§ Rule 81 Small claims
Rule 81. Small claims
(a) Small Claims--Answers and Defaults. Small claims shall be prepared by the claimant upon a form furnished by the court and shall be filed by the clerk upon payment of the statutory filing fees, but the clerk may assist in the preparation of the claim form when requested by the claimant. Any individual, partnership, corporation or association may file a small claim as a plaintiff in the action which may be signed by an employee of the plaintiff. The court shall furnish to the plaintiff a form of answer at the time of filing the claim. Plaintiff must show by return of service or affidavit that instructions and form of answer were served upon the defendant(s) at the time of service of the claim. The instructions and answer shall notify the defendant that defendant must file the answer with the court, and unless filed within 20 days of service, default will be entered against defendant(s).
In the event defendant(s) fails to file an answer or request for trial, plaintiff may secure entry of default as provided in Rule 55, I.R.C.P. No judgment by default shall be entered for a plaintiff in a small claims hearing unless the plaintiff or employee establishes the claim by evidence satisfactory to the court. If the plaintiff or employee does not appear at the time set for hearing, or at any continuance thereof, the court may dismiss the claim with or without prejudice.
(b) Counterclaims Prohibited. There shall be no counterclaims filed to a claim in the small claims department, provided this shall not prevent the filing of a separate claim in the small claims department, regardless of the residence of the original plaintiff; and such small claim may be consolidated for hearing with the original small claim in the discretion of the magistrate hearing the initial small claim.
(c) Transfer to Magistrates Division--When Permitted. In the event the defendant in a small claim filed in the small claims department files an action in the magistrates division of the district court or the district court, which action arises out of the same transaction or occurrence, or is in the nature of a compulsory counterclaim as defined by Rule 13(a), I.R.C.P., then and in such event the judge or magistrate presiding over the non-small claim action shall order the small claim transferred to the magistrates division or district court and consolidated with that action for trial under the I.R.C.P. Except as provided above, a defendant in a small claim shall have no right to have the small claim transferred to the magistrates division or the district court.
(d) Appearance and Witnesses at Small Claim Proceeding.
(1) Appearance and Attorneys. Any party in a small claim action may appear in person or by an authorized non-attorney employee. No attorney can appear with or for a party in any hearing on a small claim action; provided, an attorney may appear in any proceeding after entry of a small claims judgment relating to the execution of the judgment, including any proceeding for the examination of the judgment debtor in aid of execution of the judgment. Any attorney at law or law firm may be a party to a small claims proceeding and may prosecute any claim the attorney or law firm may have, except any claim obtained by assignment, and may appear before the court as any other plaintiff or defendant in the case.
(2) Witnesses. Any party to a small claim proceeding may bring to the hearing witnesses who shall be sworn and may testify on behalf of either party to the small claim. Any party to a small claim may also subpoena witnesses to the small claim proceeding by a subpoena issued and served in the manner provided by the I.R.C.P., but all costs of service of the subpoena and all witnesses costs shall be paid for by the party issuing the subpoena to the witness and shall not be taxed as costs in the small claim proceeding.
(e) Disqualification of Magistrate in Small Claim Proceeding. The presiding magistrate in a small claim proceeding may be disqualified in the same manner as a presiding judge of a civil action under the I.R.C.P.
(f) Dismissal of Small Claims for Inactivity or Lack of Service. Small claims may be dismissed for inactivity in the manner provided for the dismissal of inactive cases under the I.R.C.P. In those cases where service on the defendant(s) has not been perfected within 30 days of filing, the case may be dismissed without prejudice, subject to being reopened without additional filing fees within six months from the date the original claim was filed, if it appears that service upon the defendant(s) can be completed.
(g) Nature of Trial. The trial of a small claims action shall be informal, and the court may in its discretion adjourn the trial from time to time in the interest of justice and to allow the parties to present further relevant evidence. The court may in its discretion allow the parties to appear in any hearing by telephone and present witnesses' testimony by telephone. The court hearing a small claims action shall be required to make a verbatim record or recording of any proceeding or hearing upon the small claim in the small claims department of the magistrates division of the district court.
(h) Judgment on Small Claim. As soon as the court has arrived at a decision in a small claim, after a hearing as provided by statute, the court shall forthwith enter judgment in accordance with its decision upon a form furnished by the court, and the clerk shall serve copies of such judgment or notices of judgment upon both the plaintiff and the defendant either by personal delivery or by mailing to their addresses determined by the court most likely to give notice to such parties.
(i) Vacating, Reconsidering, or Correcting Clerical Errors of a Judgment in a Small Claim. The magistrate entering a judgment in a small claim may thereafter vacate, reconsider, or correct clerical errors in the judgment, at any time including during the pendency of an appeal, upon the grounds provided by Rules 55(c), 60(a) and (b), I.R.C.P. or for other good cause shown; provided, such action may be taken by the magistrate on the informal application of any party, or upon the magistrate's own initiative, and such application and decision shall be made in an informal manner without the necessity of a formal notice and hearing. Any action taken by the magistrate under this rule shall be done by written order of the magistrate and copies thereof served upon all parties in the same manner as a judgment on a small claim as provided above under Rule 81(h) and if an appeal is pending in the district court a
copy thereof shall be mailed to the clerk of the district court in which the appeal is pending.
(j) Execution. Execution upon a judgment entered in the small claims department shall be in the same manner as in the district court and shall be prepared by the claimant and issued by the clerk of the court upon request of the successful party; provided the clerk may assist in the preparation of the execution form when requested by the claimant. Execution upon a small claim judgment may not issue until any appeal has been rendered final or the 30-day statutory appeal period has expired without the filing of a notice of appeal; provided, if the small claim judgment was entered by reason of default of the defendant, execution may issue thereon immediately as there is no right to appeal. An execution may be served by the designated official anywhere in the state. Fees for the issuance, service and enforcement of the execution shall be paid by the party enforcing the judgment and taxed against the unsuccessful party in the same amount and in the same manner as execution issued out of the district court.
(k) Who May Appeal a Small Claim Judgment. Any aggrieved party from a small claim judgment may appeal to the district court as provided in these rules and by law; provided, however, any party who defaults or does not appear at the small claim proceeding shall have no right to appeal the judgment in the small claim proceeding to the district court.
(l) Notice of Appeal and Appeal Bond. Any aggrieved party desiring to appeal the judgment in a small claim proceeding to the district court shall do so by filing a notice of appeal with the magistrates division wherein the small claim proceeding was held in the manner, within the 30-day statutory appeal period and in the form provided by law. The notice of appeal shall not be filed by the clerk of the court without the prepayment of the filing fee, except as provided by section 31-3220, Idaho Code.
(m) Stay of Execution. [Rescinded]
(n) Appeal of Small Claims Judgment. Any appeal of a small claim judgment of the small claims department of the magistrate division shall be conducted as a trial de novo by an attorney magistrate.
(o) Procedure on Appeal. In the de novo trial of a small claims judgment appeal to an attorney magistrate the following procedures shall apply:
(1) When a notice of appeal is filed, the clerk of the magistrates division wherein the small claim was filed shall assign a district court file number of the magistrates division to the appeal and cause it to be assigned to an attorney magistrate in accordance with the assignment procedures of the county and serve copies of the notice of assignment on the parties or their attorneys by mail.
(2) The appeal shall be conducted as a trial de novo as a civil case of the magistrates division of the district court of the county where the small claim was filed.
(3) Except as expressly hereinafter provided in this rule, the I.R.C.P. shall apply to the trial of an appeal of a small claim judgment as a trial de novo except when the attorney magistrate determines that such procedure is not appropriate with the concept of the small claim procedure.
(4) The attorney magistrate in his discretion may permit or require the filing of amended or additional pleadings.
(5) Discovery as provided by the I.R.C.P. shall be allowed only by written leave of the attorney magistrate and then only within such limitations as prescribed in the order granting leave to make such discovery.
(6) The presiding attorney magistrate in an appeal of a small claim may be disqualified in the manner prescribed by the I.R.C.P.
(7) A request for a jury in a de novo trial of a small claim appeal in the magistrate's division of the district court, must be made within fourteen (14) days of service of the notice setting the appeal for a hearing. The jury shall consist of six jurors or a lesser number as agreed to by the parties.
(p) Costs on Appeal. Costs on appeal shall be awarded in a sum not to exceed fifty dollars ($50) and shall be awarded to the prevailing party in the appeal.
(q) Attorney Fees on Appeal. Attorney fees awarded by the court on appeal shall be in the sum of twenty-five dollars ($25), and shall be awarded to the prevailing party without any showing required by Rule 54(e).
The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.