2005 Idaho Code - 7-1503 — ACTIONS TO WHICH THE IDAHO CIVIL EVALUATION OPTION APPLIES -- INITIATION OF PROCESS -- OPTION TO MEDIATE -- MOTIONS FOR REMOVAL FROM EVALUATION

                                   TITLE  7
                             SPECIAL PROCEEDINGS
                                  CHAPTER 15
                         SMALL LAWSUIT RESOLUTION ACT
    7-1503.  ACTIONS TO WHICH THE IDAHO CIVIL EVALUATION OPTION APPLIES --
INITIATION OF PROCESS -- OPTION TO MEDIATE -- MOTIONS FOR REMOVAL FROM
EVALUATION. (1) Civil actions in which the sole relief sought is a money
judgment in which the parties agree that the total claims for all damages
sought by a party do not exceed twenty-five thousand dollars ($25,000) shall
be subject to the provisions of this chapter. This chapter shall not apply to
appeals from the magistrates division, disputes subject to arbitration under
chapter 9, title 7, Idaho Code, proceedings in the small claims division of
the district court, cases seeking a punitive damages award, or cases in which
this chapter has been previously invoked.
    (2)  The provisions of this chapter may be initiated by any party by the
filing of a notice with the court. The notice shall be filed at least one
hundred fifty (150) days prior to a scheduled trial but, without the consent
of all parties, may not be filed within forty-five (45) days following the
service of a complaint. For actions pending in the magistrates division,
however, notice shall be filed at least one hundred (100) days prior to a
scheduled trial but, without consent of all the parties, may not be filed
within thirty (30) days following the service of a complaint. The trial court
shall retain jurisdiction over a case proceeding under this chapter and the
case shall remain on the court's active calendar.
    (3)  The parties shall confer after the filing of the notice to determine
if they wish to undertake evaluation or mediation. If they agree to mediate,
the parties may agree upon a mediator or utilize as mediator an individual
selected pursuant to the evaluator selection provisions of this chapter. If a
mediation has been conducted under this chapter, and the mediation has not
resulted in the settlement of all claims, within fourteen (14) days following
such mediation, the parties shall file a notice with the clerk of the court
that a mediation has been completed, that all claims have not been settled and
specifying the claims which remain.
    (4)  If the parties are not able to agree whether to undertake a mediation
or an evaluation under this chapter, a party has seven (7) days after the
filing of the notice of the initiation of the provisions of this chapter to
file a motion seeking the court to order which form of alternative dispute
resolution will be used. The moving party has a right to a hearing pursuant to
the Idaho rules of civil procedure. In making its determination on the motion,
the court shall consider, among other factors it deems relevant, the nature of
the claim(s) and the defense(s), the prior experience, if any, of the parties
or their counsel with mediation or evaluation, in this or other cases, the
potential likelihood that the facts alleged in a claim, if proven, will lead
to liability of one party to another, and the complexity of the case. If the
court does not determine that mediation is a preferable means of alternative
dispute resolution for the particular case, it shall order the parties to
conduct an evaluation under the provisions of this chapter. However, if the
court determines that neither mediation nor evaluation is appropriate in the
case, it may order that the case proceed to trial in accordance with the Idaho
rules of civil procedure.
    (5)  Any party may move the court for removal from the evaluation at any
stage for good cause including, but not limited to, a substantial change in
circumstances or a reasonable potential for the moving party to later seek
amendment to its pleadings to allow that party to pursue punitive damages,
making the evaluation option an inappropriate method to obtain resolution of
the particular dispute.