View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1400aa..............................................by JUDICIARY AND RULES
SMALL CLAIMS - Amends existing law relating to the small claims department
of the magistrate division of the district court to increase the allowable
claim to $5,000 for specified civil proceedings assigned to magistrates; to
increase the allowable claims to $5,000 for certain civil actions assigned
to nonattorney magistrates; to increase the allowable claim to $5,000 in
cases under jurisdiction of the small claims department; and to provide for
collection of attorney's fees and costs by a prevailing plaintiff.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/20 Rpt out - to 14th Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/06 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Malepeai, Stennett
Floor Sponsor - Corder
Title apvd - to House
03/07 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 61-1-8
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bell, Bilbao,
Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark,
Collins, Denney, Ellsworth, Field(18), Field(23), Garrett, Hart,
Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- Barrett
Absent and excused -- Bedke, Black, Crow, Deal, Edmunson, Eskridge,
Sali, Snodgrass
Floor Sponsor - Clark
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed
03/28 Sp signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 263
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1400
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE MAGISTRATE DIVISION OF THE DISTRICT COURT AND TO THE SMALL
3 CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION; AMENDING SECTION 1-2208,
4 IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM LIMIT TO FIVE THOUSAND DOLLARS
5 FOR SPECIFIED CIVIL PROCEEDINGS ASSIGNED TO MAGISTRATES; AMENDING SECTION
6 1-2210, IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM LIMIT TO FIVE THOUSAND
7 DOLLARS FOR CERTAIN CIVIL ACTIONS ASSIGNED TO NON-ATTORNEY MAGISTRATES;
8 AMENDING SECTION 1-2301, IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM TO
9 FIVE THOUSAND DOLLARS IN CASES UNDER JURISDICTION OF THE SMALL CLAIMS
10 DEPARTMENT; AMENDING SECTION 1-2310, IDAHO CODE, TO PROVIDE FOR COLLECTION
11 OF ATTORNEY'S FEES AND COSTS BY A PREVAILING PLAINTIFF AFTER A TIME CER-
12 TAIN; AMENDING SECTION 1-2311, IDAHO CODE, TO PROVIDE THAT THE ATTORNEY'S
13 FEE AWARDED TO THE PREVAILING PARTY SHALL BE A REASONABLE AMOUNT AS DETER-
14 MINED BY THE COURT; AND AMENDING SECTION 39-6316, IDAHO CODE, TO INCREASE
15 THE ALLOWABLE LIMIT REFERRED TO IN SMALL CLAIMS COURT TO FIVE THOUSAND
16 DOLLARS.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 1-2208, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 1-2208. ASSIGNMENT OF CASES TO MAGISTRATES. Subject to rules promulgated
21 by the supreme court, the administrative judge in each judicial district or
22 any district judge in the district designated by him may assign to magis-
23 trates, severally, or by designation of office, or by class or category of
24 cases, or in specific instances the following matters:
25 (1) Civil proceedings as follows:
26 (a) When the amount of money or damages or the value of personal property
27 claimed does not exceed four five thousand dollars ($45,000):
28 (i) Actions for the recovery of money only arising on contracts
29 express or implied; actions for damages for injury to person, prop-
30 erty or reputation or for taking or detaining personal property, or
31 for fraud;
32 (ii) Actions for rent and distress for rent;
33 (iii) Actions for claim and delivery;
34 (iv) Proceedings in attachment, garnishment, wage deductions for the
35 benefit of creditors, trial or right of personal property and exemp-
36 tions, and supplementary proceedings;
37 (v) Actions arising under the laws for the incorporation of cities
38 or counties or any ordinance passed in pursuance thereof; actions for
39 the confiscation or abatement of nuisances and the seizure, condemna-
40 tion and forfeiture of personal property; proceedings in respect of
41 estrays and lost property;
42 (vi) Actions to collect taxes.
43 (b) Proceedings in forcible entry, forcible detainer, and unlawful
2
1 detainer; and
2 (c) Proceedings for the enforcement and foreclosure of common law and
3 statutory liens of not to exceed four five thousand dollars ($45,000) on
4 real or personal property.
5 (2) Proceedings in the probate of wills and administration of estates of
6 decedents, minors and incompetents.
7 (3) The following criminal and quasi-criminal proceedings:
8 (a) Misdemeanor and quasi-criminal actions;
9 (b) Proceedings to prevent the commission of crimes;
10 (c) Proceedings pertaining to warrants for arrest or for searches and
11 seizures; and
12 (d) Proceedings for the preliminary examination to determine probable
13 cause, commitment prior to trial or the release on bail of persons charged
14 with criminal offenses.
15 (4) Any juvenile proceedings except those within the scope of the provi-
16 sions of section 1-2210, Idaho Code.
17 (5) Proceedings under the Idaho traffic infractions act, chapter 15,
18 title 49, Idaho Code.
19 SECTION 2. That Section 1-2210, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 1-2210. ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS. (1) The
22 supreme court by rule may specify additional categories of matters assignable
23 to magistrates, except that the following matters may not be assigned to mag-
24 istrates who are not attorneys:
25 (a) Civil actions in which the amount of money or damages or the value of
26 property claimed exceeds four five thousand dollars ($45,000), except as
27 otherwise authorized by this act;
28 (b) Criminal proceedings in which the maximum authorized punishment
29 exceeds the punishment authorized for misdemeanors;
30 (c) All proceedings involving the custody of minors and all habeas corpus
31 proceedings;
32 (d) Proceedings for divorce, separate maintenance or annulment; and
33 (e) Proceedings in quo warranto, or for injunction, prohibition, manda-
34 mus, ne exeat, or appointment of a receiver.
35 (2) The supreme court may assign an attorney magistrate to temporary ser-
36 vice on the supreme court, except an attorney magistrate may not be assigned
37 to hear cases in which the attorney magistrate participated, nor may an attor-
38 ney magistrate be assigned to hear cases which originated in his or her judi-
39 cial district.
40 SECTION 3. That Section 1-2301, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 1-2301. SMALL CLAIMS DEPARTMENT -- CREATION -- SCOPE OF CLAIMS -- VENUE.
43 In every magistrate's division of the district court of this state, the dis-
44 trict court may create and organize a "Small Claims Department of the
45 Magistrate's Division," which shall have jurisdiction in cases for the recov-
46 ery of money where the amount of each claim does not exceed four five thousand
47 dollars ($45,000), and in cases for the recovery of personal property where
48 the value of the property does not exceed four five thousand dollars
49 ($45,000); provided however, that the small claims department shall not award
50 punitive damages or damages for pain or suffering in any proceeding. Any
51 action brought in a small claims department of the magistrate's division shall
3
1 be brought in the magistrate's division in the county where the defendant
2 resides or the county where the cause of action arose. A defendant may request
3 a change of venue if an action is brought in an improper county.
4 SECTION 4. That Section 1-2310, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 1-2310. JUDGMENT AGAINST DEFENDANT. If the judgment or order shall be
7 against the defendant, it shall be his duty to pay the same forthwith or exe-
8 cution may ensue as in other cases. On and after sixty (60) days from the date
9 judgment is rendered, the plaintiff shall be entitled to receive, in addition
10 to the amount awarded in the judgment, attorney's fees and all documented
11 costs associated with collection of the judgment.
12 SECTION 5. That Section 1-2311, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 1-2311. APPEAL TO LAWYER MAGISTRATE. If either party is dissatisfied he
15 may, within thirty (30) days from the entry of said judgment against him,
16 appeal to a lawyer magistrate other than the magistrate who entered said judg-
17 ment; and if the final judgment is rendered against him by such lawyer magis-
18 trate, then he shall pay, in addition to any judgment rendered in the
19 magistrate's division, an attorney's fee to the prevailing party in the sum of
20 twenty-five dollars ($25.00) a reasonable amount as determined by the court,
21 provided, however, that appeals from such small claims department shall only
22 be allowed in such cases as appeals would be allowed if the action were insti-
23 tuted in the magistrate's division as is now provided, and further provided
24 that the appeal shall be heard in the county wherein the original small claim
25 was filed.
26 SECTION 6. That Section 39-6316, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-6316. LAW ENFORCEMENT OFFICERS -- TRAINING, POWERS, DUTIES. (1) All
29 training provided by the peace officers standards and training academy relat-
30 ing to the handling of domestic violence complaints by law enforcement offi-
31 cers shall stress enforcement of criminal laws in domestic situations, avail-
32 ability of community resources, and protection of the victim. Law enforcement
33 agencies and community organizations with expertise in the issue of domestic
34 violence shall cooperate in all aspects of such training.
35 (2) When a peace officer responds to a domestic violence call, the offi-
36 cer shall give a written statement to victims which alerts the victim to the
37 availability of a shelter or other resources in the community, and give the
38 victim a written notice provided by the Idaho state police substantially stat-
39 ing the following:
40 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city
41 or county prosecuting attorney to file a criminal complaint. You also
42 have the right to file a petition in magistrate court requesting an
43 order for protection from domestic abuse which could include any of
44 the following: (a) an order restraining your abuser from further acts
45 of abuse; (b) an order directing your abuser to leave your household;
46 (c) an order preventing your abuser from entering your residence,
47 school, business, or place of employment; (d) an order awarding you
48 or the other parent custody of or visitation with your minor child or
49 children; and (e) an order restraining your abuser from molesting or
4
1 interfering with minor children in your custody. The forms you need
2 to obtain a protection order are available from the clerk of the
3 district court. The resources available in this community for infor-
4 mation relating to domestic violence, treatment of injuries and
5 places of safety and shelters are: (For safety reasons, inclusion of
6 shelter/safe house addresses is not necessary). You also have the
7 right to sue for losses suffered as a result of the abuse, including
8 medical and moving expenses, loss of earnings or support, and other
9 out-of-pocket expenses for injuries sustained and damage to your
10 property. This can be done without an attorney in small claims court
11 if the total amount claimed is less than four five thousand dollars
12 ($45,000).
13 (3) The peace officer shall make every effort to arrange, offer, or
14 facilitate transportation for the victim to a hospital for treatment of inju-
15 ries or to a place of safety or shelter.
16 (4) The law enforcement agency shall forward the offense report to the
17 appropriate prosecutor within ten (10) days of making such report if there is
18 probable cause to believe that an offense has been committed, unless the case
19 is under active investigation.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Corder
Seconded by Burkett
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1400
1 AMENDMENT TO SECTION 4
2 On page 3 of the printed bill, in line 11, following "judgment." insert:
3 "Such attorney's fees and costs shall be set by the court following the filing
4 of a memorandum of attorney's fees and costs with notice to all parties and
5 hearing.".
6 AMENDMENTS TO THE BILL
7 On page 3, delete lines 12 through 25; and in line 26, delete "SECTION 6"
8 and insert: "SECTION 5".
9 CORRECTIONS TO TITLE
10 On page 1, in line 11, delete "AFTER A TIME CER-"; delete lines 12 through
11 14 and insert: "; AND AMENDING SECTION 39-6316, IDAHO CODE, TO INCREASE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1400, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE MAGISTRATE DIVISION OF THE DISTRICT COURT AND TO THE SMALL
3 CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION; AMENDING SECTION 1-2208,
4 IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM LIMIT TO FIVE THOUSAND DOLLARS
5 FOR SPECIFIED CIVIL PROCEEDINGS ASSIGNED TO MAGISTRATES; AMENDING SECTION
6 1-2210, IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM LIMIT TO FIVE THOUSAND
7 DOLLARS FOR CERTAIN CIVIL ACTIONS ASSIGNED TO NON-ATTORNEY MAGISTRATES;
8 AMENDING SECTION 1-2301, IDAHO CODE, TO INCREASE THE ALLOWABLE CLAIM TO
9 FIVE THOUSAND DOLLARS IN CASES UNDER JURISDICTION OF THE SMALL CLAIMS
10 DEPARTMENT; AMENDING SECTION 1-2310, IDAHO CODE, TO PROVIDE FOR COLLECTION
11 OF ATTORNEY'S FEES AND COSTS BY A PREVAILING PLAINTIFF; AND AMENDING SEC-
12 TION 39-6316, IDAHO CODE, TO INCREASE THE ALLOWABLE LIMIT REFERRED TO IN
13 SMALL CLAIMS COURT TO FIVE THOUSAND DOLLARS.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 1-2208, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 1-2208. ASSIGNMENT OF CASES TO MAGISTRATES. Subject to rules promulgated
18 by the supreme court, the administrative judge in each judicial district or
19 any district judge in the district designated by him may assign to magis-
20 trates, severally, or by designation of office, or by class or category of
21 cases, or in specific instances the following matters:
22 (1) Civil proceedings as follows:
23 (a) When the amount of money or damages or the value of personal property
24 claimed does not exceed four five thousand dollars ($45,000):
25 (i) Actions for the recovery of money only arising on contracts
26 express or implied; actions for damages for injury to person, prop-
27 erty or reputation or for taking or detaining personal property, or
28 for fraud;
29 (ii) Actions for rent and distress for rent;
30 (iii) Actions for claim and delivery;
31 (iv) Proceedings in attachment, garnishment, wage deductions for the
32 benefit of creditors, trial or right of personal property and exemp-
33 tions, and supplementary proceedings;
34 (v) Actions arising under the laws for the incorporation of cities
35 or counties or any ordinance passed in pursuance thereof; actions for
36 the confiscation or abatement of nuisances and the seizure, condemna-
37 tion and forfeiture of personal property; proceedings in respect of
38 estrays and lost property;
39 (vi) Actions to collect taxes.
40 (b) Proceedings in forcible entry, forcible detainer, and unlawful
41 detainer; and
42 (c) Proceedings for the enforcement and foreclosure of common law and
43 statutory liens of not to exceed four five thousand dollars ($45,000) on
2
1 real or personal property.
2 (2) Proceedings in the probate of wills and administration of estates of
3 decedents, minors and incompetents.
4 (3) The following criminal and quasi-criminal proceedings:
5 (a) Misdemeanor and quasi-criminal actions;
6 (b) Proceedings to prevent the commission of crimes;
7 (c) Proceedings pertaining to warrants for arrest or for searches and
8 seizures; and
9 (d) Proceedings for the preliminary examination to determine probable
10 cause, commitment prior to trial or the release on bail of persons charged
11 with criminal offenses.
12 (4) Any juvenile proceedings except those within the scope of the provi-
13 sions of section 1-2210, Idaho Code.
14 (5) Proceedings under the Idaho traffic infractions act, chapter 15,
15 title 49, Idaho Code.
16 SECTION 2. That Section 1-2210, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 1-2210. ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS. (1) The
19 supreme court by rule may specify additional categories of matters assignable
20 to magistrates, except that the following matters may not be assigned to mag-
21 istrates who are not attorneys:
22 (a) Civil actions in which the amount of money or damages or the value of
23 property claimed exceeds four five thousand dollars ($45,000), except as
24 otherwise authorized by this act;
25 (b) Criminal proceedings in which the maximum authorized punishment
26 exceeds the punishment authorized for misdemeanors;
27 (c) All proceedings involving the custody of minors and all habeas corpus
28 proceedings;
29 (d) Proceedings for divorce, separate maintenance or annulment; and
30 (e) Proceedings in quo warranto, or for injunction, prohibition, manda-
31 mus, ne exeat, or appointment of a receiver.
32 (2) The supreme court may assign an attorney magistrate to temporary ser-
33 vice on the supreme court, except an attorney magistrate may not be assigned
34 to hear cases in which the attorney magistrate participated, nor may an attor-
35 ney magistrate be assigned to hear cases which originated in his or her judi-
36 cial district.
37 SECTION 3. That Section 1-2301, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 1-2301. SMALL CLAIMS DEPARTMENT -- CREATION -- SCOPE OF CLAIMS -- VENUE.
40 In every magistrate's division of the district court of this state, the dis-
41 trict court may create and organize a "Small Claims Department of the
42 Magistrate's Division," which shall have jurisdiction in cases for the recov-
43 ery of money where the amount of each claim does not exceed four five thousand
44 dollars ($45,000), and in cases for the recovery of personal property where
45 the value of the property does not exceed four five thousand dollars
46 ($45,000); provided however, that the small claims department shall not award
47 punitive damages or damages for pain or suffering in any proceeding. Any
48 action brought in a small claims department of the magistrate's division shall
49 be brought in the magistrate's division in the county where the defendant
50 resides or the county where the cause of action arose. A defendant may request
51 a change of venue if an action is brought in an improper county.
3
1 SECTION 4. That Section 1-2310, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 1-2310. JUDGMENT AGAINST DEFENDANT. If the judgment or order shall be
4 against the defendant, it shall be his duty to pay the same forthwith or exe-
5 cution may ensue as in other cases. On and after sixty (60) days from the date
6 judgment is rendered, the plaintiff shall be entitled to receive, in addition
7 to the amount awarded in the judgment, attorney's fees and all documented
8 costs associated with collection of the judgment. Such attorney's fees and
9 costs shall be set by the court following the filing of a memorandum of attor-
10 ney's fees and costs with notice to all parties and hearing.
11 SECTION 5. 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 Idaho state police substantially stat-
24 ing 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
37 district court. The resources available in this community for infor-
38 mation relating to domestic violence, treatment of injuries and
39 places of safety and shelters are: (For safety reasons, inclusion of
40 shelter/safe house addresses is 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 four five thousand dollars
46 ($45,000).
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
52 probable cause to believe that an offense has been committed, unless the case
4
1 is under active investigation.
STATEMENT OF PURPOSE
RS 15903C1
To amend Idaho code 1-2301 relating to small claims by increasing
the allowable claim amount for cases where recovery of relatively
small amounts is sought. Further, to provide for collection of
fees by a prevailing party in a small claims action when
necessary to perfect the judgement.
FISCAL IMPACT
It can not be determined how many additional actions will be
pursued as a result of increasing the limit. No impact to the
General Fund is expected.
Contact
Name: senator Tim Corder Representative Jim Clark
Phone: 332-1000
Senator Mike Burkett
STATEMENT OF PURPOSE/FISCAL NOTE S 1400