Idaho Criminal Rules (I.C.R.)

TITLE I – APPLICABILITY; DOCUMENTS

Rule 1. Scope - Courts - Exceptions [1]

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

Rule 2.1. Declarations [3]

Rule 2.2. Electronic Signatures [4]

Rule 2.3. Form of Pleadings and Documents; Language; Abbreviation and Numbers [5]

TITLE II – PRELIMINARY PROCEEDINGS

Rule 3. Complaint; Initiation and Prosecution [6]

Rule 3.1. Idaho Uniform Citation [7]

Rule 4. Arrest Warrant; Summons; Determination of Probable Cause [8]

Rule 5. Initial Appearance Before Magistrate; Determination of Probable Cause; Advice to Defendant; Plea in Misdemeanors; Initial Appearance on Grand Jury Indictment [9]

Rule 5.1. Preliminary Hearing; Probable Cause Finding; Discharge or Commitment of Defendant; Procedure [10]

Rule 5.2. Transcript of Hearings - Copies for Parties [11]

Rule 5.3. Initial Appearance on Probation Violations [12]

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

Rule 6. Formation of the Grand Jury [13]

Rule 6.1. Prosecuting Attorney’s Role with Grand Jury [14]

Rule 6.2. Transcript of Grand Jury Proceedings [15]

Rule 6.3. Secrecy and Confidentiality of Grand Jury Proceedings [16]

Rule 6.4. Grand Jury Proceedings [17]

Rule 6.5. Indictment [18]

Rule 6.6. Grounds for Motion to Dismiss Indictment [19]

Rule 6.7. Discharge of Grand Jury [20]

Rule 6.8. Other Prosecution [21]

Rule 7. Indictment and Information [22]

Rule 8. Joinder of Offenses and of Defendants [23]

Rule 9. Warrant or Summons upon Indictment [24]

TITLE IV – ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 10. Arraignment on Indictment or Information [25]

Rule 11. Pleas [26]

Rule 12. Pleadings and Motions Before Trial; Defenses and Objections [27]

Rule 12.1. Notice of Alibi [28]

Rule 12.2. Motions Requesting Additional Defense Services [29]

Rule 13. Trial Together of Complaints, Indictments and Informations [30]

Rule 14. Relief from Prejudicial Joinder [31]

Rule 15. Depositions [32]

Rule 16. Discovery and Inspection [33]

Rule 17. Subpoena [34]

Rule 18. Felony Pretrial conference [35]

Rule 18.1. Mediation in Criminal Cases [36]

TITLE V – VENUE

Rule 19. Place of Prosecution and Trial [37]

Rule 20. Transfer from the County for Plea and Sentence [38]

Rule 21. Transfer for Trial [39]

Rule 22. [Reserved]

TITLE VI – TRIAL

Rule 23. Trial by Jury or by the Court; Waiver of Jury; Number of Jurors [40]

Rule 23.1. Juror Questionnaires; Confidentiality [41]

Rule 24. Trial Jurors [42]

Rule24.1. Notes of Jurors; Juror Notebooks [43]

Rule 25. Disqualification of Judge [44]

Rule 25.1. Death or Disability of Judge [45]

Rule 26. Evidence [46]

Rule 27. Stipulations Not Binding on Court; Continuance of Trial or Hearing [47]

Rule 28. Determination of Good Cause Regarding Statutory Trial Time Requirements [48]

Rule 29. Motion for Judgment of Acquittal [49]

Rule 29.1. Motion for Mistrial [50]

Rule 30. Instructions to the Jury; Communications with Jury [51]

Rule 30.1. Jury Questioning of Witness [52]

Rule 31. Jury Verdict [53]

TITLE VII – POST-CONVICTION PROCEDURES

Rule 32. Presentence Investigations and Reports [54]

Rule 33. Sentence and Judgment [55]

Rule 33.1. Sentencing Procedure When Death Penalty is Authorized and Jury is Waived [56]

Rule 33.2. Report of imposition of Death Penalty [57]

Rule 33.3. Evaluation of Persons Guilty of Domestic Assault or Domestic Battery [58]

Rule 34. New trial [59]

Rule 35. Correction or Reducing a Sentence [60]

Rule 36. Clerical Mistakes [61]

Rule 37. Reimbursement pursuant to Idaho Code Section 37-2732(k); prosecuting attorney fees [62]

Rule 38. Stay of Execution; Relief Pending Review [63]

Rule 39. Uniform Post-Conviction Procedure Act [64]

Rule 40. [Reserved]

TITLE VIII – SUPPLEMENTAL AND SPECIAL PROCEEDINGS

Rule 41. Search and Seizure [65]

Rule 41.1. Reclaiming Exhibits, Documents or Property [66]

Rule 42. Contempt [67]

TITLE IX – GENERAL PROVISIONS

Rule 43. Presence of the Defendant [68]

Rule 43.1. Proceedings by Telephone Conference or Video Conference [69]

Rule 43.2. Forensic Testimony by Video Teleconference [70]

Rule 44. Right to and Appointment of Counsel [71]

Rule 44.1. Withdrawal and Substitution of Counsel [72]

Rule 44.2. Mandatory Appointment of Counsel for Post-Conviction Review After Imposition of Death Penalty [73]

Rule 44.3. Standards for the Qualification of Appointed Counsel in Capital Cases [74]

Rule 45. Computing and Extending Time [75]

Rule 46. Bail or Release on Own Recognizance [76]

Rule 46.1. Bail for Witnesses [77]

Rule 46.2. No Contact Orders [78]

Rule 47. Motions [79]

Rule 48. Dismissal by the Court [80]

Rule 49. Service and Filing of Papers [81]

Rule 50. Calendars [82]

Rule 51. [Reserved]

Rule 52. Harmless Error [83]

Rule 53. Juvenile Charged as an Adult [84]

TITLE X – APPEALS FROM THE MAGISTRATE DIVISION

Rule 54. Appeals from the Magistrate Division [85]

Rule 54.1 Appeal by Permission from Interlocutory Orders of Magistrate Judges [86]

APPENDIX A: FORMS

Rule 4(d)(1):

• Warrant of Arrest (Felony) Form: PDF [87]

• Warrant of Arrest (Misdemeanor) Form: PDF [88]

Rule 4(d)(3): - Summons (Felony) Form; Summons (Misdemeanor) Form: PDF [89]

• Summons (Felony) Form: PDF [89]

• Summons (Misdemeanor) Form: PDF [90]

Rule 5(e) - Notification of Rights (Felony) Form: PDF [91] / Word [92]

Rule 5.1(a) - Waiver of Preliminary Hearing Form: PDF [93] / Word [94]

Rule 5.3(c) - Notification of Rights (Probation Violation): PDF [95] / Word [96]

Rule 11(e) - Guilty Plea Advisory Form: PDF [97] / Word [98]

Rule 16(e)(2) - Request for Discovery: PDF [99]

Rule 16(f)(3) - Response to Request for Discovery: PDF [100]

Rule 33.1(b) - Findings of the Court in Considering Death Penalty: PDF [101]

Rule 33.2(b) - Report on Imposition of Death Penalty: PDF [102]

Rule 39(a) - Petition for Post-Conviction Relief: PDF [103]

Rule 46.2:

• No Contact Order (for use when there is one or more protected person(s) with the same exceptions): PDF [104]

• No Contact Order (for use when there are mulitple protected persons with different exceptions): PDF [105]

Rule 54(g)(3) - Certificate of Transcription: PDF [106]