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2014 CUMULATIVE POCKET SUPPLEMENT roAHO CODE Compiled Under the Supervision ofthe Idaho Code Commission DANIEL BOWEN R. JEREMY PISCA ANDREW P DOMAN P. COMMISSIONERS TITLES 1-6 Place this supplement in the pocket ofthe corresponding volume ofthe set MICHIE 701 East Water Street Charlottesville, VA 22902 www.lexisnexis.com Customer Service: 1-800-833-9844 LexisNexis and the Knowledge Burst logo are registered trade- marks, and MICHIE is a trademark of Reed Elsevier Properties Inc., usedunderlicense. MatthewBenderis aregisteredtrademark ofMatthew Bender Properties Inc. © 2014 State ofIdaho All rights reserved. 5058213 ISBN 978-0-672-83888-0 (Set) ISBN 978-1-4224-3387-4 (Pub.42205) PUBLISHER'S NOTE Amendments to laws and new laws enacted since the publication ofthe bound volume down to and including the 2014 regular session are compiled in this supplement and will be found under their appropriate section numbers. This publication contains annotations taken from decisions ofthe Idaho Supreme Court andthe Court ofAppeals andthe appropriatefederal courts. These cases will be printed in the following reports: Idaho Reports Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Reporter, 3rd Series United States Supreme Court Reports, Lawyers' Edition, 2nd Series Title and chapter analyses, in these supplements, carry only laws that have been amended or new laws. Old sections that have nothing but annotations are not included in the analyses. Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code. Idaho R. Civ. P. Idaho Rules ofCivil Procedure Idaho Evidence Rule Idaho Rules ofEvidence Idaho R. Crim. P. Idaho Criminal Rules Idaho Misdemeanor Crim. Rule Misdemeanor Criminal Rules I.I.R. Idaho Infraction Rules I.J.R. Idaho Juvenile Rules I.C.A.R. Idaho CourtAdministrative Rules Idaho App. R. Idaho Appellate Rules If you have any questions or suggestions concerning the Idaho Code, please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280, or email us at [email protected]. Visit our website at http.7/www.lexisnexis.com for an online bookstore, technical support, customer service, and other company information. LexisNexis Attn: Customer Service 1275 Broadway NY Albany, 12204-2694 ALWAYS CONSULT THE LATEST SUPPLEMENT IN CONNECTION WITH THE PERMANENTVOLUME iii Digitized by the Internet Archive 2014 in https://archive.org/details/govlawidcodecums162014 USER'S GUIDE To assist the legal profession and the layperson in obtaining the maxi- mum benefit from the Idaho Code, a User's Guide has been included in the first, bound volume ofthis set. V ADJOURNMENT DATES OF SESSIONS OF LEGISLATURE Year Adjournment Date 2011 April 7, 2011 2012 March 29, 2012 2013 April, 4, 2013 2014 March 20, 2014 vii TITLE 1 COURTS AND COURT OFFICIALS CHAPTER. chapter. — 2. Supreme Court, § 1-201. §§ 1-2001, l-2001b 1-2004B, 1-2008, 5. Supreme Court Reporter,—§ 1-505. 1-2009, 1-2010, 1-2012. 6. Other Court Officers Coordinator of 21. JuDicLy. Council, § 1-2102. Courts, § 1-612. 22. MagistrateDivisionoftheDistrictCourt, 7. District Courts, § 1-703. § 1-2222. 8. Judicial Districts, §§ 1-804, 1-805, 1-808. 23. Small Claims Department of the Magis- 16. Miscellaneous Provisions, § 1-1623. trate Division, §§ 1-2303, 1-2311. 20. Judges' Retirement and Compensation, 24. Court ofAppeals, §§ 1-2404, 1-2408. CHAPTER 2 SUPREME COURT section. 1-201. Constitution ofcourt. — 1-201. Constitution ofcourt. The supreme court consists offive (5) justices, a majority of whom shall be necessary to make a quorum or pronounce a decision. Thejustices ofthe supreme court shall be elected by the electors ofthe state at large. The terms ofoffice ofsaidjustices shall be six (6) years. The chiefjustice shall receive an annual salary in an amount of two thousand dollars ($2,000) greater than the annual salary of the justices ofthe supreme courtto compensate forthe additional constitutional and statutory duties ofthe office. History. § 1-201; am. 1985, ch. 29, § 1, p. 52; am. R.C., § 3814; reen. C.L., § 3814; C.S., 2014, ch. 291, § 1, p. 734. § 6442; am. 1921, ch. 29, § 1, p. 37; I.C.A., STATUTORYNOTES Amendments. thousandfivehundreddollars($1,500)"inthe The 2014 amendment, by ch. 291, substi- last sentence in the section, tuted"twothousanddollars($2,000)"for"one 1-203. Originaljurisdiction. JUDICIAL DECISIONS Citedin:Leavittv. Craven, 154Idaho661, 302 P.3d 1 (2012). CHAPTER 5 SUPREME COURT REPORTER SECTION. 1-505. Distribution ofreports. 1 1-505 COURTSAND COURT OFFICIALS 2 — 1-505. Distribution ofreports. The reporter shall have no pecuni- ary interest in the reports. The decisions ofthe said supreme court shall be prepared for publication, bythe reporter, as rapidly as possible, and as soon as a sufficient number of decisions are prepared to fill a volume, such a volume shall be printed, and as many copies thereof as directed by the administrative director of the courts, shall be delivered to the state law librarian, who shall distribute them as follows: to the librarian ofcongress, three (3) copies; to the Idaho state law library, five (5) copies; to the university of Idaho, general library, two (2) copies; to the Idaho state universitylibrary, one (1) copy; toBoise state universitylibrary, one (1) copy; to the college of law of the university of Idaho, twelve (12) copies; to the Lewis-Clark state college, one (1) copy; to the library at the state peniten- tiary, one (1) copy; to each county prosecuting attorney, one (1) copy; to each magistrate, one (1) copy; to each districtjudge, one (1) copy; to eachjustice ofthe supreme court, one (1) copy; to the clerk ofthe supreme court, one (1) copy; to the attorney general, five (5) copies; one (1) copy to the department oflands ofIdaho; one (1) copytothe publicutilities commissionofIdaho; one (1) copy to the industrial commission; one (1) copy to the division ofpublic works; one (1) copy to the department of insurance; one (1) copy to the judiciary committee ofthe senate during sessions ofthe legislature; one (1) copy to the judiciary committee of the house of representatives during sessions ofthe legislature; to each state and territory in the United States sending to this state copies ofits printed court reports, one (1) copy for the use of the state library or law library thereof; to each foreign state or country, sendingtothis state copies ofits printed courtreports, one (1) copy; to the governor, secretary of state, state treasurer, state controller, super- intendent ofpublic instruction, each one (1) copy; and to other officers and institutions as directed by the administrative director of the courts; provided, that each public officer receiving a copy ofany volume or volumes of said reports under the provisions ofthis section, shall take good care ofthe same, and shalluponretiringfromoffice, turnthe sameovertohis successor in office, provided further, that copies ofany volume ofsuch reports may be again issued to any of said officers, institutions, states or territories upon good and sufficientproofofloss ofthecopies soughttobereplaced, presented to the administrative director ofthe courts, who may direct the librarian to furnish another copy ofthe volume so lost, in place thereof. Any ofthe said officers, institutions, states or territories may inform the administrative director that they do not wish to receive these volumes or wish to receive a lesser number of volumes than specified in this section. The state law librarian shall then cease distributing volumes to those recipients who no longer wish to receive them, and shall distribute the number of volumes requestedtothoserecipientswhowishtoreceive alessernumberofvolumes than specifiedinthis section. Recipients mayalsoinformthe administrative director that they wish to resume receiving the volumes, or wish to resume receiving the full number ofvolumes specified in this section, and the state lawlibrarian shall then distributetothoserecipients thevolumes published thereafter in the number specified in this section.