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IMAGE: "Sawtooth National Forest - Stanley, Idaho"

U.S. DISTRICT COURT

District of Idaho

Chief Judge B. Lynn Winmill

Public 1
U.S. Courts District of Idaho Seal
District Court General Information
FAQs
Frequently Asked Questions

Frequently Asked Questions

Questions:


What are the various court fees?

For District Court Fees, See the District Court Fees page for details.

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What are the Clerk's Office locations and hours?

See the Clerk's Office, Welcome page for details.

What is needed to file a civil complaint?

You will need the following to file a civil complaint:

(1) an original copy of the signed complaint

(2) a completed JS44 Civil Cover Sheet

(3) appropriate filing fee

What counties are included in each division for purposes of District Court case assignment, venue and petit jury service?

To find a list of county assignments for Idaho, click here: County Assignments

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I have a question regarding jury service

See the Jury page for information on jury service.

How do I know which judge is assigned to my case?

You can tell the assigned judge by the initials which appear at the end of the case number.

BLW Chief Judge Lynn B Winmill
DCN Judge David C Nye
EJL Sr. Judge Edward J Lodge
REB Chief Magistrate Judge Ronald E Bush
CWD Magistrate Judge Candy W Dale
MHW Magistrate Judge Mikel H Williams

 

When will a case go trial or when will a motion be set for a hearing?

These questions will be referred to the respective courtroom deputy for the judge assigned to the case.

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How do I find information on individual judges' chambers policies & procedures?

Each judge has a page that outlines their chambers policies & procedures.

What forms of payment are accepted?

The District of Idaho accepts cash, personal check, cashier's check or money order payable to the Clerk, US District Court.

We do not accept credit or debit cards or two party checks.  We do not accept personal checks for payment of bonds.

What if the case I am interested in has been archived?

Option 1:

To retrieve District Court files from the Regional Archives & Records Center in Seattle there is a retrieval fee per file.  The fee must be paid in advance and made payable to "Clerk, US District Court" by check or money order.  Please provide the Clerk's Office with the case number and case caption when presenting the retrieval payment.  The files are generally sent to the Clerk's Office within 5-7 days of receipt of the fee and are held for a prearranged time period.

Option 2:

To request photocopies of archived civil and criminal files directly from the Regional Archives & Records Center in Seattle you may contact the National Archives at Seattle.

More information on retrieving a case or documents from the Records Center.

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Where do I find the post judgment interest rates?

You can find the current post judgment interest rates here.

I have a judgment in another district and want to file the judgment in the District of Idaho.  What do I need?

A certified copy of the judgment from the originating District Court pursuant to 28 USC § 1963; and, the filing fee to register a foreign judgment made payable to "Clerk, US District Court".

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Subpoenas and depositions for out of town counsel.

Rule 45 was extensively amended in 1991, and again in 2013, to clarify the rule and resolve a conflict that arose after the 1991 amendment.

The subpoena must issue from the court where the action is pending. Disputes concerning compliance with the subpoena must be resolved by the court for the district where compliance is required. Alternatively, the court where compliance is required may transfer a subpoena-related motion to the court where the action is pending on consent of the person subject to the subpoena or in exceptional circumstances.

The specific place of compliance is dictated by new Rule 45(c). A subpoena may only require a person to attend trial, a hearing, or a deposition within 100 miles of the person’s residence, place of employment, or where the person regularly transacts business. If that person is a party, the person may be compelled to appear anywhere within the state where the person resides, transacts business, or is employed.

Rule 45 gives attorneys the authority to sign and issue subpoenas as officers of the Court, provided the attorney is authorized to practice in the issuing court. Parties who are not officers of the Court must have the Clerk's Office sign the subpoena for them.


Accordingly, when an out-of-state attorney wishes to take a foreign deposition in the District of Idaho, he/she should:

Properly complete the subpoena, Form AO88A, and (1) state the court from which it issued; (2) state the title of the action and its civil-action number; (3) tell each person to whom it is directed the time and place of the requested action; (4) set out the text of Rule 45(d) and (3); and (5) sign and issue the subpoena as an Officer of the Court.

Neither the subpoena nor proof of service is required to be filed with the Clerk unless there is a dispute or upon order of the Court. The proof of service should include (1) a statement of the date and manner of service, (2) names of the persons serviced, and (3) certification by the person who made service.

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Who can serve a subpoena?

 Pursuant to FRCP 45.(b)(1), any disinterested party over the age of 18 can serve a subpoena.

Who can serve a summons?

Pursuant to FRCP 4(c), any person who is not a party and who is over 18 years of age can serve a summons; The U.S. Marshal (1) in cases brought on behalf of the United States; (2) when ordered by the Court in forma pauperis actions, 28 USC § 1915; (3) in actions brought on behalf of seamen, 28 USC § 1916; and (4) in any other action in which the Court so directs;
Service may also be accomplished pursuant to the law of the state in which the district court is located.

What goes in a Bill of Costs and what are the procedures?

Items that are taxable as costs are in 28 USC § 1920 et seq.  Bills of Costs must be filed in accordance with Local Rule 54.1.  Bill of Costs form.

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What is needed to file a petition for removal?

(1) A copy of the entire state court record and the docket sheet must be provided at the time of filing the notice of removal.

(2) A Civil Cover Sheet for Notices of Removal: Attorneys are required to complete a civil cover sheet when a notice of removal is filed in the District of Idaho.  This form is used by the Clerk of Court to identify the status of all parties and attorneys. (Local Rule 5.2)

Note: The Plaintiff and Defendant maintain exactly the same status as when in the state court action (e.g., plaintiff is still the plaintiff and the defendant remains the defendant, they do not switch).

More information on how to file a Petition for Removal.

When and how can an amended complaint be filed in a petition for removal?

If no answer is filed, can be done as a matter of right before answer filed. If the answer is filed, can be done only with leave of court, or written consent of the adverse party. See FRCP 15(a).

How do I become a member of the Bar of this Court?

To become a member of the Bar of this Court, see the Bar Admissions page for details.

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What is the Pro Hac Vice fee?

See the District Filing Fees page.  You will find the application for Pro Hac Vice, on our Bar Admissions page.

How do I obtain information on Mediation and other Alternative Dispute Resolution (ADR) programs?

For information on Mediation and ADR programs, see the ADR page.

What are the Witness Fees for a Federal Subpoena?

The witness fee for Federal subpoenas is governed by and described in 28§USC 1821: Witness fees are $40.00 per day and $.0.575 per mile, round trip from the witness' residence to where they must appear.  The $40.00 is a "per diem" or daily fee.  Witnesses attending multiple days are entitled to the fee each day their appearance is required.

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