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Idaho Court Administrative Rule 5. Civil Jurisdiction of Magistrates; Assignment of Cases.

 

 (a) Jurisdiction; Assignment by Order.  Jurisdiction of magistrates is the same as that of district judges but assignment of cases to magistrates must be approved by order of a majority of the district judges in the district.  The order of the district  judges stating the assignment of cases to magistrates must 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.

 

(b) Assignment Pursuant to Idaho Code Section 1-2208.  Assignment of cases to magistrates may be granted pursuant to Idaho Code Section 1-2208, as follows:

 

1. 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;

 

2.  Proceedings under the Child Protective Act, title 16, chapter 16, Idaho Code (in sections 16-1628 through 16-1634);

 

3.  Proceedings under the Youth Rehabilitation Act, title 16, chapter 18, Idaho Code (in sections 16-1807 through 16-1812);

 

4.  Proceedings under the Termination of Parent-Child Relationship Act, title 16, chapter 20, Idaho Code (in sections 16-2007 and 16-2008);

 

5.  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) Assignment Pursuant to Idaho Code Section 1-2210.  Additional cases may be assigned to magistrates pursuant to Idaho Code Section 1-2210 when approved by the administrative district judge of a judicial district.  The additional cases assigned to magistrates may include:

 

1. 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;

 

2. 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;

 

3.  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; and

 

4.   All habeas corpus proceedings regardless of the nature or origin, including all habeas corpus proceedings involved in a criminal proceeding or conviction.
(d) Assignment of Additional Criminal Cases.  The administrative district judge of a judicial district may by order enlarge categories of criminal cases assignable under Rule 2.2(c), Idaho Criminal Rules, as to the magistrates of the judicial district or of a county within the district, or as to specified magistrates.

 

(Adopted December 2, 2015, effective July 1, 2016; amended September 9, 2016, effective September 9, 2016.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello

 

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