NEW  SECTION  1-2303,  IDAHO
 13        CODE,  TO  PROVIDE  FOR FILING A CLAIM, TO PROVIDE FOR INSTRUCTIONS TO THE
 14        DEFENDANT, TO PROVIDE FOR FILING OF AN ANSWER BY THE DEFENDANT AND DEFAULT
 15        JUDGMENT IF NO ANSWER IS FILED AND TO PROVIDE A FEE; AMENDING CHAPTER  23,
 16        TITLE  1, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 1-2304, IDAHO CODE,
 17        TO PROVIDE FOR SERVICE OF PROCESS,  SERVICE  BY  MAIL  AND  SERVICE  COSTS
 18        RECOVERABLE BY THE PLAINTIFF; AMENDING SECTION 1-2305, IDAHO CODE, TO PRO-
 19        VIDE PROPER NOMENCLATURE AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SEC-
 20        TIONS  1-2306  AND 1-2307, IDAHO CODE; AMENDING CHAPTER 23, TITLE 1, IDAHO
 21        CODE, BY THE ADDITION OF A NEW SECTION 1-2306, IDAHO CODE, TO PROVIDE  FOR
 22        ACTIONS  BY  OR  AGAINST  STATE OR LOCAL GOVERNMENT OFFICIALS OR AGENCIES;
 23        AMENDING SECTION 1-2308, IDAHO CODE, TO REDESIGNATE THE SECTION,  TO  PRO-
 24        HIBIT  APPEARANCES  IN SMALL CLAIMS COURT BY ATTORNEYS AT LAW ON BEHALF OF
 25        PARTIES TO THE ACTION, TO PROVIDE FOR LEGAL ASSISTANCE TO PARTIES, TO PRO-
 26        VIDE FOR REPRESENTATION OF  BUSINESS  ORGANIZATIONS  AND  TO  PROVIDE  FOR
 27        ACTIONS  BY AN ASSIGNEE OF A DEBT OR CLAIM; AMENDING SECTION 1-2313, IDAHO
 28        CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-6316, IDAHO CODE,
 29        TO CHANGE A REFERENCE REGARDING THE MONETARY AMOUNTS FOR CASES  THAT  COME
 30        UNDER  THE JURISDICTION OF THE SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE'S
 31        DIVISION OF THE DISTRICT COURT AND TO MAKE  A  TECHNICAL  CORRECTION;  AND
 32        PROVIDING APPLICATION.
                                                                        
 33    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 34        SECTION  1.  That  Section  1-2208, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        1-2208.  ASSIGNMENT OF CASES TO MAGISTRATES. Subject to rules  promulgated
 37    by  the Ssupreme Ccourt, the administrative judge in each judicial district or
 38    any district judge in the district designated by  him  may  assign  to  magis-
 39    trates,  severally,  or  by  designation of office, or by class or category of
 40    cases, or in specific instances the following matters:
 41        (1)  Civil proceedings as follows:
 42        (a)  When the amount of money or damages or the value of personal property
 43        claimed does not exceed three four thousand dollars ($34,000):
                                                                        
                                           2
                                                                        
  1             (1i)   aActions for the recovery of money only arising  on  contracts
  2             express  or  implied; actions for damages for injury to person, prop-
  3             erty or reputation or for taking or detaining personal  property,  or
  4             for fraud;
  5             (2ii)  aActions for rent and distress for rent;
  6             (3iii) aActions for claim and delivery;
  7             (4iv)  pProceedings  in  attachment, garnishment, wage deductions for
  8             the benefit of creditors, trial or right  of  personal  property  and
  9             exemptions, and supplementary proceedings;
 10             (5v)   aActions  arising under the laws for the incorporation of cit-
 11             ies or counties or any ordinance passed in pursuance thereof; actions
 12             for the confiscation or abatement of nuisances and the seizure,  con-
 13             demnation and forfeiture of personal property; proceedings in respect
 14             of estrays and lost property;
 15             (6vi)  aActions to collect taxes.
 16        (b)  Proceedings  in  forcible  entry,  forcible  detainer,  and  unlawful
 17        detainer; and,
 18        (c)  Proceedings  for  the  enforcement  and foreclosure of common law and
 19        statutory liens of not to exceed three four thousand dollars ($34,000)  on
 20        real or personal property.
 21        (2)  Proceedings  in the probate of wills and administration of estates of
 22    decedents, minors and incompetents.
 23        (3)  The following criminal and quasi-criminal proceedings:
 24        (a)  Misdemeanor and quasi-criminal actions;
 25        (b)  Proceedings to prevent the commission of crimes;
 26        (c)  Proceedings pertaining to warrants for arrest  or  for  searches  and
 27        seizures; and,
 28        (d)  Proceedings  for  the  preliminary  examination to determine probable
 29        cause, commitment prior to trial or the release on bail of persons charged
 30        with criminal offenses.
 31        (4)  Any juvenile proceedings except those within the scope of the  provi-
 32    sions of section 1-2210, Idaho Code.
 33        (5)  Proceedings  under  the  Idaho  traffic  infractions act, chapter 15,
 34    title 49, Idaho Code.
                                                                        
 35        SECTION 2.  That Section 1-2210, Idaho Code, be, and the  same  is  hereby
 36    amended to read as follows:
                                                                        
 37        1-2210.  ASSIGNMENTS  RESTRICTED  TO  MAGISTRATES  WHO  ARE ATTORNEYS. The
 38    Ssupreme Ccourt by rule may specify additional categories of  matters  assign-
 39    able  to magistrates, except that the following matters may not be assigned to
 40    magistrates who are not attorneys:
 41        (a1)  cCivil actions in which the amount of money or damages or the  value
 42    of  property  claimed exceeds three four thousand dollars ($34,000), except as
 43    otherwise authorized by this act;
 44        (b2)  cCriminal proceedings in which  the  maximum  authorized  punishment
 45    exceeds the punishment authorized for misdemeanors;
 46        (c3)  aAll proceedings involving the custody of minors and all habeas cor-
 47    pus proceedings;
 48        (d4)  pProceedings for divorce, separate maintenance or annulment; and
 49        (e5)  pProceedings in quo warranto, or for injunction, prohibition, manda-
 50    mus, ne exeat, or appointment of a receiver.
                                                                        
 51        SECTION  3.  That  Section  1-2301, Idaho Code, be, and the same is hereby
 52    amended to read as follows:
                                                                        
                                           3
                                                                        
  1        1-2301.  SMALL CLAIMS DEPARTMENT -- CREATION AND JURISDICTION -- SCOPE  OF
  2    CLAIMS  -- VENUE. In every magistrate's division of the district court of this
  3    state, the district court may create and organize a "Small  Claims  Department
  4    of  the Magistrate's Division," which shall have jurisdiction in cases for the
  5    recovery of money where the amount of each claim does not  exceed  three  four
  6    thousand dollars ($34,000), and in cases for the recovery of personal property
  7    where  the value of such the property does not exceed three four thousand dol-
  8    lars ($34,000); provided however, that the small claims department  shall  not
  9    award punitive damages or damages for pain or suffering in any proceeding. Any
 10    action brought in a small claims department of the magistrate's division shall
 11    be  brought  in  the  magistrate's  division encompassing either of the county
 12    where the any defendant resides or unless at the time the action is filed  all
 13    of the defendants reside outside of the state of  Idaho,  in  which  case  the
 14    action  shall be brought in the county where the cause of action arose. Either
 15    party to an action A defendant  may request a change of venue as  provided  by
 16    chapter 4, title 5, Idaho Code if an action is brought in an improper county.
                                                                        
 17        SECTION  4.  That Sections 1-2303 and 1-2304, Idaho Code, be, and the same
 18    are hereby repealed.
                                                                        
 19        SECTION 5.  That Chapter 23, Title 1, Idaho Code,  be,  and  the  same  is
 20    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 21    ignated as Section 1-2303, Idaho Code, and to read as follows:
                                                                        
 22        1-2303.  FILING OF CLAIM -- DEFAULT.  Upon filing a claim, the clerk shall
 23    furnish to the plaintiff a form of answer and instructions to  the  defendant,
 24    which,  among  other  matters shall advise the defendant that if the defendant
 25    desires to have a hearing on the matter, the defendant must sign, complete and
 26    file the answer with the clerk. The instructions also shall notify the defend-
 27    ant that if the defendant does not sign and file the answer within twenty (20)
 28    days from the date of service on the defendant, judgment will  be  entered  as
 29    requested in the claim.
 30        If  no answer is filed within twenty (20) days, judgment may be entered by
 31    the court as provided in Rule 55, I.R.C.P.  If  an  answer  is  filed  by  the
 32    defendant,  the  court  shall set the matter for trial or mediation, by notice
 33    mailed to each party.
 34        The court shall collect in advance upon each claim the sum of  seven  dol-
 35    lars ($7.00), which shall be in addition to the costs necessary to effect ser-
 36    vice  of  the  claim upon the defendant, and which shall be paid to the county
 37    treasurer for deposit in the district court fund of the county.
                                                                        
 38        SECTION 6.  That Chapter 23, Title 1, Idaho Code,  be,  and  the  same  is
 39    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 40    ignated as Section 1-2304, Idaho Code, and to read as follows:
                                                                        
 41        1-2304.  SERVICE OF PROCESS -- SERVICE BY MAIL. (1) A summons, copy of the
 42    claim, form of answer and instructions to defendant shall be served  upon  the
 43    defendant by personal service in the manner provided by law, or when a request
 44    is  made  therefor  by  the plaintiff, service of process may be made upon the
 45    defendant by mail, as herein provided.
 46        (2)  The plaintiff may request service  upon  the  defendant  by  mail  by
 47    endorsing  his  request in writing upon the claim, which request shall include
 48    the address to be used in mailing. The court shall mail to  the  defendant  at
 49    the  address  given  in  the endorsement a summons, copy of the claim, form of
 50    answer and  instructions to the defendant. Service of process by mail shall be
                                                                        
                                           4
                                                                        
  1    made by registered or certified mail, return receipt requested, and  shall  be
  2    complete  upon the return of the receipt signed by the defendant to the court.
  3    The signature of the defendant on the return receipt  shall  constitute  prima
  4    facie  proof of service by mail.  The plaintiff shall bear the cost of service
  5    of process by mail.
  6        (3)  The costs to plaintiff  for   personal  service  of  process  on  the
  7    defendant,  in  addition  to  the filing fee provided in section 1-2303, Idaho
  8    Code, shall be added to any judgment for the plaintiff.
                                                                        
  9        SECTION 7.  That Section 1-2305, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        1-2305.  CONTENTS  OF  CLAIM. The claim hereinabove referred to shall con-
 12    tain the name of the plaintiff and the name of the defendant,  followed  by  a
 13    statement,  in  brief  and  concise form, of the nature and amount of said the
 14    claim and the time of the accruing of such claim accrued, and shall also state
 15    the name and residence address of the defendant,  if  same  be  known  to  the
 16    plaintiff, for the purpose of serving the notice of claim on such defendant.
                                                                        
 17        SECTION  8.  That Sections 1-2306 and 1-2307, Idaho Code, be, and the same
 18    are hereby repealed.
                                                                        
 19        SECTION 9.  That Chapter 23, Title 1, Idaho Code,  be,  and  the  same  is
 20    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 21    ignated as Section 1-2306, Idaho Code, and to read as follows:
                                                                        
 22        1-2306.  ACTIONS BY OR AGAINST STATE  OR  LOCAL  GOVERNMENT  OFFICIALS  OR
 23    AGENCIES. (1) Except as specifically provided in this subsection, the state of
 24    Idaho,  any  state  agency,   any political subdivision of the state of Idaho,
 25    city, county, taxing district, or public corporation, along with any  official
 26    and  employee  thereof  acting  within  their official capacity may be a party
 27    plaintiff or defendant in any small claims action otherwise  allowed  by  law.
 28    Any  state  agency  or  other  governmental entity which is a party to a small
 29    claims action may appear as provided in subsection (2) of  this  section.  The
 30    governmental  agency or entity may not appear through the office of the attor-
 31    ney general, notwithstanding the provisions of section  67-1401,  Idaho  Code,
 32    nor  through  any  other attorney at law, whether an employee of the agency or
 33    entity or otherwise. No action may be prosecuted in the small  claims  depart-
 34    ment against the state of Idaho or any justice or judge thereof based upon any
 35    act  or  omission alleged to have been committed by the justice or judge while
 36    acting in an official capacity.
 37        (2)  Notwithstanding the provisions of section 1-2301, Idaho Code, a small
 38    claims action filed against the state of Idaho, or any agency thereof, or  any
 39    official  or employee of the state of Idaho while acting in an official capac-
 40    ity shall be filed in the county of  the  plaintiff's  residence,  or  if  the
 41    plaintiff  is  not  a  resident of the state of Idaho, in the county where the
 42    cause of action arose. In either case, the plaintiff, in addition  to  service
 43    on  the defendant, shall serve the Idaho attorney general by certified or reg-
 44    istered mail. Prior to appearing in the defense of any  small  claims  action,
 45    the  defendant  public  official,  or chief executive officer of the defendant
 46    agency, with the advice of the attorney general, shall  designate  in  writing
 47    the  nonattorney employee or agent of the state who is authorized to appear in
 48    defense of the action. The written designation shall be filed with the court.
                                                                        
 49        SECTION 10.  That Section 1-2308, Idaho Code, be, and the same  is  hereby
                                                                        
                                           5
                                                                        
  1    amended to read as follows:
                                                                        
  2        1-23087.  USE  OF  COUNSEL PROHIBITED ATTORNEYS AT LAW -- COLLECTION AGEN-
  3    CIES -- WITNESSES AND EVIDENCE --  JUDGMENT.  No  attorney-at-law,  collection
  4    agency, except as provided in section 1-2307, Idaho Code, or any other person,
  5    except  an  employee  shall represent a party at any trial in said department,
  6    nor shall iIt shall not be necessary to summon witnesses,  but  the  plaintiff
  7    and  defendant  in  any claim shall have the privilege of offering evidence in
  8    their behalf, themselves and witnesses appearing at such  hearing,  and  being
  9    duly  sworn as in other cases, and the magistrate shall render and enter judg-
 10    ment as in other cases. No attorney at law shall appear before  the  court  on
 11    behalf  of  any party at any trial, pretrial matter or posttrial motion in the
 12    small claims department; provided however, that nothing herein shall  be  con-
 13    strued  to prevent an attorney at law from providing a party with legal advice
 14    concerning the issues in a case or the  preparation  or  presentation  of  the
 15    case,  including  the  preparation of exhibits, affidavits, or memoranda to be
 16    presented by the party to the action. An attorney may appear in any proceeding
 17    after entry of a small claims judgment relating to the execution of the  judg-
 18    ment,  including  any proceeding for the examination of the judgment debtor in
 19    aid of execution of the judgment. Any attorney at law or law  firm  may  be  a
 20    party to a small claims proceeding and may prosecute any claim the attorney or
 21    law  firm  may  have,  except any claim obtained by assignment, and may appear
 22    before the court as any other plaintiff or defendant in the case.
 23        (2)  In any case in which a business organization is  a  party  including,
 24    without  limitation,  a corporation, whether nonprofit or for profit, partner-
 25    ship, professional association or sole proprietorship, no person shall  repre-
 26    sent the organization except an owner of a substantial interest in the organi-
 27    zation  or any nonattorney employee of the organization.  At the option of the
 28    business organization, the same owner or nonattorney  employee  may  represent
 29    the  business  organization  in  any trial de novo on appeal to the magistrate
 30    division and the organization shall not  be  required  to  appear  through  an
 31    attorney at law.
 32        (3)  Any  assignee  of a debt or claim triable in the small claims depart-
 33    ment, including any licensed collection agency, may bring an action  in  small
 34    claims  court; provided however, that no attorney at law who is an assignee of
 35    the debt or claim may appear before the small claims court.
                                                                        
 36        SECTION 11.  That Section 1-2313, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        1-2313.  CERTIFICATION  OF  JUDGMENT -- ENTRY ON DOCKET -- ENFORCEMENT. If
 39    no appeal is taken by the defendant and the defendant fails to pay  the  judg-
 40    ment according to the terms and conditions thereof, the magistrate before whom
 41    such hearing was had, may, on application of the plaintiff, certify such judg-
 42    ment  in substantially the following form: In the Magistrate's Division of the
 43    District Court for .... County, Idaho
 44    Plaintiff .........................
 45       v.
 46    Defendant .........................
                                                                        
 47                            In the Small Claims Department
                                                                        
 48        This is to certify that in a certain action before  me,  the  undersigned,
 49    had  on this the .... day of ...., 1920.., wherein .... was plaintiff and ....
 50    was defendant, jurisdiction of said defendant having had by  personal  service
                                                                        
                                           6
                                                                        
  1    (or  otherwise), as provided by law, I then and there entered judgment against
  2    said defendant in the sum of .... dollars, which judgment has not been paid.
                                                                        
  3        Witness my hand this .... day of ...., 1920...
                                                                        
  4    .........................   Magistrate sitting in the small claims department.
  5        The magistrate of said magistrate's division shall  forthwith  enter  such
  6    judgment  transcript on the judgment docket of such magistrate's division, and
  7    thereafter execution and other process on execution provided by law may  issue
  8    thereon,  as obtains in other cases of judgments of magistrate's division, and
  9    a transcript of such judgments may be filed and entered in judgment lien dock-
 10    ets in district courts with like effect as in other cases.
                                                                        
 11        SECTION 12.  That Section 39-6316, Idaho Code, be, and the same is  hereby
 12    amended to read as follows:
                                                                        
 13        39-6316.  LAW  ENFORCEMENT  OFFICERS  -- TRAINING, POWERS, DUTIES. (1) All
 14    training provided by the peace officers standards and training academy  relat-
 15    ing  to  the handling of domestic violence complaints by law enforcement offi-
 16    cers shall stress enforcement of criminal laws in domestic situations,  avail-
 17    ability  of community resources, and protection of the victim. Law enforcement
 18    agencies and community organizations with expertise in the issue  of  domestic
 19    violence shall cooperate in all aspects of such training.
 20        (2)  When  a peace officer responds to a domestic violence call, the offi-
 21    cer shall give a written statement to victims which alerts the victim  to  the
 22    availability  of  a  shelter or other resources in the community, and give the
 23    victim a written notice provided by the department of law enforcement substan-
 24    tially stating the following:
 25             IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city
 26        or county prosecuting attorney to file a criminal complaint. You also
 27        have the right to file a petition in magistrate court  requesting  an
 28        order  for  protection from domestic abuse which could include any of
 29        the following: (a) an order restraining your abuser from further acts
 30        of abuse; (b) an order directing your abuser to leave your household;
 31        (c) an order preventing your abuser  from  entering  your  residence,
 32        school,  business,  or place of employment; (d) an order awarding you
 33        or the other parent custody of or visitation with your minor child or
 34        children; and (e) an order restraining your abuser from molesting  or
 35        interfering  with  minor children in your custody. The forms you need
 36        to obtain a protection order are available from the clerk of the dis-
 37        trict court. The resources available in this community  for  informa-
 38        tion  relating to domestic violence, treatment of injuries and places
 39        of safety  and  shelters  are:  (For  safety  reasons,  inclusion  of
 40        shelter/safe  house  addresses  are not necessary). You also have the
 41        right to sue for losses suffered as a result of the abuse,  including
 42        medical  and moving expenses, loss of earnings or support,  and other
 43        out-of-pocket expenses for injuries  sustained  and  damage  to  your
 44        property.  This can be done without an attorney in small claims court
 45        if the total amount claimed is less than three four thousand  dollars
 46        ($34,000).
 47        (3)  The  peace  officer  shall  make  every  effort to arrange, offer, or
 48    facilitate transportation for the victim to a hospital for treatment of  inju-
 49    ries or to a place of safety or shelter.
 50        (4)  The  law  enforcement  agency shall forward the offense report to the
 51    appropriate prosecutor within ten (10) days of making such report if there  is
                                                                        
                                           7
                                                                        
  1    probable  cause to believe that an offense has been committed, unless the case
  2    is under active investigation.
                                                                        
  3        SECTION 13.  This act shall  apply to all actions filed on and after Janu-
  4    ary 1, 2001.

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                       RS 09851 
     
          This bill is the result of the efforts of a special Supreme Court committee of legislators,
     judges, and other representatives of the court system to modernize the small claims court. 
          First, this bill increases public access to the small claims court by raising the dollar limit
     on claims that may be filed in this court from $3,000 to $4,000. 
          This measure also makes several procedural clarifications and modifications to the small
     claims court statutes which are designed to make the system function more effectively. These
     changes expand the organizations that may appear in small claims court, require a defendant to
     indicate whether the plaintiff's claim will he opposed, establish the county where small claims
     must be filed, provide for mediation of claims, provide a procedure to be followed if a
     governmental entity is sued, and clarify the role of attorneys in assisting a party to a small claims
     action. 
     
     
                     FISCAL NOTE 
     
          It is anticipated that raising the jurisdictional limit of a claim from $3,000 to $4,000 will
     result in an increase in the number of cases that are filed. Part of this increased caseload will be a
     shift of cases which are presently filed in the magistrate division of the district court because they
     exceed the present $3,000 limit. In addition to the cost of handling this additional caseload, some
     reduction in revenue from filing fees is anticipated because claims which are filed in the
     magistrate division of the district court generate a higher filing fee than the fees charged litigants
     in a small claims action. The additional costs and some loss of filing fee revenue is difficult to
     estimate. It is expected that they will be mitigated by improvements to the system made by this
     bill which will increase public satisfaction and reduce the time and workload of judges and court
     personnel. 
     
     Contact Person: 
     Senator Evan Frasure 
     Idaho State Legislature
     (208) 332-1000 
     
     Representative Jim Clark
     Idaho State Legislature (208) 332-1000 
     
                                                                 STATEMENT OF PURPOSE/FISCAL NOTE                                 S 1393