CHECKLIST FOR SMALL CLAIMS COURT MEDIATORS

IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), vs. ______________________________________, ______________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. _________________ SUMMONS TO THE DEFENDANT(S): YOU ARE NOTIFIED that a claim has been filed against you. The plaintiff(s) who filed the claim, the court with which the claim is filed, and the case number assigned to your case are listed above. IF YOU DISAGREE WITH THE CLAIM, AND IF YOU WANT TO CONTEST THE CLAIM, you must file an answer with the court within 20 days from the date you received this summons. IF YOU AGREE WITH THE CLAIM, AND DO NOT WISH TO CONTEST IT, NO ACTION NEED BE TAKEN BY YOU. IF YOU DO NOT FILE YOUR ANSWER with the court within 20 days, the court may enter judgment against you, for the money or personal property that the plaintiff asks for in the claim, plus the plaintiff’s costs for filing the claim and serving you with notice of the claim. IF YOU FILE AN ANSWER, you will be mailed a notice with the date and time for a hearing, when the judge will hear your case. IF YOU DO NOT WANT A HEARING DO NOT FILE THE ANSWER. You should receive an ANSWER form along with this summons. You must use that form if you decide to file an answer. You can mail your answer to: __________________________________ _________________________________________. The answer must be received by the court within the 20-day deadline. You should also have received a document called “INFORMATION FOR DEFENDANTS IN SMALL CLAIMS CASES” along with this summons. A more detailed booklet which will take you step-by-step through the small claims court process is available upon request from the Clerk of the District Court in your county. This booklet has important information that will help you prepare for your hearing. Favor de avisarnos antes de la fecha de la audencia si usted necesitara un interprete en la corte. DATED this _____ day of _______________, 20___. By: __________________________________ Deputy Clerk of Court _______ JUDICIAL DISTRICT, STATE OF IDAHO __________________ COUNTY SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). FILED ________________ AT_______.M CLERK OF THE DISTRICT COURT BY ________________________, Deputy ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ CLAIM $____________ Claim $____________ Filing Fee $____________ Service Fee $____________ Another Notice $____________ $____________ TOTAL ______________________________________________________________________________________ Plaintiff’s Name Address City State Zip Phone ______________________________________________________________________________________ Plaintiff’s Name Address City State Zip Phone ______________________________________________________________________________________ Defendant’s Name Address City State Zip Phone ______________________________________________________________________________________ Defendant’s Name Address City State Zip Phone If you are seeking a judgment for money, fill out this portion. AMOUNT OF CLAIM: ____________________ (not including filing and service fees) DATE CLAIM AROSE: ____________________ (month and year) BASIS FOR YOUR CLAIM: _______________________________________________________________ ______________________________________________________________________________________ If you are seeking a judgment for the return of personal property, fill out this portion. PERSONAL PROPERTY: I am the owner, or I am entitled to possess, the following personal property, which is being held by the defendant (specifically describe the property): ______________________________________________________________________________________ ______________________________________________________________________________________ VALUE OF THE PROPERTY: $____________________ Service of process by certified mail requested: ___ Yes ___ No BY SIGNING THIS CLAIM, THE PLAINTIFF VERIFIES THAT 1) the plaintiff is the true owner of the claim, 2) the defendant resides in ____________ County, or the defendant resides outside Idaho and the claim arose in ____________ County, and 3) the information above is true and correct to the plaintiff’s best knowledge. ____________________________________ Plaintiff’s Signature Subscribed and sworn to before me ____________. (date) ____________________________________ Deputy Clerk or Notary Public If Notary, my commission expires: Favor de avisarnos antes de la audencia si usted necesitara un interprete en la corte. _______ JUDICIAL DISTRICT, STATE OF IDAHO __________________ COUNTY SMALL CLAIMS DEPARTMENT FILED ________________ AT_______.M CLERK OF THE DISTRICT COURT BY ________________________, Deputy ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). AFFIDAVIT OF SERVICE OF: ___ ___ ___ ___ ___ CLAIM SUMMONS ANSWER FORM INFORMATION FOR DEFENDANTS OTHER: STATE OF IDAHO ) ) ss: County of ____________ ) Note: either use a separate form for each defendant served, or include information on this form as to how each defendant was served. I, _________________________, being first duly sworn, depose and state: I am over the age of 18 years, and I am not a party to this case nor an employee of a party to this case. On ____________________ (date), I served true and correct copies of the documents indicated above on _________________________ (name of defendant) by: ___ Personal delivery to _______________________ (name of defendant) at ____________________________________________________ (location where process served). ___ Personal delivery to _______________________, a person over the age of 18 years, at _______________________________________________, the usual place of residence of ___________________________ (name of defendant). ___ Personal delivery to _________________________, the defendant’s authorized agent for service of process, at _______________________________ _____________________ (location where process served). ___ I am charging the plaintiff(s) $_________ for this service. _________________________ Signature of Process Server Subscribed and sworn to before me this date: ___________________. ____________________________ Deputy Court Clerk or Notary Public for Idaho If Notary, my commission expires: INFORMATION FOR PERSONAL SERVICE OF SMALL CLAIMS ACTION INCLUDE ALL INFORMATION YOU HAVE AVAILABLE DEFENDANT: Name: Spouse ' s name Present address Street Address Home Phone Case No.__________ City State ZIP Defendant's employer_________________________________________________ Name of business Address Phone Spouse's employer Name of business Automobile Year Description of defendant: Make Model License number Address Phone [ ][ ][ ][ ][ ][ ][ ][ ] Race Sex Birthdate Age Height Weight Married Single ________________________________________________________________________ Directions must be drawn below if a street number is not available to assure personal service of the claim. A route number or box number is not sufficient for personal service. Plaintiff Address Date Phone INFORMATION FOR PERSONAL SERVICE OF SMALL CLAIMS ACTION ON A CORPORATION, PARTNERSHIP, OR LEGAL ASSOCIATION INCLUDE ALL INFORMATION YOU HAVE AVAILABLE The Idaho Secretary of State’s Office has information about many Idaho businesses including the legal name of business, officers, registered agent for service of process, and registered office location. Phone number: 208-334-2301; website: www.idsos.idaho.gov. Case No.______________________ DEFENDANT: Name of corporation, partnership, or legal association: Business Office Phone Business Office Address Street Address Hours of Operation: Name of an officer, managing or general agent, registered agent, partner or other person authorized by law to receive service for this business: City State ZIP Address: Street Address Phone: City State ZIP Plaintiff Address Date Phone IN THE DISTRICT COURT OF THE _________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT ) ) Plaintiff(s), ) vs. ) ) ) Defendant(s). ) ___________________________) Case No.: CLERK’S CERTIFICATE OF SERVICE BY MAIL I certify that on ________________________ (date), I mailed a true and correct copy of the documents listed below, to each of the parties in this case, in envelopes addressed to the names and addresses listed below, by deposit in the U.S. Mail, with the correct first-class postage, in accordance with I.R.C.P. 77(d) and 81(h). Document(s) mailed: ___ ___ Judgment Other: ___________________________________ Names and addresses: _______________________________ Deputy Clerk IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ ORDER DISMISSING CLAIM WITHOUT PREJUDICE LACK OF SERVICE TO THE PLAINTIFF(s): The file in this case shows that you have not completed service of process, as indicated below. ___ ___ ___ ___ Affidavit of Service or Return of Service filed, indicating defendant not found Certified mail returned undelivered No Affidavit of Service, Return of Service, or receipt for certified mail receipt received Other: Your claim is therefore dismissed without prejudice. You may reopen your case by refiling your claim within six months from the date the original claim was filed without paying an additional filing fee. If you reopen your case, you will be required to serve process on the defendant, and to pay any fees for service of process. Fees for service of process can be included in your claim. There is more information about serving process on the defendant in your booklet, “Information for Plaintiffs in Small Claims Cases.” ________ Date _________________________ Magistrate Judge Copy served on plaintiff by ___ hand-delivery ___ mail to address shown in court files. ________ Date _________________________ Deputy Clerk ________ JUDICIAL DISTRICT, STATE OF IDAHO __________________ COUNTY SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). 1. FILED ________________ AT_______.M CLERK OF THE DISTRICT COURT BY ________________________, Deputy ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ ANSWER No Filing Fee If the defendant’s name is not spelled correctly on the plaintiff’s Claim, or if the defendant’s address or phone number are not correct or are omitted on the plaintiff’s Claim, fill out this portion. ______________________________________________________________________________________ Defendant’s Name Address City State Zip Phone ______________________________________________________________________________________ Defendant’s Name Address City State Zip Phone 2. If the plaintiff’s claim asks for a judgment for money, fill out this portion. Do you agree that you owe money to the plaintiff? ___ Yes ___ No If yes, how much do you agree that you owe? $____________________ If you believe that you do not owe the plaintiff the amount claimed or any money, state briefly why you do not owe the money. ______________________________________________________________________________________ ______________________________________________________________________________________ 3. If the plaintiff’s claim seeks the return of personal property, fill out this portion. Do you agree with the part of the plaintiff’s claim asking for the return of personal property? ___ Yes ___ No If not, state briefly why not. ______________________________________________________________________________________ ______________________________________________________________________________________ BY SIGNING THIS ANSWER, THE DEFENDANT VERIFIES THAT the information above is true and correct to the defendant’s best knowledge. ____________________________________ Defendant’s Signature Subscribed and sworn to before me ____________. (date) ____________________________________ Deputy Clerk or Notary Public If Notary, my commission expires: Favor de avisarnos antes de la fecha de la audencia si usted necesitara un interprete en la corte. IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SMALL CLAIMS DEPARTMENT , Plaintiff, v. , Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. CVORDER FOR MEDIATION TO THE PARTIES IN SMALL CLAIMS ACTIONS: PLEASE TAKE NOTICE, that in all contested matters wherein the Plaintiff has filed a Complaint and the Defendant has filed a written Answer, no trial may occur before the Small Claims Court until the parties first submit themselves to mediation. Mediation offers the parties a final opportunity to maintain control over their dispute and to settle the dispute without the intervention of the Court. In mediation, trained, neutral third persons attempt to aid the parties in resolving their differences and settling the same without the necessity of a trial. If you reach a mediated settlement, that agreement will be reduced to writing by the mediator, signed by each of the parties and presented to the Court for approval and order. If the parties cannot resolve the matter, then trial in your case will be held on the same day, but at a later time, before the Small Claim's Judge. You should bring any evidence which you wish to present to the Judge and provide any witnesses whom you wish to testify on your behalf. Please be aware that the mediator must keep confidential, all information received during the mediation process and cannot be called as a witness for either party. Further, the mediator cannot give the parties legal advice. Failure to appear at mediation will cause your case to be dismissed if you are the Plaintiff or a default judgment to be entered against you, if you are the Defendant. You will receive written notice from the Clerk of the Small Claims Court, setting the matter for mediation, and if mediation is unsuccessful, informing you of the time for trial on the same day. DATED THIS day of , . MAGISTRATE JUDGE IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT , Plaintiff, v. , Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. CVNOTICE OF MEDIATION AND/OR TRIAL The Defendant(s), having filed a written Answer to the Plaintiff’s Complaint, the Court has set this matter as follows: First for mandatory mediation on ____________________ at _____o’clock, __m. If mediation is unsuccessful, then this matter shall be tried before the Court, on , at the earliest time available after mediation has concluded. DATED this day of , . CLERK OF THE DISTRICT COURT By Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that on copy to the party or parties: ______________________ ______________________ ______________________ ______________________ (Plaintiff’s address) ______________________ ______________________ (Plaintiff’s telephone number) number) , I served a true and correct (Defendant’s address) (Defendant’s telephone Deputy Clerk CHECKLIST FOR SMALL CLAIMS COURT MEDIATORS I. Introductions A. B. Names - Are first names okay? Mediation - May briefly discuss difference between Mediated Order and Judgment. 1. 2. Confidential settlement discussion with neutral third person. Gives parties one last chance to resolve their own dispute without judge. Allows parties to be creative in making a solution to the dispute. 3. C. Mediators1. 2. 3. Neutral third person acting as facilitator. Confidential - Cannot be called as a witness if no agreement reached. Not acting as a lawyer or judge. II. Process Overview- Brief explanation of what will happen: A. Each party will have an opportunity to state why they are here and what they would like to see happen. Each party will have an opportunity to respond to what the other has said. We will have time for discussion, questions and answers. Each party will suggest solutions to the dispute, and we will discuss each suggested solution. The parties will agree on a solution to the dispute. B. C. D. E. III. Ground Rules A. B. Honest attempt to reach agreement. Respect each other and process = no shouting, pounding fists, name calling. No interruptions - paper and pens to write down comments while other C. speaking. IV. Parties Agree To Ground Rules and Sign Agreement to Mediate. V. If Agreement Reached A. Memorandum of Agreement must contain the following information: 1. Amount of damages. If personal property is involved, the parties need to agree on a dollar amount for that item of property in case of non-compliance. (Example Defendant will return bike ($150) to Plaintiff.) How the damages will be paid. Hand delivered vs. mailed? Installments? Check vs. Money Order? Check made out to whom? When the damages will be paid. Installments? Date and time of day? 2. 3. B. C. Mediator explains Affidavits of Compliance and Non-Compliance. Each party fills out a questionnaire while mediator give Agreement to Clerk to have Judge review and sign. VI. If No Agreement Reached A. Thank parties for their good faith attempt and fill out Mediation Status Report. B. Each party fills out a questionnaire while mediator finds out which courtroom to take the parties. MEDIATION INTAKE SUMMARY Date of Mediation Mediators: Date Case Filed: Small Claims Case No. ****************************************************************************** Plaintiff: Defendant: Address: Address: _____ Day Phone: _____ Evening Phone: _____ Day Phone: _____ Evening Phone: Please indicate with an X whether party prefers to be called day or evening. ****************************************************************************** TYPE OF CASE _____ _____ _____ _____ Landlord/Tenant Commercial Dispute: Interpersonal Dispute: Other: _____ Automobile Accident _____ Property Judgment sought by Plaintiff: ****************************************************************************** SETTLEMENT _____ SETTLED – Terms: _____ PARTIAL SETTLEMENT – Terms: _____ NOT SETTLED Who ended the mediation? Plaintiff _____ Defendant _____ Mediators _____ All _____ Is party willing to be called for follow up information? Plaintiff Defendant Yes No Yes No (Please circle appropriate response) MEDIATION STATUS REPORT Case Name Case No. Report Date ****************************************************************************** ( ( ( ( ( ) ) ) ) ) Meaningful mediation in ongoing - Return date Parties are at impasse Mediator withdraws from mediation One or both parties withdraws from mediation Partial agreement reached AS FOLLOWS: SIGNED: Plaintiff Defendant Mediator Mediator Case Name: Case No.: AGREEMENT TO MEDIATE This agreement is made between and , who are referred to as "the parties." The mediation will be confidential discussion aimed at resolving the issues in dispute The mediators are neutral. Their purpose is to help the parties come to an agreement. They do not favor either party. They do not and will not give legal advise to either party. The mediators will not be serving as advocates, lawyers or judges. The parties will honestly attempt to reach an agreement that is acceptable to both parties. Either party can end the mediation at any time. Nothing that is said, written, or done by either party or by a mediator can be used in this case if an agreement is not reached. If a mediator has reason to believe either (a) that a child has been abused, abandoned, or neglected, or, (b) that mediation communications must be revealed to prevent a crime that poses a serious risk of bodily injury or death, then, the mediator has a legal duty to report the circumstances to proper authorities. I HAVE READ, UNDERSTAND, AND AGREE WITH ALL THE TERMS WRITTEN ABOVE. Dated: (Plaintiff) (Defendant) IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SMALL CLAIMS DEPARTMENT , Address: ______________________________ Phone: ________________________ Plaintiff, v. , Address: ______________________ ______________________________ Phone: ________________________ Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV- MEMORANDUM OF AGREEMENT AND STIPULATED ORDER At the time set for the hearing of the above claim the above parties met in mediation and reached an agreement with the following terms: This agreement constitutes a complete resolution of this matter. The parties agree that this agreement be entered as a Stipulated Order. If this agreement is complied with, this case will be dismissed within ten days of the filing of an Affidavit of Compliance. In the event the terms of this Agreement are not complied with, either party can complete and file an Affidavit of Non-Compliance and then a Judgment shall be entered against the Defendant(s) and in favor of the Plaintiff(s) in the amount of $ less any amounts paid. In the event that a judgment is entered a Writ of Execution shall be issued immediately. The parties hereby expressly waive any statutory waiting period for the issuance of the Writ. Dated this day of , . Signature(s) of Plaintiff(s) Signature(s) of Defendant(s) Signature(s) of Mediator(s) STIPULATED ORDER: The parties having met and reached agreement on the above terms and conditions, the same is hereby adopted as an Order of this Court. Date: Small Claims Department of the District Court, Magistrate Judge IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SMALL CLAIMS DEPARTMENT , Address: ______________________ _____________________________ Phone: _______________________ Plaintiff, ) ) ) CASE NO. CV- v. , Address: ______________________ ______________________________ Phone: ________________________ Defendant. ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM OF AGREEMENT STIPULATION AND JUDGMENT ) At the time set for the hearing of the above claim the above parties met in mediation and reached an agreement with the following terms: This agreement constitutes a complete resolution of this matter. The parties agree that this agreement be entered as a Judgment herein against the Defendant(s) and in favor of the Plaintiff(s) in amount of $ . A Writ of Execution may be issued immediately. The parties hereby expressly waive any statutory waiting period for the issuance of a Writ of Execution. Dated this day of , . Signature(s) of Plaintiff(s) Signature(s) of Defendant(s) Signature(s) of Mediator(s) JUDGMENT This matter having duly and regularly come before the Court, and the parties having stipulated to the entry of a Judgment herein, and good cause appearing, NOW THEREFORE, Judgment is entered herein against the Defendant(s) and in favor of the Plaintiff(s) in the amount of $ SO ORDERED this day of . , . Small Claims Department of the District Court, Magistrate Judge MEDIATION SATISFACTION QUESTIONNAIRE The purpose of this questionnaire is to obtain information to help us improve the quality of mediation serves we provide. Your answers to the following questions would be very helpful to us. All answers are confidential. ****************************************************************************** (To be filled out by the mediators) DATE: MEDIATOR (S): TYPE OF CASE: ****************************************************************************** QUESTIONNAIRE INSTRUCTIONS This questionnaire includes yes/no questions and answer lines*. For each answer line question, you should place a mark on the line where you feel it best represents your opinion. You can mark anywhere on the line. For example, if you have a positive opinion about the question but believe there is room for improvement, you could answer the question as illustrated below. Negative/disagree Neutral Positive/agree LENGTH OF MEDIATION SESSION: Please answer every question and include your comments. Thank you for taking the time to complete this questionnaire. Please return your completed questionnaire to the court clerk before leaving. 1. A. Are you a plaintiff or a defendant ? B. What were your initial thoughts about mediation? Comments: 2. How would you rate your first impression of the mediators handling your case? Neutral Favorable Unfavorable 3. How would you rate the comfort and appropriateness of the physical setting arranged by the mediators for your session? Neutral Comfortable Uncomfortable 4. How clear were the introductory remarks and explanation of the mediation process offered by the mediators? Neutral Clear Unclear 5. How comfortable were you during the mediation session? Neutral Comfortable Uncomfortable 6. How would you rate your overall satisfaction with the manner in which the mediators conducted the mediation session? Neutral Satisfied Dissatisfied 7. How involved were you in the problem-solving process? Neutral Involved Not Involved 8. Did the mediators give both parties an equal chance to explain their case? Yes No Comments: 9. Unfair 10. How fair were the mediators to both sides? Neutral Fair If you had co-mediators assisting you, how well did the two mediators work together during the mediation process? Neutral Well Not Well 11. Did the mediation process address the main issues of your dispute? Yes No Comments: 12. Did the mediation end successfully (i.e., with a mutually agreeable solution)? Yes No Comments: 13. If you reached an agreement, were the terms and conditions of the agreement clear to you? Neutral Clear Unclear 14. How well was the tone set for future problem solving with the other party? Neutral Positive Tone Negative Tone 15. Did you have enough time for the mediation? Yes No If no, how much more time was needed? Comments: 16. How satisfied were you with the overall mediation? Neutral Satisfied Unsatisfied 17. Are you willing to utilize mediation in the future? Yes No Comments: 18. Do you have any other comments or suggestions? *Answer line developed by Dr. Jack E. Vincent for U.N. research purposes. IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT , Plaintiff, v. , Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. CVAFFIDAVIT OF COMPLIANCE State of Idaho County of ) ) ss. ) I/We hereby swear or affirm under penalty of perjury that I/We have complied fully with the terms and conditions of the Memorandum of Agreement, and this case should be dismissed in ten days from the date this is filled. Dated this day of , . Name of Party SUBSCRIBED AND SWORN to before me on this day of , Notary/Clerk of the District Court Notary Public in and for the State of Idaho Residing at: My Commission Expires: Notice of Filing NOTICE TO PLAINTIFF(S): This case will be dismissed within ten days UNLESS you file an AFFIDAVIT OF NON-COMPLIANCE with the Court. IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SMALL CLAIMS DEPARTMENT , Plaintiff, v. , Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. CVAFFIDAVIT OF NON-COMPLIANCE State of Idaho ) ) ss. County of ) I, (Print your name) perjury that on (Date agreement signed) , hereby swear or affirm under penalty of , (Print other party’s name) and I signed a Memorandum of Agreement. [ ] (Print other party’s name) Agreement by failing to do the following: has not complied with the Memorandum of OR [ ] Memorandum has partially complied with the (Print other party’s name) Agreement by : Based upon these facts, I/We ask that Judgment be entered against the Defendant in the Amount of $ . Date: , Signature SUBSCRIBED AND SWORN to before me on this day of , Notary/Clerk of the District Court Notary Public in and for the State of Idaho, residing at: My Commission expires: IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SMALL CLAIMS DEPARTMENT ) ) ) Plaintiff, ) ) ) v. ) ) ) _______________________, ) ) Defendant. ________________________________) _______________________, Case No. CV___________________ POST MEDIATION SMALL CLAIMS JUDGMENT A mediation resolution of this action was entered into by the Parties and Ordered by the Court on ________________________________________. The Defendant has not fulfilled the agreement in accordance with the Court’s Order, THEREFORE in accordance with the Order of ___________________________, JUDGMENT IS HEREBY ENTERED for Plaintiff against the Defendant, ____________________________________, in the sum of $_____________________, which judgment has not been paid or satisfied. JUDGMENT ORDERED this _______ day of ______________________, ________. ____________________________ Magistrate Judge IN THE DISTRICT COURT OF THE ________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT ) ) ) ) ) ) ) ) ) ) ) ___________________________________________, ___________________________________________, PLAINTIFF(S), vs. ___________________________________________, ___________________________________________, DEFENDANT(S). STATE OF IDAHO ) ) ss: ) County of ______________ I swear under oath: CASE NO._________________ AFFIDAVIT OF COMPETENCE, NON-MILITARY SERVICE, AND AMOUNT DUE 1. I am 18 years of age or older, and I am the plaintiff in this case, or the plaintiff in this case is a business organization and I am an owner or employee of the plaintiff. 2. 3. The defendant(s) in this case is (are) at least 18 years of age, and not incompetent. Check one: [ ] Defendant(s) in this case is (are) not in the uniformed services as defined by the Servicemembers Civil Relief Act of 2003; I know this because: ______________________________________________________________________. OR [ ] I am unable to determine whether the defendant(s) is (are) in the uniformed services as defined by the Servicemembers Civil Relief Act of 2003, OR [ ] Defendant(s) is (are) in the uniformed services as defined by the Servicemembers Civil Relief Act of 2003, and has waived in writing Defendant’s rights under the Act. 4. This claim __does __does not include interest, finance charges, or late charges. If so, the amounts are calculated as follows: ________________________________________________ ____________________________________________________________________________ 5. I have attached copies of all relevant documents to this affidavit. 6. The defendant(s) owes the plaintiff: Deduct payments made since the date of filing: Add fees for filing claim and service of process: TOTAL DUE AND OWING $ _______________ $ _______________ $ _______________ $ _______________ ___________________________________________ Signature Subscribed and sworn to before me this date: __________________________. ___________________________________________ Deputy Clerk or Notary Public If Notary, my commission expires: IN THE DISTRICT COURT OF THE ________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT ) ) ) ) ) ) ) ) ) ) ) ___________________________________________, ___________________________________________, PLAINTIFF(S), vs. ___________________________________________, ___________________________________________, DEFENDANT(S). STATE OF IDAHO ) ) ) CASE NO._________________ AFFIDAVIT OF COMPETENCE AND NON-MILITARY SERVICE ss: County of ______________ I swear under oath: 1. I am over 1 8 years of age, and I am the plaintiff in this case, or the plaintiff in this case is a business organization and I am an owner or employee of the plaintiff. 2. 3. The defendant(s) in this case is (are) at least 18 years of age, and not incompetent. Check one: [ ] Defendant(s) in this case is (are) not in the uniformed services as defined by the Servicemembers Civil Relief Act of 2003; I know this because ______________________________________________________________________ _________________________________. OR [ ] I am unable to determine whether the defendant(s) is (are) in the uniformed services as defined by the Servicemembers Civil Relief Act of 2003, OR [ ] Defendant(s) is (are) in the uniformed services as defined by the Servicemembers Civil Relief Act of 2003, and has waived in writing Defendant’s rights under the Act. ___________________________________________ Signature Subscribed and sworn to before me this date: __________________________. ___________________________________________ Deputy Clerk or Notary Public If Notary, my commission expires: IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ MOTION TO CONTINUE (RESCHEDULE) HEARING I am the ___ plaintiff ___ defendant (check one) in this case. I am asking the court to continue this hearing for: ___ ___ ___ two weeks thirty days other: ____________________ I am unable to attend the hearing on the date scheduled because: _________________________ Signature _______ Date IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ ORDER ON MOTION TO CONTINUE (RESCHEDULE) HEARING The ___ plaintiff ___ defendant (check one) filed a motion asking the court to continue (reschedule) the hearing in this case. The court orders as follows: ___ ___ The motion to continue is denied. The motion to continue is granted. Hearing is continued to (date) ______________________________ at (time) _______________. ________ Date _________________________ Magistrate Judge Copy served on plaintiff by ___ hand-delivery ___ mail to address shown in court files. Copy served on defendant by ___ hand-delivery ___ mail to address shown in court files. ________ Date _________________________ Deputy Clerk IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ MOTION TO SET ASIDE DISMISSAL WITH PREJUDICE I am the plaintiff in this case. My claim was dismissed with prejudice on ____________________ (date) when I failed to appear at the hearing on my claim. I am asking the court to set aside the judgment dismissing my claim. I was not able to be at the hearing on my claim because: __________________________ Plaintiff’s Signature ________ Date IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ ORDER ON MOTION TO SET ASIDE DISMISSAL WITH PREJUDICE This case was dismissed with prejudice when the plaintiff failed to appear at the hearing on the plaintiff’s claim. The plaintiff has filed a motion asking the court to set aside the judgment dismissing the plaintiff’s claim. The court orders as follows: ___ ___ ___ The motion to set aside is denied. The motion to set aside is granted, and the claim will be set for hearing. The motion to set aside will be set for hearing. If the motion is granted at the hearing, the court will proceed to hear the claim at the same time. ___ The court clerk will mail a notice of hearing with the date and time for the hearing to both parties. ________ Date _________________________ Magistrate Judge Copy served on plaintiff by ___ hand-delivery ___ mail to address shown in court files. Copy served on defendant by ___ hand-delivery ___ mail to address shown in court files. ________ Date _________________________ Deputy Clerk ____________ JUDICIAL DISTRICT, STATE OF IDAHO ________________ COUNTY SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, Present: __Yes __No PLAINTIFF(S), vs. _________________________________________, _________________________________________, Present: __Yes __No DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) ) FILED ________________ AT ______ M CLERK OF THE DISTRICT COURT BY, ____________________, Deputy CASE NO. ____________________ JUDGMENT It appears from the court’s file that service of process has been made upon the defendant. [ ] Judgment is entered in favor of the plaintiff on the claim in the amount of $____________________, with costs in the amount of $_______________, for a total judgment of $____________________. [ ] Judgment is entered in favor of the plaintiff for recovery and possession of the following personal property which the Defendant is hereby ordered to return to the Plaintiff, _________________________________________________________________________ _________________________________________________________________________ _________________________________and for costs in the amount of $ ______________. After the defendant has paid the money required by the judgment, and returns any personal property required by the judgment, the defendant has satisfied the judgment. The Plaintiff is ordered to complete and file a Satisfaction of Judgment with the court clerk within 30 days after the judgment is satisfied. [ [ [ [ [ ] ] ] ] ] This is a default judgment. This judgment is based on the agreement of the parties. Judgment is entered in favor of the defendant. The plaintiff’s claim is denied. The plaintiff’s claim is dismissed without prejudice. The plaintiff’s claim is dismissed with prejudice. ______________________________ Magistrate Judge Date: _______________ Copy served on plaintiff by ___ hand-delivery ___ mailed to address shown in court files. Copy served on defendant by ___ hand-delivery ___ mailed to address shown in court files. ________ Date _________________________ Deputy Clerk DISMISSAL BY PLAINTIFF [ ] The plaintiff acknowledges full satisfaction of the claim, and dismisses the claim in this case. [ ] The defendant has not filed an answer, and the plaintiff dismisses the claim in this case without prejudice pursuant to I.R.C.P. 41(a)(1). Date: _______________ ________________________________ Plaintiff IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF ________________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S)) ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ DISMISSAL BY PLAINTIFF [ ] The plaintiff acknowledges full satisfaction of the claim, and dismisses the claim in this case. [ ] The defendant has not filed an answer, and the plaintiff dismisses the claim in this case without prejudice pursuant to I.R.C.P. 41(a)(1). Date: _______________ ________________________________ Plaintiff IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT ____________________________________, ) ) _____________________________________, ) PLAINTIFF(S), ) vs. ) ) ) _____________________________________, ) ) _____________________________________, ) DEFENDANT(S). ) ) ) ss. County of ____________ ) STATE OF IDAHO CASE NO. ____________________ AFFIDAVIT AND MOTION TO RENEW JUDGMENT I, _________________________, being first duly sworn, depose and state: 1. 2. I am the plaintiff in this case, or the plaintiff is a business organization and I am an owner or employee of the organization. Judgment was entered in favor of the plaintiff in this case on _________________________. This date is within the last five years, and the judgment has not been previously renewed. Judgment was entered in the amount of _______________. To date, I have received the amount of _______________ in satisfaction of the judgment. I am asking that the judgment be renewed for an additional five years pursuant to Idaho Code § 11-105. ______________________________ Plaintiff’s Signature Subscribed and sworn to before me this date: ___________________. 3. 4. ____________________________ Deputy Court Clerk or Notary Public If Notary, My commission expires: IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _____________________________________, ) ) _____________________________________, ) PLAINTIFF(S), ) vs. ) ) ) _____________________________________, ) ) _____________________________________, ) DEFENDANT(S). ) CASE NO. ____________________ ORDER RENEWING JUDGMENT Judgment was entered in favor of the plaintiff in this case on _________________ ________. This date is within the last five years; the judgment has not been previously renewed; and the judgment has not been satisfied. Pursuant to Idaho Code § 11-105, the judgment in this case is renewed for an additional five years. ________ Date _________________________ Magistrate Judge Copy served on plaintiff by ___ hand-delivery ___ mail to address shown in court files. Copy served on defendant by ___ hand-delivery ___ mail to address shown in court files. ________ Date _________________________ Deputy Clerk IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _____________________________________, ) ) _____________________________________, ) PLAINTIFF(S), ) vs. ) ) _____________________________________, ) ) _____________________________________, ) DEFENDANT(S). ) CASE NO. ____________________ MOTION TO SET ASIDE DEFAULT JUDGMENT 1. I am the defendant in this case. A default judgment was entered against me on __________________ (date). 2. If the default judgment was entered because the defendant did not file an answer by the deadline in the summons, fill out this portion: I did not file an answer by the deadline on my summons because: My answer is attached to this motion. 3. If the default judgment was entered because the defendant did not appear at the hearing on the claim, fill out this portion: I did not appear at the hearing on the claim because: __________________________ Defendant’s Signature ________ Date IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _____________________________________, ) ) _____________________________________, ) PLAINTIFF(S), ) vs. ) ) _____________________________________, ) ) _____________________________________, ) DEFENDANT(S). ) CASE NO. ____________________ ORDER ON MOTION TO SET ASIDE DEFAULT JUDGMENT The court entered a default judgment after the defendant either failed to file an answer by the deadline in the summons, or failed to appear for the hearing on the claim. The defendant has filed a motion asking the court to set aside the default judgment. The court orders as follows: ___ ___ ___ The motion to set aside is denied. The motion to set aside is granted, and the claim will be set for hearing. The motion to set aside will be set for hearing. If the motion is granted at the hearing, the court will proceed to hear the claim at the same time. ___ The court clerk will mail a notice of hearing with the date and time for the hearing to both parties. ________ Date _________________________ Magistrate Judge Copy served on plaintiff by ___ hand-delivery ___ mail to address shown in court files. Copy served on defendant by ___ hand-delivery ___ mail to address shown in court files. ________ Date _________________________ Deputy Clerk IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _____________________________________, ) ) _____________________________________, ) PLAINTIFF(S), ) vs. ) ) ) _____________________________________, ) ) _____________________________________, ) DEFENDANT(S). ) ) ) ss. County of ____________ ) STATE OF IDAHO CASE NO. ____________________ AFFIDAVIT AND MOTION TO CHANGE VENUE I, _________________________, being first duly sworn, depose and state: 1. I am the defendant in this case. I move to have this action transferred to _______________ County, pursuant to Idaho Code §1-2301. The plaintiff filed this action in _________________ County. This is the wrong county because: 2. __________________________ Defendant’s Signature ________ Date Subscribed and sworn to before me this date: ___________________. ____________________________ Deputy Court Clerk or Notary Public If Notary, My commission expires: IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _____________________________________, ) ) _____________________________________, ) PLAINTIFF(S), ) vs. ) ) _____________________________________, ) ) _____________________________________, ) DEFENDANT(S). ) CASE NO. ____________________ ORDER ON MOTION TO CHANGE VENUE The defendant has filed a motion asking the court to change venue of this action to __________ County. ___ ___ The motion to change venue is denied. The motion to change venue is granted, and this action will be transferred to the Small Claims Department of the District Court in and for ___________ County, Idaho. ____ The motion to change venue will be set for hearing. The hearing will be held on ___________, 20__, at __:__ _.m. or the court clerk will mail a notice of hearing with the date and time for the hearing to both parties. ________ Date _________________________ Magistrate Judge Copy served on plaintiff by ___ hand-delivery ___ mail to address shown in court files. Copy served on defendant by ___ hand-delivery ___ mail to address shown in court files. ________ Date _________________________ Deputy Clerk IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ____________________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ APPLICATION AND AFFIDAVIT WRIT OF EXECUTION FOR vs. ______________________________________, ______________________________________, DEFENDANT(s), ) ) ss: County of ________________ ) STATE OF IDAHO I, _________________________, being first duly sworn, and upon personal knowledge of the facts and circumstances recited herein, depose and state: 1. 2. 3. 4. 5. I am over the age of 18 years, and I am the plaintiff in this case, or the plaintiff in this case is a business organization and I am an owner or employee of the plaintiff. A judgment was entered against the defendant(s) in this case on ________________, _____. The total amount of the judgment was $ ____________. The defendant has/defendants have paid a total of $ ____________. Post-judgment interest has accrued in the amount of $ ____________. 6. Post-judgment costs and fees have been incurred in the amount of $ ____________. (Enter the clerk’s fee for the writ. If you have paid fees to the Sheriff’s office for prior attempts to execute on this judgment, you can include those amounts also, but only if you attach copies of the receipts to this application. Other costs and fees must be approved by the court. To obtain court approval, the applicant must file a written motion with the court, schedule a hearing before the court, and give notice of the motion and hearing to the defendant.) _________________________ Plaintiff’s signature Subscribed and sworn to before me this date: ____________________. ______________________________ Deputy Court Clerk or Notary Public for Idaho If Notary, my commission expires: IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ____________________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), vs. ______________________________________, ______________________________________, DEFENDANT(s), STATE OF IDAHO ) ) ss: County of ________________ ) ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ APPLICATION AND AFFIDAVIT FOR WRIT OF CONTINUING GARNISHMENT I, _________________________, being first duly sworn, and upon personal knowledge of the facts and circumstances recited herein, depose and state: 1. 2. 3. 4. 5. I am over the age of 18 years, and I am the plaintiff in this case, or the plaintiff in this case is a business organization and I am an owner or employee of the plaintiff. A judgment was entered against the defendant(s) in this case on ________________, _____. The total amount of the judgment was $ ____________. The defendant has paid a total of $ ____________. Post-judgment interest has accrued in the amount of $ ____________. 6. Post-judgment costs and fees have been incurred in the amount of $ ____________. (Enter the clerk’s fee for the writ. If you have paid fees to the Sheriff’s office for prior attempts to execute on this judgment, you can include those amounts also, but only if you attach copies of the receipts to this application. Other costs and fees must be approved by the court. To obtain court approval, the applicant must file a written motion with the court, schedule a hearing before the court, and give notice of the motion and hearing to the defendant.) 7. The defendant’s name is: The name and address of the defendant’s employer is: _________________________ Plaintiff’s signature Subscribed and sworn to before me this date: ____________________. ______________________________ Deputy Court Clerk or Notary Public for Idaho If Notary, my commission expires: IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ____________________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ APPLICATION AND AFFIDAVIT WRIT OF POSSESSION FOR vs. ______________________________________, ______________________________________, DEFENDANT(s), STATE OF IDAHO ) ) ss: County of ________________ ) I, _________________________, being first duly sworn, and upon personal knowledge of the facts and circumstances recited herein, depose and state: 1. 2. 3. I am over the age of 18 years, and I am the plaintiff in this case, or the plaintiff in this case is a business organization and I am an owner or employee of the plaintiff. A judgment was entered against the defendant(s) in this case on ________________, _____. Judgment was entered for recovery of the following personal property to me, which I have not obtained or received: __________________________________________________________ ________________________________________________________________________. 4. I believe the property is located at the following address: ______________________________ ________________________________________________________________________. 5. I believe the property is located within the following building or enclosure at that address: ______________________________________________________________________________. 6. I believe the property can be found at the above location because: __________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________. _________________________ Plaintiff’s signature Subscribed and sworn to before me this date: ____________________. ______________________________ Deputy Court Clerk or Notary Public for Idaho If Notary, my commission expires: IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ MOTION CONTESTING CLAIM OF EXEMPTION OR THIRD PARTY CLAIM AND NOTICE OF HEARING I am the plaintiff in this case. I am asking the court to deny: ___ the defendant’s claim of exemption ___ the third party claim filed by: _____________________ I have attached a copy of the claim of exemption or third party claim to this motion. __________________________ Signature ________ Date NOTICE OF HEARING: This motion is set for hearing on the _____ day of _______________, _______, at _______, __.m., at the ______________ County Courthouse in _______________, Idaho. Copy served on plaintiff by ___ hand-delivery ___ mail to address shown in court files. Copy served on defendant by ___ hand-delivery ___ mail to address shown in court files. ________ Date _________________________ Deputy Clerk IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ ORDER ON MOTION CONTESTING CLAIM OF EXEMPTION OR THIRD PARTY CLAIM A ___ claim of exemption ___ third party claim was filed with the sheriff’s office. The plaintiff filed a motion contesting the claim. The court orders as follows: ___ the claim is denied with respect to the following property, which is subject to execution: ___ the claim is granted with respect to the following property, which is not subject to execution: ________ Date _________________________ Magistrate Judge Copy served on plaintiff by ___ hand-delivery ___ mail to address shown in court files. Copy served on defendant by ___ hand-delivery ___ mail to address shown in court files. ________ Date _________________________ Deputy Clerk IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ____________________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), vs. ______________________________________, ______________________________________, DEFENDANT(s), ) ) ss: County of ________________ ) STATE OF IDAHO ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ WRIT OF EXECUTION ON SMALL CLAIMS JUDGMENT THE STATE OF IDAHO to the Sheriff of the County of ____________________ Greetings: On ____________________, the plaintiff(s) recovered a judgment against the defendant(s) in this case for: TOTAL SUM OF JUDGMENT: Amount(s) paid by defendant(s): Plus accruing costs: Plus accrued interest: Total amount now due and owing: $ __________ $ __________ $ __________ $ __________ $ __________ YOU, the Sheriff, are required to satisfy the judgment, with post-judgment interest accruing at the legal rate and accruing costs, out of the personal property of ____________ ____________________ (name of defendant) and make return of this writ within sixty (60) days after receipt of this writ. Date: ___________________ Deputy CLERK OF THE DISTRICT COURT By: _________________________, IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ____________________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), vs. ______________________________________, ______________________________________, DEFENDANT(s), ) ) ss: County of ________________ ) STATE OF IDAHO ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ WRIT OF EXECUTION FOR CONTINUING GARNISHMENT ON SMALL CLAIMS JUDGMENT THE STATE OF IDAHO to the Sheriff of the County of ___________________ THE STATE OF IDAHO to _________________________________________ (employer) On ____________________, the plaintiff(s) recovered a judgment against the defendant(s) in this case for: TOTAL SUM OF JUDGMENT: $ __________ Amount(s) paid by defendant(s): $ __________ Plus accruing costs: $ __________ Plus accrued interest: $ __________ Total amount now due and owing: $ __________ You, THE SHERIFF, are required to satisfy the judgment, with post-judgment interest accruing at the legal rate and accruing costs, out of the personal property of ______________________ (name of defendant) and make return of this writ within ninety (90) days after receipt of this writ. You, THE EMPLOYER of the judgment debtor, are hereby directed to pay the Sheriff of ____________________ County such future moneys coming due to __________________________ (name of defendant) as a result of his/her employment with you, pursuant to Section 8-509, Idaho Code. This garnishment shall continue until the judgment, including post-judgment interest and accruing costs, has been fully paid. YOU ARE HEREBY NOTIFIED THAT IF YOU FAIL TO COMPLY with the terms of this writ, that you, the employer, may be held responsible for payment of such sums that you are required by this writ to withhold from the wages of the judgment debtor. YOU ARE FURTHER NOTIFIED that if you are paying over to the sheriff, pursuant to this writ, from the compensation of the judgment debtor, the maximum amount allowed under the provision of section 11-207, Idaho Code, then no other garnishments may be served upon you until this garnishment is satisfied. Date: ___________________ CLERK OF THE DISTRICT COURT By: _________________________, Deputy IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ____________________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), vs. ______________________________________, ______________________________________, DEFENDANT(s), ) ) ss: County of ________________ ) STATE OF IDAHO ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ WRIT OF POSSESSION ON SMALL CLAIMS JUDGMENT THE STATE OF IDAHO to the Sheriff of the County of _________________________ Greetings: In the above-entitled matter, judgment was entered on ___________________, for recovery of the plaintiff’s personal property, described in the judgment as follows: ______________________________________________________________________________ ______________________________________________________________________________. Pursuant to section 8-305, Idaho Code, YOU ARE HEREBY ORDERED to seize the abovedescribed personal property from the possession or control of the above-named defendant(s). YOU ARE FURTHER ORDERED to deliver this property without delay to the above-named plaintiff(s), by notifying the plaintiff(s) that he or she may receive this property at the location you specify. You are required to make return of this writ within twenty (20) days of receipt. The Court has determined that there is reasonable cause to believe that this property is to be found at the following location(s): ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________. If the description set forth above includes a building or enclosure, you, the Sheriff, shall demand delivery of this property from any person who purports to be in possession of the premises, after announcing your purpose, your identity, and the authority of this Writ of Possession. If you, the Sheriff, are denied delivery of this property, or, if no person is present to accede to your demand, then you shall cause the building or enclosure to be broken open in such manner as you believe will cause the least damage, and take this property into your possession. IT IS SO ORDERED, this date: ___________ _________________________ _________________________, Magistrate Judge IN THE DISTRICT COURT OF THE _________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ____________________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), vs. ______________________________________, ______________________________________, DEFENDANT(s), ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ NOTICE OF GARNISHMENT OR EXECUTION THE STATE OF IDAHO to __________________________ PLEASE TAKE NOTICE that all money, wages, debts due or owing, and all other personal property belonging to _________________ (name of defendant) that is in your possession or under your control is levied upon. YOU ARE HEREBY NOTIFIED not to pay or transfer the same to anyone but the Office of the Sheriff. (Wages are subject to the maximum garnishments allowed under Idaho Code §11-207). YOU ARE REQUIRED, pursuant to Idaho Code §8-511, to make full and true answer, under oath, to the following interrogatories and to file your answers with the court within five days after this notice is served on you. If you fail to do so, you may be held liable to the plaintiff for the amount owed by the defendant under the judgment entered against the defendant in this case. 1. 2. Is the defendant your employee? ___ Yes ___ No If the defendant is your employee, are you honoring any other garnishments on the defendant’s wages? ___ Yes ___ No. If yes, what jurisdiction issued the judgment? State ___________, County _______________. Do you have in your possession or under your control any money belonging to the defendant? ___ Yes ___ No. If so, what is the amount? ________________ Do you owe the defendant any money (including amounts due now or amounts that will be due in the future)? ___ Yes ___ No If yes, how much, and when did it or will it become due? Do you have any other property belonging to the defendant in your possession or under your control? ___ Yes ___ No If yes, describe the property and where it is located. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ______________________________________ __ ____________________________________ Print name Sign name Subscribed and sworn to before me this date: _________________________________. 3. 4. 5. Date: ___________________ ______________________________ Deputy Court Clerk or Notary Public for Idaho If Notary, my commission expires: ________ IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ SATISFACTION OF JUDGMENT I, _________________________, am the plaintiff in this case, or the plaintiff is a business organization and I am an owner or an employee of the plaintiff. A judgment was entered against the defendant(s) in this case on ____________________ (date). I acknowledge that the judgment has been satisfied in full. ___________________________ Plaintiff’s Signature Subscribed and sworn to before me this date: _______________________. _____________________________ Deputy Clerk or Notary Public If Notary, my commission expires: IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ MOTION AND AFFIDAVIT FOR SATISFACTION OF SMALL CLAIMS JUDGMENT _________________________________________, _________________________________________, DEFENDANT(S). STATE OF IDAHO ) ) ss. County of ____________ ) I, _________________, being first duly sworn, depose and state: 1. I am the defendant in this case, and I am asking the court to enter a satisfaction of judgment. On ____________________ (date), a small claims judgment was entered in favor of the plaintiff in this case in the amount of _____________. I have satisfied the judgment in this case in the following manner: 2. 3. My proof that I have satisfied the judgment is attached to this motion and affidavit. My proof consists of: 4. I have not been able to obtain a satisfaction of judgment from the plaintiff because: _________________________ Signature ________ Date Subscribed and sworn to before me this date: ___________________. ____________________________ Deputy Clerk or Notary Public If Notary, my commission expires: IN THE DISTRICT COURT OF THE ____________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ SMALL CLAIMS DEPARTMENT _________________________________________, _________________________________________, PLAINTIFF(S), vs. _________________________________________, _________________________________________, DEFENDANT(S). ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ SATISFACTION OF JUDGMENT A judgment was entered against the defendant(s) in this case on _______________ _________________ (date). The defendant(s) has (have) submitted satisfactory evidence that the judgment has been satisfied in full, and that the defendant(s) has (have) been unable to obtain a satisfaction of judgment from the plaintiff(s) in this case. THEREFORE, it is hereby decreed that the judgment in this case has been satisfied in full. DATED this _____ day of _______________, 2_____. ___________________________ Magistrate Judge IN THE DISTRICT COURT OF THE ______ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______________ ) ) Plaintiff(s), ) vs. ) ) ) Defendant(s). ) ___________________________) Case No.: NOTICE OF APPEAL OF SMALL CLAIM JUDGMENT Filing Fee: $47.00 I am the ___ plaintiff ___ defendant (check one) in this case. A judgment was entered in this case: ___ in favor of the defendant, ___ in favor the plaintiff, ___ in the amount of: ___ for recovery of the following personal property: I am appealing the decision in this case. __________________________ Signature ________ Date IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF , Plaintiff, v. , Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. CVAPPEAL ORDER Attached to this Order is a copy of Idaho Rules of Civil Procedure 81(o). This Rule together with all other applicable rules of the Idaho Rules of Civil Procedure will apply in this proceeding unless otherwise ordered. 1. TRIAL DATE. This case is set for a court trial on the date of __________20_____, at the ___________________________ County Courthouse at __:__ __.m. MULTIPLE SET. This case is multiple set. That means there are other trials set for the same time. The parties should check with the Clerk the day before the trial to insure that this case will in fact be tried. This case will not be continued except upon an Order of the Court. If either party wishes to continue the case they may file a written applications. A copy of the application must be submitted to the opposing party. Such application must be made two (2) weeks prior to trial. Upon good cause the Court can continue the trial setting in this matter. 2. TRIAL DE NOVO. This appeal trial is called a "trial de novo." What that means is that this trial is a whole new trial just as though the original small claims trial never occurred. At this new trial, the plaintiff must establish his or her claim (the legal right to recover from the defendant) and the plaintiff must establish with reasonable certainty the amount of money owed. The defendant can present any defenses he or she may have. Please note, however, that while the original small claims case was an informal trial, this trial is a formal civil trial and the formal rules of evidence and procedure apply. For instance, hearsay evidence, if objected to, will not be allowed. If you have any questions, talk to your attorney. 3. JURISDICTIONAL LIMITS. Because this is a trial de novo, and because it is a formal civil trial, and because the formal rules of evidence and procedure apply, and because each party has the right to be represented by an attorney, and because either party can have a jury trial if timely requested, and because the Court at this level is a court of record, the Idaho Supreme Court has held that in this type of a trial, all due process requirements have been met, and therefore the jurisdictional limit of $4,000.00 which applies to an original small claims case does not apply to a small claims appeal. See Gilbert v. Moore, 108 Idaho 165, 697 P.2d 1179 (1985). If you have any questions, talk to your attorney. 4. PLEADINGS. Each party is required to file with the Court a short, concise statement of their claims and/or defenses (as is applicable). This statement shall be filed at least two (2) weeks before the trial date set in this case. A copy of the filed statement shall be provided to the opposing party at the address listed in this order. 5. DISCOVERY. In conjunction with the statement of each parties' claims/defenses as stated in paragraph 4 immediately above, each party shall submit to the Court a list of witnesses they anticipate calling at the trial in this matter. That list is to be submitted to the Court at least two (2) weeks before the trial date in this matter. A copy of that list is to be mailed to the opposing party at the address given below. 6. TRIAL COURT EXHIBITS. Exhibits used in the original Small Claims Court Case may or may not be in the Court's file. The exhibits may have been returned to the parties at the end of the original small claims trial. If the exhibits are still in the Clerk's file and the parties wish to retrieve those exhibits, they should contact the Clerk's Office. Only those exhibits submitted by the party will be returned to that party. Only the exhibits properly introduced into evidence during the new trial in this case will be considered by the Court. Of course, a party may introduce new and additional exhibits not used in the original small claims case. It is the respective parties' responsibility to locate the exhibits, not the Clerk or the Court. 7. WITNESSES. Each party may subpoena witnesses to the trial but all subpoena service costs and witness fees shall be paid for by the party issuing the subpoenas to the witness and shall not be taxed as costs in the small claims proceeding over the amount of $50.00. See I.R.C.P. 81(d)(2) and 81(p). 8. PRE-TRIAL HEARINGS. Pre-trial hearings shall be conducted pursuant to Motion and Notice as required by the Idaho Rules of Civil Procedure. The parties should check with the Clerk for available Court times to hear pre-trial matters. 9. DEFAULT. Failure by either party to appear at the trial shall subject that party to a Default Judgment if the party is the Defendant or a Dismissal with prejudice if the party is the Plaintiff. 10. SETTLEMENT. The parties are expected to discuss settlement. If the case is settled the parties are to notify the Clerk's Office immediately. Written proof of settlement should be filed. 11. ATTORNEYS. Attorneys are permitted to appear before the Court on Small Claims Appeal. Attorney fees the Court can award, however, are limited to $25.00 to the prevailing party, (see Idaho Code §12311 and Idaho Rule of Civil Procedure 81(q). The Idaho Supreme Court has consistently held that a party may represent themselves. However, the Supreme Court has also consistently held that when a party undertakes to represent himself or herself in a case in which that party is entitled to be represented by an attorney, that party is held to the same standards and to the same requirements as if the party were represented by an attorney. In other words, if you choose to represent yourself, it is no excuse that you are not a lawyer and that you may or may not know the applicable law and rules. You are held to the standard of an attorney. If you have any questions, please contact your attorney. 12. RIGHT TO TRIAL BY JURY. Please note and read that pursuant to Idaho Rule of Civil Procedure 81 (o) (7), you have the right to a trial by jury if timely requested. This Court requires a demand for jury trial by you to be filed within fourteen (14) days of the date of this order. If you have any questions, please contact your attorney. 13. ADDRESSES. The Court files in this matter reflect the following addresses and phone numbers for the parties: Plaintiff: Defendant: ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ Phone # _____________________________ Phone # ___________________________ If either party's address or phone number is missing or incorrect or if the above address or phone number changes then that party shall immediately notify the Clerk's Office by filing a written statement with the Clerk's Office of the party's correct address and phone number. It is extremely important that the Court have current addresses and phone numbers of both parties in order to notify the parties of any changes in hearing dates. 14. FILING. All filings shall be submitted to the Clerk's Office with a heading similar to the heading on this Order. (.It is very important that the heading contain the case name and the case number.) Dated: Signed:_______________________________ Magistrate Judge IN THE DISTRICT COURT OF THE ___________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ____________________ SMALL CLAIMS DEPARTMENT ______________________________________, ______________________________________, PLAINTIFF(S), vs. ______________________________________, ______________________________________, DEFENDANT(s), STATE OF IDAHO ) ) ss: County of ________________ ) ) ) ) ) ) ) ) ) ) ) CASE NO. ____________________ WRIT OF POSSESSION ON SMALL CLAIMS JUDGMENT THE STATE OF IDAHO to the Sheriff of the County of _________________________ Greetings: In the above-entitled matter, judgment was entered on ___________________, for recovery of the plaintiff’s personal property, described in the judgment as follows: ______________________________________________________________________________ ______________________________________________________________________________. Pursuant to section 8-305, Idaho Code, YOU ARE HEREBY ORDERED to seize the abovedescribed personal property from the possession or control of the above-named defendant(s). YOU ARE FURTHER ORDERED to deliver this property without delay to the above-named plaintiff(s), by notifying the plaintiff(s) that he or she may receive this property at the location you specify. You are required to make return of this writ within twenty (20) days of receipt. The Court has determined that there is reasonable cause to believe that this property is to be found at the following location(s): _____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________. If the description set forth above includes a building or enclosure, you, the Sheriff, shall demand delivery of this property from any person who purports to be in possession of the premises, after announcing your purpose, your identity, and the authority of this Writ of Possession. If you, the Sheriff, are denied delivery of this property, or, if no person is present to accede to your demand, then you shall cause the building or enclosure to be broken open in such manner as you believe will cause the least damage, and take this property into your possession. IT IS SO ORDERED, this date: ___________ _________________________ _________________________, Magistrate Judge