STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Criminal Rules (I.C.R.)

TITLE I – APPLICABILITY; DOCUMENTS

 

Rule 1. Scope - Courts - Exceptions

 

Rule 2. Purpose and Construction; Title; District Court Rules

 

Rule 2.1. Declarations

 

Rule 2.2. Electronic Signatures

 

Rule 2.3. Form of Pleadings and Documents; Language; Abbreviation and Numbers

 

TITLE II – PRELIMINARY PROCEEDINGS

 

Rule 3. Complaint; Initiation and Prosecution

 

Rule 3.1. Idaho Uniform Citation

 

Rule 4. Arrest Warrant; Summons; Determination of Probable Cause

 

Rule 5. Initial Appearance Before Magistrate; Determination of Probable Cause; Advice to Defendant; Plea in Misdemeanors; Initial Appearance on Grand Jury Indictment

 

Rule 5.1. Preliminary Hearing; Probable Cause Finding; Discharge or Commitment of Defendant; Procedure

 

Rule 5.2. Transcript of Hearings - Copies for Parties

 

Rule 5.3. Initial Appearance on Probation Violations

 

TITLE III – THE GRAND JURY, THE INDICTMENT AND THE INFORMATION

 

Rule 6. Formation of the Grand Jury

 

Rule 6.1. Prosecuting Attorney’s Role with Grand Jury

 

Rule 6.2. Transcript of Grand Jury Proceedings

 

Rule 6.3. Secrecy and Confidentiality of Grand Jury Proceedings

 

Rule 6.4. Grand Jury Proceedings

 

Rule 6.5. Indictment

 

Rule 6.6. Grounds for Motion to Dismiss Indictment

 

Rule 6.7. Discharge of Grand Jury

 

Rule 6.8. Other Prosecution

 

Rule 7. Indictment and Information

 

Rule 8. Joinder of Offenses and of Defendants

 

Rule 9. Warrant or Summons upon Indictment

 

TITLE IV – ARRAIGNMENT AND PREPARATION FOR TRIAL

 

Rule 10. Arraignment on Indictment or Information

 

Rule 11. Pleas

 

Rule 12. Pleadings and Motions Before Trial; Defenses and Objections

 

Rule 12.1. Notice of Alibi

 

Rule 12.2. Motions Requesting Additional Defense Services

 

Rule 13. Trial Together of Complaints, Indictments and Informations

 

Rule 14. Relief from Prejudicial Joinder

 

Rule 15. Depositions

 

Rule 16. Discovery and Inspection

 

Rule 17. Subpoena

 

Rule 18. Felony Pretrial conference

 

Rule 18.1. Mediation in Criminal Cases

 

TITLE V – VENUE

 

Rule 19. Place of Prosecution and Trial

 

Rule 20. Transfer from the County for Plea and Sentence

 

Rule 21. Transfer for Trial

 

Rule 22. [Reserved]

 

TITLE VI – TRIAL

 

Rule 23. Trial by Jury or by the Court; Waiver of Jury; Number of Jurors

 

Rule 23.1. Juror Questionnaires; Confidentiality

 

Rule 24. Trial Jurors

 

Rule24.1. Notes of Jurors; Juror Notebooks

 

Rule 25. Disqualification of Judge

 

Rule 25.1. Death or Disability of Judge

 

Rule 26. Evidence

 

Rule 27. Stipulations Not Binding on Court; Continuance of Trial or Hearing

 

Rule 28. Determination of Good Cause Regarding Statutory Trial Time Requirements

 

Rule 29. Motion for Judgment of Acquittal

 

Rule 29.1. Motion for Mistrial

 

Rule 30. Instructions to the Jury; Communications with Jury

 

Rule 30.1. Jury Questioning of Witness

 

Rule 31. Jury Verdict

 

TITLE VII – POST-CONVICTION PROCEDURES

 

Rule 32. Presentence Investigations and Reports

 

Rule 33. Sentence and Judgment

 

Rule 33.1. Sentencing Procedure When Death Penalty is Authorized and Jury is Waived

 

Rule 33.2. Report of imposition of Death Penalty

 

Rule 33.3. Evaluation of Persons Guilty of Domestic Assault or Domestic Battery

 

Rule 34. New trial

 

Rule 35. Correction or Reducing a Sentence

 

Rule 36. Clerical Mistakes

 

Rule 37. Reimbursement pursuant to Idaho Code Section 37-2732(k); prosecuting attorney fees

 

Rule 38. Stay of Execution; Relief Pending Review

 

Rule 39. Uniform Post-Conviction Procedure Act

 

Rule 40. [Reserved]

 

TITLE VIII – SUPPLEMENTAL AND SPECIAL PROCEEDINGS

 

Rule 41. Search and Seizure

 

Rule 41.1. Reclaiming Exhibits, Documents or Property

 

Rule 42. Contempt

 

TITLE IX – GENERAL PROVISIONS

 

Rule 43. Presence of the Defendant

 

Rule 43.1. Proceedings by Telephone Conference or Video Conference

 

Rule 43.2. Forensic Testimony by Video Teleconference

 

Rule 44. Right to and Appointment of Counsel

 

Rule 44.1. Withdrawal and Substitution of Counsel

 

Rule 44.2. Mandatory Appointment of Counsel for Post-Conviction Review After Imposition of Death Penalty

 

Rule 44.3. Standards for the Qualification of Appointed Counsel in Capital Cases

 

Rule 45. Computing and Extending Time

 

Rule 46. Bail or Release on Own Recognizance

 

Rule 46.1. Bail for Witnesses

 

Rule 46.2. No Contact Orders

 

Rule 47. Motions

 

Rule 48. Dismissal by the Court

 

Rule 49. Service and Filing of Papers

 

Rule 50. Calendars

 

Rule 51. [Reserved]

 

Rule 52. Harmless Error

 

Rule 53. Juvenile Charged as an Adult

 

TITLE X – APPEALS FROM THE MAGISTRATE DIVISION

 

Rule 54. Appeals from the Magistrate Division

 

Rule 54.1 Appeal by Permission from Interlocutory Orders of Magistrate Judges

 

 

APPENDIX A: FORMS

Rule 4(d)(1):

• Warrant of Arrest (Felony) Form: PDF

• Warrant of Arrest (Misdemeanor) Form: PDF

Rule 4(d)(3): - Summons (Felony) Form; Summons (Misdemeanor) Form: PDF

• Summons (Felony) Form: PDF

• Summons (Misdemeanor) Form: PDF

Rule 5(e) - Notification of Rights (Felony) Form: PDF / Word

Rule 5.1(a) - Waiver of Preliminary Hearing Form: PDF / Word

Rule 5.3(c) - Notification of Rights (Probation Violation): PDF / Word

Rule 11(e) - Guilty Plea Advisory Form: PDF / Word

Rule 16(e)(2) - Request for Discovery: PDF

Rule 16(f)(3) - Response to Request for Discovery: PDF

Rule 33.1(b) - Findings of the Court in Considering Death Penalty: PDF

Rule 33.2(b) - Report on Imposition of Death Penalty: PDF

Rule 39(a) - Petition for Post-Conviction Relief: PDF

Rule 46.2:

• No Contact Order (for use when there is one or more protected person(s) with the same exceptions): PDF

• No Contact Order (for use when there are mulitple protected persons with different exceptions): PDF

Rule 54(g)(3) - Certificate of Transcription: PDF