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IDAHO COURT RULES 2012 GLUME 2 IDAHO CRIMINAL RULES MISDEMEANOR CRIMINAL RULES IDAHO INFRACTION RULES DAHO JUVENILE RULES I COURT ADMINISTRATIVE RULES )/ ! I ! )AH0 RULES OF PROFESSIONAL CONDUCT )AHO APPELLATE RULES 1 1 FEDERAL RULES IDAHO CODE IDAHO COURT RULES VOLUME 2 Compiled Under the Supervision ofthe Idaho Code Commission RICHARD R GOODSON R. DANIEL BOWEN JEREMY P. PISCA COMMISSIONERS MAX M. SHEILS, JR. EXECUTIVE SECRETARY MICHIE 701 E. Water St., Charlottesville, VA 22902 www.lexisnexis.com Customer Service: 1-800-833-9844 LexisNexis and the Knowledge Burst logo are registered trademarks, and MICHIE is a trademark of Reed Elsevier Properties Inc., used under license. Matthew Bender is a registered trademark ofMatthew Bender Properties Inc. © 2012 State ofIdaho All rights reserved. 4231429 ISBN 978-0-7698-5093-1 (Set) (Pub.42205) PUBLISHER'S NOTE The 2012 edition ofthe Idaho Court Rules is in two volumes. Volume 1 contains the Idaho Rules of Civil Procedure and the Idaho Rules of Evidence. Volume 2 contains the Idaho Criminal Rules, Misdemeanor Criminal Rules, Idaho Infraction Rules, Idaho Juvenile Rules, Idaho Court Administrative Rules, Idaho Rules ofProfessional Conduct, IdahoAppellate Rules and selected federal rules affecting Idaho. These volumes replace the Idaho Code, 2011 Idaho Court Rules volumes. Theycontainthe IdahoCourtRules,whichcomprisetheIdaho Rules ofCivil Procedure (I.R.C.P.), the Idaho Rules ofEvidence (I.R.E.), the Idaho Crim- inal Rules (I.C.R.), the Misdemeanor Criminal Rules (M.C.R.), Idaho Infrac- tion Rules (I.I.R.), IdahoJuvenile Rules (I.J.R.), Idaho CourtAdministrative Rules (I.C.A.R.), Idaho Rules of Professional Conduct (I.R.P.C.), and the Idaho Appellate Rules (I.A.R.). These rules have been adopted by the Supreme Court of Idaho with the purpose of simplifying and expediting court procedures. In addition, these volumes contain the Rules for the United States Court of Appeals, Ninth Circuit, the Local Rules for the United States District Court, District ofIdaho and the Local Rules for the United States Bankruptcy Court for the District ofIdaho. The Idaho Rules ofCivil Procedure, as originally adopted bythe Supreme Court following a study by a committee appointed by the State Bar Commission, became effective November 1, 1958, but were amended by the court effective January 1, 1975, in accordance with Rule 86. These rules follow the Federal Rules of Civil Procedure insofar as practicable but contain modifications adopted state practice. In some instances new rules were written in order to clarify or preserve certain useful sections of the Idaho Code. The Idaho Rules of Evidence became effective July 1, 1985; the Idaho Criminal Rules and the Misdemeanor Court Rules became effective July 1, 1980; the Idaho Infraction Rules became effective July 1, 1983; the Idaho Juvenile Rules became effective July 1, 1996; the Idaho CourtAdministra- tive Rules became effective July 1, 1980; the Idaho Rules of Professional Conduct became effective November 1, 1986, and the IdahoAppellate Rules became effective July 1, 1977. The rules contained in these volumes are accompanied by a variety of notes designed to present the user of the rules volume with relevant information concerning the rule. These include compiler's notes, cross- references and annotations in which the rule itself or a similar rule or statute has been applied by the state or federal courts. This publication contains annotations taken from decisions ofthe Idaho Supreme and the Court of Appeals, and the appropriate federal courts, posted on lexis.com. These cases will be printed in the following reports: Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Reporter, 3rd Series iii PUBLISHER'S NOTE United States Supreme Court Reports, Lawyers' Edition, 2nd Series Ifyouhave anyquestions orsuggestionconcerningthe Idaho CourtRules, 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://www.lexisnexis.com for an online bookstore, technical support, customer service, and other company information. LexisNexis Attn: Customer Service 1275 Broadway Albany, NY 12204-2694 IV USER'S GUIDE In order to assist both the legal profession and the layman in obtaining the maximum benefit from the Idaho Code, a User's Guide has been included in the firstvolume ofthe Code. This guide contains comments and information on the many features found within the Idaho Code intended to increase the usefulness ofthis set oflaws to the user. Digitized by the Internet Archive 2013 in http://archive.org/details/govlawidcourt201202 TABLE OF CONTENTS State Rules Volume 1 Rules Page Idaho Rules ofCivil Procedure Index Idaho Rules ofEvidence Index Volume 2 Idaho Criminal Rules 1 Index 265 Misdemeanor Criminal Rules 277 Index 345 Idaho Infraction Rules 349 Index 379 Idaho Juvenile Rules 383 Index 459 Idaho CourtAdministrative Rules 465 Index 531 Idaho Rules ofProfessional Conduct 537 Index 621 Idaho Appellate Rules 625 Index 817 Federal Rules Local Rules ofProcedure ofthe United States District Court for the District ofIdaho 825 Civil Rules and General Provisions 826 Criminal Rules 879 Local Patent Rules 889 Appendices I-IV 901 Index 907 Local Bankruptcy Rules of Procedure for the United States Bank- ruptcy Court for the District ofIdaho 915 Appendices I-III 970 Index 981 vn TABLE OF CONTENTS Rules ofthe United States Court ofAppeals for the Ninth Circuit... 989 Appendix ofForms 1067 Index 1089 United States Court ofAppeals for the Ninth Circuit Revised Provi- sions for the Representation on Appeal of Persons Finan- cially Unable to Obtain Representation 1101 Rules for Judicial-Conduct and Judicial-Disability Proceedings 1103 Index 1143 — Judicial Council ofthe Ninth Circuit Amended Order Establishing and Continuing the Bankruptcy Appellate Panel of the Ninth Circuit 1149 Index 1153 Rules ofthe United States BankruptcyAppellate Panel ofthe Ninth Circuit 1155 Index 1167 Vlll