2002 Legislation
Print Friendly

HOUSE BILL NO. 501 – Small claims actions, location

HOUSE BILL NO. 501

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0501................................by JUDICIARY, RULES AND ADMINISTRATION
SMALL CLAIMS ACTIONS - Amends existing law to provide that small claims
actions may be brought in the magistrates division in the county where the
defendant resides or in the county where the cause of action arose.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 64-3-3
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Martinez, McKague, Montgomery, Mortensen, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Young, Mr. Speaker
      NAYS -- Barrett, Higgins, Wood
      Absent and excused -- Crow, Meyer, Ridinger
    Floor Sponsor - Clark
    Title apvd - to Senate
02/12    Senate intro - 1st rdg - to Jud
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Lodge
    Title apvd - to House
03/01    To enrol
03/04    Rpt enrol - Sp signed
03/05    Pres signed
03/06    To Governor
03/11    Governor signed
         Session Law Chapter 74
         Effective: 03/11/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 501
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SMALL CLAIMS ACTIONS; AMENDING SECTION 1-2301, IDAHO CODE, TO PRO-
  3        VIDE THAT ACTIONS MAY BE BROUGHT  IN  THE  MAGISTRATE'S  DIVISION  IN  THE
  4        COUNTY  WHERE  THE  DEFENDANT  RESIDES OR IN THE COUNTY WHERE THE CAUSE OF
  5        ACTION AROSE; AND DECLARING AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 1-2301, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        1-2301.  SMALL  CLAIMS DEPARTMENT -- CREATION -- SCOPE OF CLAIMS -- VENUE.
 10    In every magistrate's division of the district court of this state,  the  dis-
 11    trict  court  may  create  and  organize  a  "Small  Claims  Department of the
 12    Magistrate's Division," which shall have jurisdiction in cases for the  recov-
 13    ery of money where the amount of each claim does not exceed four thousand dol-
 14    lars  ($4,000),  and  in cases for the recovery of personal property where the
 15    value of the property does not exceed four thousand dollars ($4,000); provided
 16    however, that the small claims department shall not award punitive damages  or
 17    damages for pain or suffering in any proceeding. Any action brought in a small
 18    claims  department  of  the  magistrate's  division  shall  be  brought in the
 19    magistrate's division of in the county where any the defendant resides  unless
 20    at  the  time  the action is filed all of the defendants reside outside of the
 21    state of Idaho, in which case the action shall be brought  in  or  the  county
 22    where  the cause of action arose. A defendant may request a change of venue if
 23    an action is brought in an improper county.
                                                                        
 24        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 25    declared to exist, this act shall be in full force and effect on and after its
 26    passage and approval.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                            RS11652


This bill amends Section 1-2301, Idaho Code, relating to the Small 
Claims Court, to provide that a small claims action may be filed in 
the county where the plaintiff resides or in the county where the 
event giving rise to, the action occurred.

During the 2000 legislative session, as part of a general 
modernization of the small claims court process, Section 1-2301, 
Idaho Code, which establishes the location where a small claims 
action shall be brought, was amended to provide that a small claims
action shall be filed only in the county where the defendant resides, 
unless the defendant resides outside the state, in which case the 
action may be brought in the county where the claim arose. Prior 
to this time, the venue for a small claims action was the county 
where the defendant resides or where the cause of action arose. 
During 2001, the year this amendment became effective, the Small 
Claims Subcommittee of the Supreme Court Civil Rules Committee, 
received numerous inquiries concerning this change from merchants 
and landlords, who represent a high volume of litigants in small 
claims court. Merchants have advised that even though the debt was 
created by the defendant at the merchant’s place of business, many 
times the merchant must travel to the county where the defendant 
resides to try and collect the debt, often a long distance from 
where the transaction took place. Landlords have also informed the 
small claims subcommittee that even though the debt for unpaid rent 
is created in the county where the leased premises are situated, 
they often must travel to another county where a defendant has moved 
to file a claim and collect the rent owed. This proposed amendment 
would return to the plaintiff the option of filing a small claims 
action in the county where the defendant resides or the county where 
the debt is created, regardless of whether the defendant resides 
outside of the state or not.


                             FISCAL NOTE

This bill will not have an impact on state or local funds.


Contact Person:
Representative Jim Clark
(208) 332-1000


Statement of Purpose/Fiscal Note		H 501