§ Rule 1 Scope of rules-Amendments

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Rule 1. Scope of rules--Amendments

    (a) Scope of rules. These rules govern the procedure and apply uniformly in the district courts and the magistrate's divisions of the district courts in the state of Idaho in all actions, proceedings and appeals of a civil nature whether cognizable as cases at law or in equity, including probate proceedings and proceedings in which a judge pro tempore is appointed pursuant to Idaho Court Administrative Rule 4; except that proceedings in the small claims department are governed by these rules only as provided by Rule 81. All references in these rules to the court or district court shall include the magistrate's division, and all references to judges or clerks shall include magistrates and their clerks and a judge pro tempore appointed pursuant to Idaho Court Administrative Rule 4, except as referred to in Rules 81, 82 and 83. These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action and proceeding.

    (b) Amendments. These rules may be amended or repealed by order of the Supreme Court effective on the date stated in the order. Any such order shall be published before the effective date as ordered by the Supreme Court, except in cases declared to be an emergency, in which case the order may be declared effective immediately.

    (c) District Court Rules. No district court or magistrates division of the state shall make rules of procedure except as expressly authorized by these rules. The district courts of each judicial district by majority vote of all district judges may make rules governing the internal case management and procedure of the district court including procedures for setting the time and place for the trial of actions and the hearing of all other proceedings and motions. Such rules shall be consistent with these rules, and must be approved and published by order of the Supreme Court before the effective date thereof, except in cases declared by the Supreme Court to be an emergency, in which case the order may be declared to be effective immediately.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.