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U.S. DISTRICT COURT

District of Idaho

Chief Judge B. Lynn Winmill

Public 1
U.S. Courts District of Idaho Seal
For Attorneys
Filing a New Case

Filing Overview

 

Pursuant to General Order 247, the District of Idaho requires the filing of documents in ECF including the filing of Civil Complaints and Removals.

Filing a Civil Case

Filing a Civil Case

You will need the following to file a civil case in the District of Idaho:

The standard Summons shall be prepared for a civil proceeding and electronically filed as an attachment to the Complaint.  The Clerk will issue the Summons and email them to the submitting party.

If you are unable to submit your Summons at the time of filing, you may submit your Summons by emailing the docket clerks.  We recommend you email all four (4) of the docket clerks to ensure a timely response in the event the docket clerk for your case is unavailable.

Filing a Petition for Removal

Filing a Petition for Removal

You will need the following to file a petition for removal case in the District of Idaho:

  • Civil Cover Sheet (JS 44)
  • Petition for Removal (Notice of Removal)
  • Filing Fee:You will be prompted during filing the petition to enter a credit card number for the fee payment.
  • State Court documents (Complaint, state court docket, service documents, answers, pending motions)

Note:  To file the Petition, under the Complaints and Other Initiating Documents menu, you will select the Notice of Removal option. 

When entering parties, you will also add counsel for all parties who have appeared in the State Court case (both Pla and Dft).

The State Court documents should be attachments to the Petition for Removal.  Each one should be a separate attachment.

Example:

Your Main Document will be the Petition for Removal.  State Court documents should be attached as: 

  • Attachment 1) Complaint
  • Attachment 2) State Court Docket
  • Attachment 3) Service Documents
  • Attachment 4) Any answers
  • Attachment 5) Pending Motions
Filing a Petition for Review (Social Security)

Filing a Petition for Review (Social Security)

You will need the following to file a petition for review case in the District of Idaho:

  • Civil Cover Sheet (JS 44)
  • Petition for Review
  • Filing Fee:  You will be prompted during filing the petition to enter a credit card number for the fee payment.
  • Summons (AO 440)
  • Statement of Social Security Number form

Note:  To file the Petition, under the Complaints and Other Initiating Documents menu, you will select the Petition for Review option.

The standard Summons shall be prepared for a civil proceeding and electronically filed as an attachment to the Complaint.  The Clerk will issue the Summons and email them to the submitting party.

Filing a Sealed Case

Filing a Sealed Case

 

Outside parties do not have access to file a sealed case, therefore, the Clerk's Office will open the case for you.  You should send your documents to the *docket clerks.  You are encouraged to also call the Clerk's Office and inform them of your pending case filing.  This will alert them that your case is ready for processing.

You will need the following to file a case:

The standard Summons shall be prepared for a civil proceeding and electronically filed as an attachment to the Complaint.  The Clerk will issue the Summons and email them to the submitting party.

A motion to file case as sealed shall be filed.  A proposed order shall be submitted to the presiding judge.

The filing fee can be paid by either sending a check or money order via U.S. Postal Service, or in person at any of our Intake counters.

The filing attorney will be notified via email by the docket clerk when the case is opened and assigned a case number and judge.

As long as the case remains sealed, all filings should be sent to the *docket clerk for entry onto the docket.  You are required to serve pleadings on all parties as the ECF system will not send a Notice of Electronic Filing (NEF) out on sealed cases.

Unsealing the case: 

  • A Motion to Unseal should be emailed to the *docket clerk for the case for them to enter onto the docket.
  • A proposed order shall be sent to the appropriate judges proposed order box.

* We highly recommend sending these documents to all four docket clerks to ensure prompt attention.

Filing an Ex Rel or Qui Tam Action

Filing an Ex Rel or Qui Tam Action

Ex Rel Action:

To open an Ex Rel action, follow the instructions under Filing a Civil Case.

Enter "US ex rel" in the party text field for plaintiff.

Qui Tam Action:

To open a Qui Tam case, an action filed under the False Claims Act, by law must be filed under seal, follow the instructions under Filing a Sealed Case.

Filing an Action Under Idaho Code 6-610(2)

Filing an Action Under Idaho Code 6-610(2)

To file an Action under Idaho Code 610(2), a Motion to Waive or Set Bond Amount should be filed before the Complaint.  The filing party will need the following:

A Civil Case should be opened, the parties and case information shall be entered into ECF.

Instead of filing the Complaint next, the Motion to Waive or Set Bond Amount should be filed.  The Complaint, Cover Sheet and Summons shall be attachments to the Motion.

When the Motion is ruled upon, the order will direct the plaintiff to file the Complaint and/or Bond. 

District County Assignments

District County Assignments

Updated on Feb 18, 2016

Southern Division (Boise):
Ada, Adams, Blaine, Boise, Camas, Canyon, Elmore, Gem, Gooding, Jerome, Lincoln, Owyhee, Payette, Twin Falls, Valley, Washington

Northern Division (Coeur d'Alene):
Benewah, Bonner, Boundary, Clearwater*, Idaho*, Kootenai, Latah*, Lewis*, Nez Perce*, Shoshone

*Central Division (Moscow)

Eastern Division (Pocatello):
Bannock, Bear Lake, Bingham, Bonneville, Butte, Caribou, Cassia, Clark, Custer, Franklin, Fremont, Jefferson, Lemhi, Madison, Minidoka, Oneida, Power, Teton.

 

Selecting the Correct Office

When opening a new civil case, the first step is to select the correct divisional office.

For a Complaint, the office is determined by:

1)  the county of the defendant, or

2)  if the defendant is out-of-state, the county of the plaintiff, or

3)  if neither 1 or 2 apply, the county in which the incident occurred occasioning the law suit.

 

In a Notice of Removal, you must select the divisional office where the court for the original case is located.

You may check the map of offices and divisions to verify your selection.

Reference:  28 USC § 1391

Docket Clerks

Docket Clerks

Docket clerks are assigned cases by the terminal end digit of the case number.  See the chart below to find the docket clerk for a case.  You are, however, welcome to call any of the docket clerks with your filing questions.

Docket Clerk Civil & Criminal Case Assignment

Updated on Oct 31, 2017
Name Civil Digits Criminal Digits Other Duties Assigned Phone Number
Carrie Smith 1,2,3,4 1,2,3,4 Stats, Intake, Mail

 

(208) 334-9397

Sunny Trumbull 6,8,9,0 6,8,9,0 Interpreter Coordinator, CVB's
Dictionary, Intake, Mail
(208) 334-9095

Jill Palkoner,
Operations Analyst

5,7 5,7

 

Ops Analyst Assignments,
Dictionary, CJA Administrator,
Stats, Intake, Mail

(208) 334-1992

Kelly Montgomery,
Operations Analyst

6 (shared) 6 (shared)

 

Ops Analyst Assignments,
CJA Administrator,
Stats, Intake, Mail, CRD backup

(208) 334-9028
Wendy Messuri Supervisor     (208) 334-9327
         

 



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