Idaho Code 1-2312 – Form for Appeal — Filing and Disposition
Current as of: 2023 | Check for updates
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An appeal from the small claims department may be in the following terms:
In the Magistrate’s Division of the District Court for …. County, Idaho, …. Plaintiff, vs. …., Defendant. Comes now …., resident of …. County, Idaho and appeals from the decision of the small claims department of the magistrate’s division for …. County, Idaho, wherein a judgment for …. dollars was awarded against him on the …. day of …., …..
Terms Used In Idaho Code 1-2312
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Such appeal shall be filed with the magistrate’s division. Such appeal shall be tried in the magistrate’s division without any other pleadings than those required in the small claims department originally trying the cause, all papers in the case shall be certified to said lawyer magistrate as is now provided by law in other cases of appeals in civil actions in the magistrate’s division, provided, however, that said lawyer magistrate may require such other or further statements and information as he may deem necessary for the proper consideration of said controversy.