PART 1. CIVIL RULES AND
Section X. District Courts and Clerks
HOURS OF THE COURT
(a) Location and Hours. The office of
the Clerk of Court shall be at the United States Courthouse, 550
West Fort Street MSC 039, Room 400, Boise, Idaho 83724. The
regular hours shall be from 8 a.m. to 5 p.m. each day except
Saturday, Sunday, and legal holidays or other days so ordered by
the court. Divisional offices are located at: 220 E. 5th St,
Moscow, Idaho 83843; 250 S. 4th Ave. Pocatello, Idaho 83201; and
205 N. 4th, 2nd Floor, Coeur d'Alene, Idaho 83814.
(b) 24 Hour Filing Box. Filings may be
made before and after regular office hours or on Saturdays,
Sundays, and legal holidays by using the 24 hour filing box
located outside the entrance to the Federal Building at each
location. Documents with cash must be filed at the Clerk's
Fed. R. Civ. P. 77(c)
ORDERS AND JUDGMENTS
GRANTABLE BY THE CLERK OF COURT
Orders Grantable by Clerk. The Clerk is
authorized to sign and enter orders specifically allowed to be
signed by the clerk under the Federal Rules of Civil Procedure
and is authorized to sign and enter the following orders without
further direction of a judge:
(a) Orders specifically appointing persons to
serve process or for service of process by publication in
accordance with Fed. R. Civ. P. 4;
(b) Orders by stipulation noting satisfaction
of a judgment, providing for the payment of money, withdrawing
stipulations, annulling bonds, exonerating sureties or setting
aside a default;
( c) Order of dismissal by stipulation, with or
without prejudice, except in cases to which Rules 23, 23.1, or 66 of Fed. R. Civ. P. apply;
(d) Orders entering default for failure to
plead or otherwise defend in accordance with Fed. R. Civ. P. 55;
(e) Any other orders which pursuant to Fed. R. Civ. P. 77(c) do not
require direction by the court;
(f) Orders for extension of time may be entered
by the clerk upon stipulation of all parties. An ex parte
motion for extension of time not to exceed fifteen (15) days may
be granted once, at the discretion of the clerk, if accompanied
by a statement showing specific reasons for the extension of time
and that opposing counsel has been contacted and does not object.
Any opposing party may move to have the extension of time set
aside. Orders for extension of time shall be limited to:
(1) Motion to dismiss or answer to
(2) Answer or objection to interrogatories
under Fed. R. Civ. P.31 and 33;
(3) Response to requests for production or
for inspection under Fed. R. Civ. P. 34; and
(4) Response to requests for admissions
under Fed. R. Civ. P. 36.
(g) Orders granting application by attorneys to
proceed pro hac vice pursuant to Rule 83.5.
Fed. R. Civ. P. 77(c)
SESSIONS OF THE COURT
(a) This court shall be in continuous session
for transacting judicial business in Boise, Idaho, on all
business days throughout the year and shall hold sessions of
court in Coeur d'Alene, Moscow, and Pocatello, Idaho, at such
times as the judicial workload of this court may warrant.
(b) Any judge of this court may, in the
interest of justice or to further the efficient performance of
the business of the court, conduct proceedings at a special
session at any time, anywhere in the district, on request of a
party or otherwise.
28 U.S.C. §§ 138-139, 28 U.S.C. § 141
Fed. R. Civ. P. 77
The Ninth Circuit law library is located on the
sixth floor of the Federal Building and United States Courthouse
in Boise, Idaho. The library is for the primary use of judges and
personnel of the federal court. .
In addition, attorneys admitted to practice in
this court may use the library when circumstances require. The
library is operated in accordance with such rules and regulations
as the court may from time to time adopt.
COMMUNICATION WITH JUDGES
Attorneys or parties to any action or
proceeding should refrain from writing letters to the judge, or
otherwise communicating with the judge unless opposing counsel is
present. All matters to be called to a judge's attention should
be formally submitted as hereinafter provided.
CUSTODY OF FILES AND EXHIBITS
(a) Files. All files of the court shall
remain in the custody of the clerk and no court pleadings,
documents, exhibits, etc, shall be taken from the custody of the
clerk without a special order of a judge and a proper receipt
signed by the person obtaining the pleading or court document.
Orders shall be granted only in extraordinary circumstances.
(b) Exhibits and Transcripts.
(1) The exhibits offered or admitted at
trial shall be retained by the Clerk until the time for
appeal has expired. After the time for appeal has elapsed,
normally thirty (30) days, the exhibits shall be returned to
the party or attorney offering the exhibit.
(2) In the event an appeal is prosecuted by
any party, the Ninth Circuit will specifically request
exhibits it believes are relevant.
(3) If any party, having received notice
from the clerk concerning the removal of appellate exhibits,
fails to do so within thirty (30) days from the date of such
notice, the clerk may destroy or otherwise dispose of those
REMOVAL ACTIONS -- STATE
This rule applies to civil actions removed to
the United States District Court for the District of Idaho from
the state courts and governs procedure after removal. The
removing party shall file a complete copy of the state court
record and a copy of the docket sheet at the time of removal.
Such state court record shall be filed with a supplemental civil
cover sheet for notices of removal as provided by the Clerk of
Court. (See D. Id. L. Civ. R. 5.1(d)(2))
Fed. R. Civ. P.81(c)