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CLERK of the DISTRICT COURT MANUAL Table of Contents Section CLERK OF THE DISTRICT COURT MANUAL Table of Contents Section Topic 1.0 OVERVIEW OF THE IDAHO COURT SYSTEM 1.1 Purpose 1.2 Overview of the Orientation Process 1.3 Overview of the Idaho Court System Structure and Organization 1.4 Jurisdiction of the Courts 1.5 Judicial Administration 1.6 Selection, Discipline, and Removal of Judges 1.7 What Happens in a Civil Case? 1.8 What Happens in a Criminal Case? 1.9 Anatomy of a Trial 1.10 What Happens in a Criminal Sentencing? 1.11 What Happens in a Juvenile Corrections Case? 1.12 What Happens in a Traffic Case? 1.13 What are Grand Juries? 1.14 Idaho Court’s Mission Statement 1.15 Civil Case Flowchart 2.0 FELONIES 2.1 Overview 2.2 Initiating the Action 2.3 Receipt of the Complaint 2.4 Initial Appearance Before a Magistrate 2.5 Preliminary Hearing in Magistrate Court and Filing in District Court 2.6 Arraignment in District Court and Trial Setting 2.7 Disposition 2.8 Judgments in Criminal Cases 2.9 Felony Judgments 2.10 Judgment of Conviction, Suspending Sentence, and Order of Supervised Probation: (IC § 19–2601(2)) 2.11 Judgment of Conviction and Order of Retained Jurisdiction I.C. § 19–2601(4), and Order of Commitment 2.12 Order on Motion to Revoke Probation 2.13 Grand Juries 2.14 Sex Offender Registration 2.15 A Guide to the Idaho Sex Offender Registration Program 2.16 Evaluating the Effectiveness of Drug Courts in Idaho 3.0 MISDEMEANORS 3.1 Definition of a Misdemeanor 3.2 How Initiated 3.3 Receipt of Complaint or Citation 3.4 Appearance by Defendant/Processing by Clerk 3.5 Processing by Court 3.6 Forfeiture of Bond for Traffic Offenses 3.7 Case Dismissal for Inactivity 4.0 INFRACTIONS 4.1 Initiation of Infractions 4.2 Appearance by Defendant 4.3 Failure to Appear/Bad Checks (Default) 4.4 Setting Aside a Default 4.5 Denial of Charge and Trial 4.6 Trial/Judgment 4.7 Failure to Pay Infraction Judgment 4.8 Appeal 5.0 SPECIFIC CRIMINAL PROCEDURES Under Revision 6.0 CIVIL CASES 6.1 Purpose 6.2 Filing the Complaint (IRCP 5(e)) 6.3 Receipt of the Answer or Appearance 6.4 Receipt of Additional Pleadings and Documents 6.5 Mediation 6.6 Law and Motion Calendar 6.7 Scheduling Trials or Hearings 6.8 Procedures Following Trial or Other Disposition 6.9 Judgments and Closing the Case 6.10 Case Information Prior to ISTARS 6.11 Memorandum of Costs 6.12 Satisfaction of Judgment 6.13 Abstract of Judgment 6.14 Default Judgments 6.15 Foreign Judgments 6.16 Debtors Examinations 6.17 Judgments Affecting Real Estate (I.C. § 5-409) 6.18 Renewal of Judgment 6.19 Executions 6.20 Case Dismissal for Inactivity 6.21 Filing Fee Schedule 6.22 Extraordinary Writs 6.23 Uniform Post-Conviction Relief 6.24 Habeas Corpus 6.25 Unlawful Detainer 6.26 Change of Venue in Civil Cases 6.27 Small Lawsuit Resolution Act 7.0 ESTATE PROCEEDINGS, TRUSTS, AND GUARDIANSHIP/CONSERVATORSHIP Under revision 8.0 SMALL CLAIMS 8.1 Filing the Claim 8.2 Venue 8.3 Filing the Answer 8.4 Counterclaims 8.5 Mediation 8.6 Attorneys 8.7 Witnesses 8.8 Disqualification 8.9 Dismissal for Inactivity or Lack of Service 8.10 Record 8.11 Costs on Appeal 8.12 Attorney Fees on Appeal or Post-Judgment Motions 8.13 Small Claims Procedures 8.14 Time Standards 8.15 The Hearing 8.16 Dismissal of Claim After Hearing 8.17 Entry of Judgment 8.18 Writs of Execution, Possession and Garnishment 8.19 Satisfaction of Judgment 8.20 Filing an Appeal in a Small Claims Action 8.21 The Hearing 8.22 Dismissal of Claim After Hearing 8.23 Entry of Judgment 8.24 Writ of Execution, Possession and Garnishment 8.25 Forms and Information 9.0 DOMESTIC RELATIONS 9.1 Overview 9.2 Divorce 9.3 Mediation 9.4 Permission to Marry 9.5 Foreign Judgment 9.6 Uniform Child Custody Jurisdiction Enforcement Act 9.7 Family Court Services Evaluation 9.8 Petition for Sterilization 10.0 DOMESTIC VIOLENCE Under revision 11.0 FAMILY LAW LICENSE SUSPENSIONS 11.1 Purpose 12.0 JUVENILE CORRECTIONS ACT 12.1 Introduction 12.2 Unique Terminology-Juvenile Case Processing 12.3 Filing a Petition 12.4 Curfew Violations 12.5 Detention Hearing 12.6 Setting the Admit/Deny Hearing 12.7 Hearing to Admit or Deny 12.8 Evidentiary Hearing (Trial)/Disposition (Sentencing) 12.9 Transfer of Case to Home County for Disposition (Sentencing) 12.10 Transfer of Jurisdiction (I.C. § 20-508) (I.J.R. 26) 12.11 Juvenile Case Expanded into a CPA Case 12.12 Violation of Informal Adjustment or Probation 12.13 Priority of Payments 12.14 Confidentiality of Juvenile Records 12.15 Juvenile Sex Offender Registration 13.0 CHILD PROTECTIVE ACT PROCEEDINGS Under revision 14.0 ADOPTIONS AND TERMINATIONS OF PARENTAL RIGHTS Under revision 15.0 JUDICIAL CONSENT FOR ABORTIONS UPON MINORS 15.1 Procedures 15.2 Appeal 15.3 Statistical Reporting 16.0 HOSPITALIZATION OF MENTALLY ILL 16.1 Purpose 16.2 Confidentiality 16.3 Frequently Used Terms 16.4 Types of Commitment Proceedings 16.5 Initial Detention without Application/Petition or Hearing – I.C. § 66-326 16.6 Commitment Proceedings with Petition/Application – I.C. § 66-329 16.7 Re-Hospitalization of Conditionally Released Patients 16.8 Outpatient Commitment Proceeding 17.0 JURY COMMISSION RESPONSIBILITIES 17.1 Purpose 17.2 Procedures 17.3 Jury Trial Procedural Checklist 18.0 APPEALS 18.1 Nature of Judicial Review 18.2 Time Limits for Filing an Appeal (IRCP 83(e); ICR 54.3) 18.3 Summary of Time Periods Regarding Appeals (IRCP 83 and ICR 54.6) 18.4 Transcript of Trial Court (IRCP 83(j); ICR 54.6) 18.5 Clerks Record (IRCP 83(n); ICR 54.8) 18.6 Augmentation of Record (IRCP 83(q); ICR 54.11; IAR 30) 18.7 After Determination of Appeal (IRCP 83(n); ICR 54.8) 18.8 Judicial Review of Agency Actions by the District Court (Appeals Involving Administrative Agencies) (IRCP 84) 18.9 Appeals to the Supreme Court 18.10 Filing an Appeal 18.11 The Clerk’s Record 18.12 Certificates 18.13 Service of Notice 18.14 Step by Step Checklist on Preparing a Clerk’s Record 18.15 Augmentation of the Record or Transcript 18.16 Contact Names and Addresses 18.17 Forms 19.0 ISTARS (Idaho Statewide Trial Court Automated Records System) 19.1 Overview 19.2 ISTARS Reports 19.3 ISTARS Maintenance Tables 19.4 The ISTARS “Help Topics” 19.5 The Idaho Supreme Court Data Repository 20.0 PROVIDING SERVICE TO THE PUBLIC 20.1 Purpose 20.2 Responsibilities of Clerks and Court Assistance Officers When Providing Service to the Public 20.3 Tips for Providing Better Service 20.4 What Information a Clerk or Court Assistance Officer Can and Can Not Provide 20.5 Summary 21.0 THE COURT ASSISTANCE OFFICES 21.1 Introduction 21.2 Project Director 21.3 Service Provided at the Court Assistance Offices 21.4 Encourage Use of an Attorney 21.5 Form Packets Available 21.6 Pamphlets and Brochures 21.7 Record-Keeping 22.0 WORKING WITH COURT INTERPRETERS 22.1 Statement of Policy 22.2 Priority of Appointment for Interpreters 22.3 Interpreter Oath 22.4 Cost of Interpreter Services 22.5 Locating Court Interpreters for Languages Other than Spanish 23.0 ACCESS TO COURT RECORDS 23.1 Overview 23.2 Requesting Access to Court Records 23.3 Other Access Related Issues 23.4 Court Records 23.5 Custodians and Custodian Judges of Court Records 23.6 Media Requests for Court Records and Access to Court Proceedings 24.0 DESTRUCTION OF COURT RECORDS 24.1 Applicable Rules 24.2 Identifying Records for Destruction 24.3 Notice to Historical Society 25.0 CASE FILE FOLDER 26.0 COURTROOM SUPPLIES AND EQUIPMENT 27.0 TRIAL PROCEDURES AND COURT MINUTES 27.1 Purpose 27.2 Form and Content 27.3 Specific Court Proceedings 27.4 Items Requiring Special Attention 27.5 Summary 27.6 Attestation 28.0 FORM OF PLEADINGS AND FILING REQUIREMENTS OF COURT 28.1 Filing Requirement of Court Document 28.2 Filing with the Court 28.3 Apostille 29.0 COLLECTIONS 30.0 PROFESSIONAL ETHICS 30.1 Introduction 30.2 Core Ethical Concepts for Court Staff 30.3 A Model Code of Conduct for Court Staff in Idaho 30.4 Code of Conduct, Rule of Law 31.0 MISCELLANEOUS 31.1 Limited Admission/Pro Hac Vice 31.2 Coroner’s Inquest/Jury 32.0 ACRONYMS 33.0 GLOSSARY OF LEGAL TERMS MODIFIED AND SUPPLEMENTED FOR USE IN IDAHO Appendices Appendix A CLERK OF THE DISTRICT COURT MANUAL 1.0 OVERVIEW OF THE IDAHO COURT SYSTEM ORIENTATION FOR NEW CLERKS AND DEPUTY CLERKS Revised October 2006 Welcome to the Idaho court system! We hope you will find your employment challenging and rewarding. This orientation program is only a first step in what we hope will be a journey of learning about the courts and the public we serve. 1.1 PURPOSE To provide an orientation program for newly appointed or elected Clerks of the District Court and Deputy Clerks on their court-related duties and responsibilities. This program involves the assignment of an experienced Clerk of the District Court or Deputy Clerk to welcome and assist each new clerk in meeting the challenges and responsibilities of his or her new court position. 1.2 OVERVIEW OF ORIENTATION PROCESS 1.
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