Administrative Order 91-13: Amendment of the District Court Rules

Whereas the Court having determined that it would be advisable and would promote efficiency to change the manner in which District Court civil cases are set for trial and to have name changes heard in the magistrates division,

It is hereby ordered that the District Court Rules of the Third Judicial District, as they appear in the Idaho State Bar Desk Book, are amended by amending District Court Rule 2 and Magistrate Court Rule 5(A)(b) to read as follows:

District Court Rule 2. Civil Trial Settings. District Court civil cases will be set as follows: A party desiring to have a cause placed on the trial calendar and set for trial and/or pretrial shall file with the Clerk of the Court in which the cause is pending and serve on adverse counsel and the Administrative Judge in chambers in Caldwell, Idaho, either personally or by mail, a request for trial and/or pretrial setting. If adverse counsel concurs with the statements contained in said request, no further action need be taken and the case will be considered for setting by the Court as requested. In the event adverse counsel does not concur in the statements contained in said request or desires to advise the Court of unavailable trial and/or pretrial dates, said adverse counsel shall, within 5 days of the service of the request upon them, file with the Clerk and serve upon requesting counsel and the Administrative Judge at chambers in Caldwell, Canyon County, Idaho a response to request for trial and/or pretrial. Convenience of counsel will not be considered by the Court in setting of cases if the data concerning availability of trial dates is not furnished. If all pertinent data called for is not furnished, the request and/or response will not be considered by the Court. Cases shall be set for trial in chronological order according to date of mailing or delivery of the copy of the request to the Court. A stipulation of counsel for all parties, containing all pertinent information required may be filed and served in lieu of said request and response.

Magistrate Court Rule 5(A) All Lawyer Magistrates are hereby assigned the additional jurisdiction as permitted by Rule 82(c), Idaho Rules of Civil Procedure as follows:

(b) All adoption proceedings pursuant to Chapter 15, Title 16, Idaho Code, all termination of parent-child relationships pursuant to Chapter 20, Title 16, Idaho Code, and all actions for change of name.

Dated this 28th day of October, 1991.

Signed by Jim R. Doolittle, Administrative District Judge; Dennis E. Goff, District Judge; Wayne P. Fuller, District Judge; and Gerald L. Weston, District Judge

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