§ Rule 85 Small lawsuit resolution
Rule 85. Small lawsuit resolution
(a) Application of Rule. This rule applies only to civil actions in which a party has initiated the provisions of the Small Lawsuit Resolution Act, I.C. § 7-1501 et. seq. This rule is in addition to the procedures contained in the text of the statute.
(b) Computation of Amount of Claim. In computing the amount of the claim for purposes of the Small Lawsuit Resolution Act, the dollar limitation is applied separately to each party, regardless of how that party's claim is designated, and excludes requests for costs and attorney's fees. The complaint must contain a statement that the amount of the claim does not exceed the statutory limitation of the Act.
(c) Notice of initiation of Act. Any party may initiate the provisions of the Small Lawsuit Resolution Act by filing notice with the court as required by I.C. Section 7-1503(2). This notice must be entitled, “Notice of Initiation of Proceedings Under the Small Lawsuit Resolution Act”. The notice will not be filed unless it is accompanied by the filing of a completed case information sheet on a form adopted by the Supreme Court and furnished by the clerk. Unless the opposing party files a written objection within seven (7) days of the filing of this notice, the opposing party will be deemed to have agreed to the initiation of the Act.
(d) Selection of Senior or Retired Judge by the Parties. If the parties select a retired or senior judge to serve as an evaluator from the list of private civil litigation evaluators who have qualified under subsection (g) of this rule, the parties shall compensate the retired or senior judge as they would any other private evaluator and such service shall not be considered judicial service subject to compensation by public funds.
(e) Appointment of Senior Judges as Evaluators. If the Supreme Court or an Administrative District Judge authorizes an appointment of a senior judge to serve as an evaluator, such appointment shall be considered judicial service for which the judge shall receive no compensation from the parties. A senior judge shall be compensated for such service in accordance with I.C. § 1-2005 or 1-2221 or, if a Plan B senior judge, shall receive credit for such service in accordance with the Supreme Court's Plan B rules for judicial retirement.
(f) List of Evaluators. Unless the parties have agreed in advance to the selection of a particular evaluator, upon notice of initiation of the provisions of the Small Lawsuit Resolution Act, the clerk of the court shall provide each party to the case a list containing the names of five (5) randomly selected evaluators, who reside or are willing to perform evaluations in the county where the lawsuit has been filed. The clerk of the court shall include the rate of hourly compensation, if any, for each evaluator and identify a website where the parties may obtain additional information about each evaluator's qualifications. If there are more than two parties to the litigation, the clerk will provide the names of ten (10) randomly selected evaluators to the parties.
(g) Registration of Private Civil Litigation Evaluators.
(1) Application For Registration as a Private Civil Litigation Evaluator. The Administrative Director of the Courts will compile a roster of private civil litigation evaluators. Persons interested in being placed on this list must submit an application to the Administrative Director of the Courts on a form prescribed by the Supreme Court. Applicants shall furnish, in addition to information relating to the applicant, proof that the applicant possesses the qualifications for registration on the Supreme Court's list of private civil case evaluators as set forth in this rule. An applicant shall also be required to identify his or her area(s) of legal expertise and experience.
(2) Qualifications of Private Civil Litigation Evaluators. In order for a person to be placed on the Supreme Court's roster of private civil litigation evaluators, a person must certify by application that he or she is an active member of the Idaho State Bar in good standing and has held such membership for a minimum period of seven (7) years; or is a justice or judge who has retired from the Idaho judiciary or who has been designated a senior judge by the Idaho Supreme Court pursuant to Section § 1-2005 or § 1-2221, Idaho Code.
In addition, an applicant must be familiar with the Small Lawsuit Resolution Act (Section § 7-1501 et seq., Idaho Code) and the rules, practice and procedures of the Idaho Supreme Court governing proceedings in the district courts of the State of Idaho; and have the background experience and training to fairly, impartially and competently evaluate a civil case pursuant to the provisions of the Small Lawsuit Resolution Act.
(3) Roster of Civil Litigation Evaluators. The roster maintained by the Administrative Director of the Courts shall indicate, in addition to other information, the county or counties in which evaluators will accept appointments. The Administrative Director shall publish a copy of the roster, including information relating to the evaluator, on the Idaho Supreme Court's website.
(4) Oath of Evaluator. In each case, prior to undertaking an evaluation, a private civil litigation evaluator must sign a written oath that he or she will faithfully and impartially discharge the obligations and duties of an evaluator in a timely manner as prescribed by law, and to represent that he or she does not have a conflict of interest regarding the parties or the subject matter of the dispute that would prevent him or her from rendering a fair and impartial opinion in the dispute. The oath of the evaluator shall be filed with the clerk of the court and shall be substantially in the following form:
I, __________, hereby accept appointment as evaluator in the above-captioned case. I certify that I meet the qualifications of an evaluator, and shall timely and impartially discharge my obligations and duties as an evaluator. I have been informed of the identities of the parties to the case and the subject matter of the dispute and I have no conflict of interest or any bias that would prevent me from rendering a fair and impartial opinion in the dispute.
__________
Signature
SUBSCRIBED AND SWORN to before me this ___ day of __________, 20 ___.
__________
Signature
(h) Compensation of Evaluator. Unless other arrangements are made by the parties or ordered by the court, the parties shall pay equal portions of the private civil litigation evaluator's fee as well as an equal portion of any actual costs incurred by the evaluator. If any party fails to pay its share of the evaluator's fee and costs, the court may enter an order for payment upon motion of the evaluator.
(i) Authority of Evaluator. A case brought under the Small Lawsuit Resolution Act remains under the jurisdiction of the court. An evaluator has only the authority expressly set forth in the Act. All other issues shall be determined by the court.
(j) Impartiality. An evaluator has a duty to be impartial, and has a continuing duty to advise all parties of any circumstances bearing on possible bias, prejudice or partiality.
(k) Sanctions. The evaluator shall be subject to sanctions, including removal from the roster of evaluators, if the evaluator fails to discharge the duties and responsibilities imposed by this rule or the Small Lawsuit Resolution Act.
(l) Notice of request for trial de novo. Within 21 days after the notice of issuance of the evaluator's decision has been filed with the clerk of the court, any party may file with the clerk a request for a trial de novo in the district court on all issues of law and fact. This request must be entitled, “Request for Trial de Novo under the Small Lawsuit Resolution Act.” The request will not be filed unless it is accompanied by the filing of a completed information sheet on a form adopted by the Supreme Court and furnished by the clerk.
(m) Statistical Information. In order to facilitate the gathering of statistical information pursuant to I.C. Section 7-1512, each party shall file a completed case information sheet on a form adopted by the Supreme Court and furnished by the clerk whenever a judgment is entered in a case where the Small Lawsuit Resolution Act was initiated. This filing shall be in addition to the cover sheet required when the case is initiated and the request for trial de novo made.
IN THE __________ COURT OF THE __________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF __________
____________________________ )
Plaintiff, ) Case No. __________
) STATISTICAL INFORMATION
v. ) RELATING TO SMALL LAWSUIT
) RESOLUTION ACT (CHAPTER 15
____________________________ ) TITLE 7, IDAHO CODE)
Defendant. )
Judgment was entered by the court in a case where the Small Lawsuit Resolution Act was initiated. Pursuant to Rule 85 of the Idaho Rules of Civil Procedure, the following information is provided.
Type of case: ____ tort ____ property disputes
____ contract ____ other
____ insurance coverage
Case went to: ____ evaluation ____ mediation
Evaluation decision entered: ____ yes ____ no
Amount of evaluator's decision: $ _______
Party requesting trial de novo: ____ plaintiff ____ defendant
Case compromised by parties after request for trial de novo: ____ yes ____ no
Amount of award after trial de novo: $ _______
Party requesting trial de novo:
__________ improved position over evaluator's decision by at least 15%.
__________ failed to improve position over evaluator's decision by at least 15%.
CERTIFICATE OF MAILING
I HEREBY CERTIFY, that on this ___ day of __________, 20 ___, I mailed a copy of the above Statistical Information form to the following address:
Administrative Director of the Courts
Idaho Supreme Court
P.O. Box 83720
Boise, Id. 83720-0101
________________________________________________________________________________
Signature
The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.