PART 1. CIVIL RULES AND GENERAL PROVISIONS

Section I. Scope of Rules - One Form of Action


RULE 1.1

SCOPE OF THE RULES

(a) Title and Citation. These rules shall be known as the Local Rules of Civil and Criminal Practice before the United States District Court for the District of Idaho. They may be cited as "D.Id.L. Civ R.____." or "D. Id. L. Crim. R.____"

(b) Effective Date. These rules became effective on June 1, 1991. Any amendments to these rules become effective on the date approved by the court.

(c) Scope of Rules. These rules shall apply in all proceedings in civil actions. Rules governing proceedings before magistrate judges are incorporated herein. These rules shall apply in bankruptcy cases and adversary proceedings except to the extent that there are otherwise applicable provisions of the Federal Rules of Bankruptcy procedure or the Local Bankruptcy Rules. Additionally, the general provisions of these rules apply to criminal proceedings as set forth in D. Id. L. Crim. R. 1.1

(d) Relationship to Prior Rules; Actions Pending on Effective Date. These rules supersede all previous rules promulgated by this court or any judge of this court. They shall govern all applicable proceedings brought in this court after they take effect. They also shall apply to all proceedings pending at the time they take effect, except to the extent that in the opinion of the court the application thereof would not be feasible or would work an injustice, in which event the former rules shall govern.

(e) Rule of Construction and Definitions.

(1) United States Code, Title 1, sections 1 to 5, shall, as far as applicable, govern the construction of these rules.

(2) The following definitions shall apply:

(A) "Court." As used in these rules, the term "court" refers to the United States District Court for the District of Idaho or to a judge or magistrate judge of the court before whom a proceeding is pending unless the rule expressly refers to a district judge only or to the full court.

(B) "Clerk." As used in these rules, the term "clerk" refers to the Clerk of Court or any deputy clerk designated by the Clerk of Court to act in the capacity of clerk.

 

Revised 8/1/97

RELATED AUTHORITY

NONE


RULE 1.2

AVAILABILITY OF THE LOCAL RULES

Copies of these rules, as amended and with any appendices attached hereto, are available from the clerk's office at no charge. These local rules are available either in hard copy or can be downloaded from the Court's Internet site at http://www.id.uscourts.gov by using any Internet browser. If you prefer, the Clerk's Office can provide a copy in Word Perfect (IBM) format if you supply a formatted 3.5" diskette with a self-addressed stamped mailer.

When amendments to these rules are made, notice of such amendments shall be provided in The Advocate or other periodicals published by the Idaho State Bar.

When amendments to these rules are proposed, notice of such proposals and of the ability of the public to comment shall be provided in The Advocate or other periodicals published by the Idaho State Bar and by posting on the clerk's office bulletin board in the Federal Buildings located in Boise, Pocatello, Moscow, and Coeur d'Alene.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 83


RULE 1.3

SANCTIONS

(a) The court may sanction for violation of any local rule governing the form of pleadings and other papers filed with the court only by the imposition of a fine against the attorney or a person proceeding pro se. Local rules governing the form of pleadings and other papers filed with the court include, but are not limited to, those local rules regulating the paper size, the number of copies filed with the court, and the requirement of a special designation in the caption.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 11, 16(f), 26(g), 37, 61

28 U.S.C. 1927