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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 - 2002IN 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 divisionofin the county whereanythe defendant residesunless20at the time the action is filed all of the defendants reside outside of the21state of Idaho, in which case the action shall be brought inor 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