Idaho Instructions for Defendants in Small Claims Cases

State:
Idaho
Control #:
ID-SKU-584
Format:
PDF
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Description

Instructions for Defendants in Small Claims Cases

Idaho Instructions for Defendants in Small Claims Cases are court forms used by defendants in small claims court cases in Idaho. These forms provide defendants with information about the court process, their legal rights, and instructions on how to file a response to a plaintiff's claim. There are two types of Idaho Instructions for Defendants in Small Claims Cases: General Instructions and Specific Instructions. General Instructions provide a general overview of the small claims court process in Idaho, including a timeline of the process, the roles of the parties involved, and what to expect once a case is filed. Specific Instructions provide more detailed information about the specific small claims case, including the amount of the claim, the date of the hearing, and the name of the judge assigned to the case. Idaho Instructions for Defendants in Small Claims Cases also provide defendants with information on how to file a response to the plaintiff's claim, including how to file a counterclaim, how to request a trial by jury, and how to request a dismissal or settlement of the case. Additionally, the forms provide information on how to file an appeal if the defendant is unsatisfied with the court's decision.

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FAQ

If you wish to have a direct appeal, you must file a motion for permission to appeal with the magistrate court within 14 days from the date of entry of the order. The magistrate judge will then enter an order approving or disapproving the motion within 14 days from the date the motion has its hearing.

Small Claims Court is a special court where: ? A person or a business can sue for up to $5,000. (You can sue for more than $5,000, but you must sue in Magistrate Court. You cannot get around the $5,000 limit by filing 2 small claims.) The rules are simple.

Court is held in Boise, Coeur d'Alene, and Pocatello. Cases from the District of Idaho are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

In Idaho any individual, business or corporation may bring a small claims suit for the recovery of money when the amount requested isn't more than $5,000. Attorneys aren't allowed with you in Small Claims Court.

The party wishing to appeal a judgment must file a notice of appeal in the court that heard the matter within the 30-day statutory appeal period and in the form provided by law. The notice of appeal must be accompanied by the filing fee unless the fee is waived as provided by Idaho Code Section 31-3220.

For more terms and definitions, please see Appendix #1 (pages 7-8). STEP 1: GATHER INFORMATION.STEP 2: DRAFT THE COMPLAINT.STEP 3: DRAFT THE SUMMONS.STEP 4: FILE COMPLAINT & STEP 5: SERVE THE DEFENDANT(S)STEP 6: CERTIFICATE OF SERVICE.STEP 7: WAIT FOR DEFENDANT'S.

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Idaho Instructions for Defendants in Small Claims Cases