Idaho Code 1-2210 – Assignments Restricted to Magistrates Who Are Attorneys
Current as of: 2023 | Check for updates
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(1) The supreme court by rule may specify additional categories of matters assignable to magistrates, except that the following matters may not be assigned to magistrates who are not attorneys:
(a) Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act;
(b) Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors;
(c) All proceedings involving the custody of minors and all habeas corpus proceedings;
(d) Proceedings for divorce, separate maintenance or annulment; and
(e) Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver.
(2) The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.
Terms Used In Idaho Code 1-2210
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Property: includes both real and personal property. See Idaho Code 73-114