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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
|||| 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
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