Add a Date Legal Idaho Small Claims Forms For Free

Ask at least 10 days before the court date if possible Generally, you can turn in a form to ask for a new court date and the court will make a decision and mail it to you. If the court date is less than 10 days away, though, you'll need to explain on the form why you waited so long to ask.

As I explained today, I need a continuance of the hearing on (date) . I ask you to reschedule because (reason): Please let me know by (date) if you will agree to a continuance. If you agree, please send me a letter or email that says that you agree to the continuance.

Generally, a claim should be filed within one year after it arose, but there are many cases in which the limit is more than one year, and a few cases in which it is less. Many of the time limits are in Idaho Code Title 5, Chapter 2. The court clerk will not be able to tell you the time limit that applies in your case.

Make your documents easy for the judge to locate and review. Don't come to court with a manila envelope stuffed with crumpled receipts. Make clear copies of everything, and put them in a logical order in a folder or binder. A table of contents and tabbed dividers can help organize longer documents.

In Idaho, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including damage to vehicles), it must be filed within three years, ing to Idaho Code section 5-218.

Service of process by mail shall be made by registered or certified mail, return receipt requested, and shall be complete upon the return of the receipt signed by the defendant to the court. The signature of the defendant on the return receipt shall constitute prima facie proof of service by mail.

Any document, except an information or complaint, a search warrant, a warrant of arrest, or a return on a warrant or service of a search warrant, or any document filed as proof of incarceration of a party to the action, may be transmitted to the court for filing by a facsimile machine process.

(2) Time Limit for Service. If a defendant is not served within 182 days after the complaint is filed, the court, on motion or on its own after 14 days' notice to the plaintiff, must dismiss the action without prejudice against that defendant.

If your claim has not been served, go to the small claims clerk's office and ask to have an amendment added to the claim. Be sure to bring your original claim forms with you.