TITLE 1

COURTS AND COURT OFFICIALS

CHAPTER 22

MAGISTRATE DIVISION OF THE DISTRICT COURT

1-2208.  Assignment of cases to magistrates. Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally, or by designation of office, or by class or category of cases, or in specific instances the following matters:

(1)  Civil proceedings as follows:

(a)  When the amount of money or damages or the value of personal property claimed does not exceed five thousand dollars ($5,000):

(i)   Actions for the recovery of money only arising on contracts express or implied; actions for damages for injury to person, property or reputation or for taking or detaining personal property, or for fraud;

(ii)  Actions for rent and distress for rent;

(iii) Actions for claim and delivery;

(iv)  Proceedings in attachment, garnishment, wage deductions for the benefit of creditors, trial or right of personal property and exemptions, and supplementary proceedings;

(v)   Actions arising under the laws for the incorporation of cities or counties or any ordinance passed in pursuance thereof; actions for the confiscation or abatement of nuisances and the seizure, condemnation and forfeiture of personal property; proceedings in respect of estrays and lost property;

(vi)  Actions to collect taxes.

(b)  Proceedings in forcible entry, forcible detainer, and unlawful detainer; and

(c)  Proceedings for the enforcement and foreclosure of common law and statutory liens of not to exceed five thousand dollars ($5,000) on real or personal property.

(2)  Proceedings in the probate of wills and administration of estates of decedents, minors and incompetents.

(3)  The following criminal and quasi-criminal proceedings:

(a)  Misdemeanor and quasi-criminal actions;

(b)  Proceedings to prevent the commission of crimes;

(c)  Proceedings pertaining to warrants for arrest or for searches and seizures; and

(d)  Proceedings for the preliminary examination to determine probable cause, commitment prior to trial or the release on bail of persons charged with criminal offenses.

(4)  Any juvenile proceedings except those within the scope of the provisions of section 1-2210, Idaho Code.

(5)  Proceedings under the Idaho traffic infractions act, chapter 15, title 49, Idaho Code.

History:

[1-2208, added 1969, ch. 104, sec. 8, p. 353; am. 1970, ch. 29, sec. 1, p. 59; am. 1972, ch. 36, sec. 1, p. 55; am. 1974, ch. 26, sec. 5, p. 804; am. 1981, ch. 180, sec. 1, p. 315; am. 1982, ch. 353, sec. 5, p. 877; am. 1988, ch. 265, sec. 559, p. 854; am. 1992, ch. 74, sec. 1, p. 210; am. 2000, ch. 250, sec. 1, p. 703; am. 2006, ch. 263, sec. 1, p. 815.]