Idaho Code 1-2208 – Assignment of Cases to Magistrates
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Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally, or by designation of office, or by class or category of cases, or in specific instances the following matters:
(1) Civil proceedings as follows:
(a) When the amount of money or damages or the value of personal property claimed does not exceed five thousand dollars ($5,000):
(i) Actions for the recovery of money only arising on contracts express or implied; actions for damages for injury to person, property or reputation or for taking or detaining personal property, or for fraud;
(ii) Actions for rent and distress for rent;
(iii) Actions for claim and delivery;
(iv) Proceedings in attachment, garnishment, wage deductions for the benefit of creditors, trial or right of personal property and exemptions, and supplementary proceedings;
(v) Actions arising under the laws for the incorporation of cities or counties or any ordinance passed in pursuance thereof; actions for the confiscation or abatement of nuisances and the seizure, condemnation and forfeiture of personal property; proceedings in respect of estrays and lost property;
(vi) Actions to collect taxes.
(b) Proceedings in forcible entry, forcible detainer, and unlawful detainer; and
(c) Proceedings for the enforcement and foreclosure of common law and statutory liens of not to exceed five thousand dollars ($5,000) on real or personal property.
Terms Used In Idaho Code 1-2208
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Personal property: All property that is not real property. Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Property: includes both real and personal property. See Idaho Code 73-114 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Proceedings in the probate of wills and administration of estates of decedents, minors and incompetents.
(3) The following criminal and quasi-criminal proceedings:
(a) Misdemeanor and quasi-criminal actions;
(b) Proceedings to prevent the commission of crimes;
(c) Proceedings pertaining to warrants for arrest or for searches and seizures; and
(d) Proceedings for the preliminary examination to determine probable cause, commitment prior to trial or the release on bail of persons charged with criminal offenses.
(4) Any juvenile proceedings except those within the scope of the provisions of section 1-2210, Idaho Code.
(5) Proceedings under the Idaho traffic infractions act, chapter 15, title 49, Idaho Code.