1-2301. SMALL CLAIMS DEPARTMENT — CREATION — SCOPE OF CLAIMS — VENUE. In every magistrate’s division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate’s Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed five thousand dollars ($5,000), and in cases for the recovery of personal property where the value of the property does not exceed five thousand dollars ($5,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate’s division shall be brought in the magistrate’s division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper county.
History:
[1-2301, added 1969, ch. 103, sec. 1, p. 348; am. 1973, ch. 42, sec. 1, p. 78; am. 1976, ch. 125, sec. 1, p. 474; am. 1978, ch. 365, sec. 1, p. 954; am. 1981, ch. 180, sec. 3, p. 317; am. 1983, ch. 192, sec. 1, p. 521; am. 1984, ch. 199, sec. 1, p. 489; am. 1992, ch. 74, sec. 3, p. 212; am. 1995, ch. 183, sec. 1, p. 669; am. 2000, ch. 250, sec. 3, p. 704; am. 2002, ch. 74, sec. 1, p. 163; am. 2006, ch. 263, sec. 3, p. 816.]
Structure Idaho Code
Title 1 - COURTS AND COURT OFFICIALS
Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION
Section 1-2301 - SMALL CLAIMS DEPARTMENT — CREATION — SCOPE OF CLAIMS — VENUE.
Section 1-2301A - DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS — CIVIL LIABILITY.
Section 1-2302 - COMMENCEMENT OF ACTIONS.
Section 1-2303 - FILING OF CLAIM — DEFAULT.
Section 1-2304 - SERVICE OF PROCESS — SERVICE BY MAIL.
Section 1-2305 - CONTENTS OF CLAIM.
Section 1-2306 - ACTIONS BY OR AGAINST STATE OR LOCAL GOVERNMENT OFFICIALS OR AGENCIES.
Section 1-2307 - ATTORNEYS AT LAW — COLLECTION AGENCIES — WITNESSES AND EVIDENCE — JUDGMENT.
Section 1-2310 - JUDGMENT AGAINST DEFENDANT.
Section 1-2311 - APPEAL TO LAWYER MAGISTRATE.
Section 1-2312 - FORM FOR APPEAL — FILING AND DISPOSITION.
Section 1-2313 - JUDGMENT — ENTRY ON DOCKET — ENFORCEMENT.
Section 1-2314 - SEPARATE DOCKET FOR SMALL CLAIMS DEPARTMENT.