§ Rule 82 Jurisdiction and venue
Rule 82. Jurisdiction and venue
(a) Jurisdiction and Venue Unaffected. These rules shall not be construed to extend or limit the jurisdiction of any court of this state, or the venue of actions therein, except as provided in this Rule 82 and its subparagraphs.
(b) Attorney Magistrates. As used in these rules and referred to in statutes, an attorney magistrate is any magistrate who is admitted to the practice of law before the Idaho Supreme Court.
(c)(1) Jurisdiction of All Magistrates. Jurisdiction when approved by a majority of the district judges in the district may be granted all magistrates pursuant to Idaho Code, section 1-2208, as follows:
(A) All of the matters and actions designated in section 1-2208, Idaho Code, including any proceeding under title 66, chapter 3, Idaho Code relating to the hospitalization of the mentally ill or title 66, chapter 4, Idaho Code, relating to the care of the developmentally disabled; provided that nonattorney magistrates may be assigned only preliminary proceedings under this subparagraph in the following cases:
(1) Preliminary proceedings under the Child Protective Act, title 16, chapter 16, Idaho Code (in sections 16-1628 through 16-1634)
(2) Preliminary proceedings under the Youth Rehabilitation Act, title 16, chapter 18, Idaho Code (in sections 16-1807 through 16-1812)
(3) Preliminary proceedings under the termination of Parent-Child Relationship Act, title 16, chapter 20, Idaho Code (in sections 16-2007 and 16-2008)
(B) All proceedings under Idaho Code Section 18-8002(4) to determine whether a person refused to take an evidentiary test for concentration of alcohol, drugs or other intoxicating substances when properly requested by a police officer.
(C) Those nonattorney magistrates who have been certified by the Supreme Court as having had adequate training and experience may be assigned to all proceedings under the Child Protective Act, title 16, chapter 16, Idaho Code, and the Youth Rehabilitation Act, title 16, chapter 18, Idaho Code.
(D) Such order of the district judges stating the jurisdiction of all magistrates shall be posted in a conspicuous place in the clerk's office in each county in the district and published in the Idaho State Bar Desk Book.
(2) Assignment of Additional Cases to Attorney Magistrates. The jurisdiction of an attorney magistrate is the same as that of a district judge, but the cases assignable to an attorney magistrate shall be those assignable to all magistrates and the following additional cases may be assigned to attorney magistrates when approved by the administrative district judge of a judicial district:
(A) Civil actions regardless of the nature of the action, where the amount of damages or value of the property claimed does not exceed $10,000;
(B) All proceedings involving the custody of minors incidental to divorce proceedings, all adoption proceedings pursuant to chapter 15, title 16, Idaho Code, all termination of parent-child relationship pursuant to chapter 20, title 16, Idaho Code, all paternity proceedings, and all actions for change of name;
(C) All proceedings for divorce, separate maintenance or annulment, including orders to show cause, hearings and issuance of restraining orders; and including all proceedings pursuant to the revised Uniform Reciprocal Enforcement of Support Act and Idaho Code, section 32-710A;
(D) Such order of the district judges stating the jurisdiction of attorney magistrates shall be posted in a conspicuous place in the clerk's office in each county in the district and published in the Idaho State Bar Desk Book;
(E) All habeas corpus proceedings regardless of the nature or origin, including all habeas corpus proceedings involved in a criminal proceeding or conviction.
(3) Objection to Assignment to Magistrates. Any irregularity in the method or scope of assignment of a civil action or proceeding to any magistrate under this rule 82, and sections 1-2208 and 1-2210, Idaho Code, and all objections to the propriety of an assignment to a magistrate are waived unless a written objection is filed before the trial or hearing begins. No order or judgment is void or subject to collateral attack merely because rendered pursuant to an improper assignment to a magistrate.
(4) Special Assignment to Attorney Magistrates. The administrative district judge of a judicial district may by order appoint a specific attorney magistrate to hear and try one or more specific actions which are otherwise triable only by a district judge. The clerk of the district court shall cause an order of the assignment to be served upon all parties to that action.
(5) Enlargement of Dollar Amount of Cases Assignable. The administrative district judge of a judicial district may by order enlarge the categories of cases assignable under Rule 82(c)(2) as to the attorney magistrates of the judicial district or of a county within the district, or as to specified attorney magistrates.
(d) Costs--Jurisdictional Amounts. The jurisdictional amounts set forth in sections 1-2208 and 1-2210, Idaho Code and Rules 82(c)(1) and 82(c)(2) shall be exclusive of interest, costs, punitive damages and attorney fees, if any. In determining filing fees and jurisdictional amounts involved in an action, the total amount of all counts shall be added together to determine the amount claimed in the action. If, however, there are several counts to a claim each praying for the same or similar relief, any district judge assigned the case may determine by written order the actual amount in controversy for the purpose of determining whether the case is within the jurisdictional amount for assignment to a magistrate.
(e) Counterclaims or Cross-Claims Exceeding Jurisdiction. If a counterclaim or cross-claim filed in the magistrate's division exceeds the jurisdiction of the magistrate, the original action and the counterclaim or cross-claim shall be transferred to a magistrate or judge having such jurisdiction.
(f), (g) Court Facilities--Practice of Law. [Rescinded December 27, 1979, effective July 1, 1980]
The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.