2005 Idaho Code - 7-1506 — EVALUATOR AUTHORITY -- PROCEDURES RELATING TO SERVICE, FILING AND COMPUTATION OF TIME

                                   TITLE  7
                             SPECIAL PROCEEDINGS
                                  CHAPTER 15
                         SMALL LAWSUIT RESOLUTION ACT
    7-1506.  EVALUATOR AUTHORITY -- PROCEDURES RELATING TO SERVICE, FILING AND
COMPUTATION OF TIME. (1) Solely for the purpose of an evaluation, an evaluator
has the authority to:
    (a)  Decide  procedural  issues and deadlines relating to the conduct of
    the evaluation, including discovery disputes, arising  before  or during
    the evaluation process except issues relating to the qualification of the
    evaluator, which shall be decided by the trial court.
    (b)  Invite, with reasonable notice, the parties to submit preevaluation
    briefs;
    (c)  Examine any site or object relevant to the case;
    (d)  Administer oaths and affirmations to witnesses for the purposes of
    the evaluation;
    (e)  Rule on the admissibility of evidence;
    (f)  Determine the facts, decide the law, and issue a written evaluation
    decision; and
    (g)  Take such other acts as are necessary to accomplish the object of a
    fair, swift, and cost-effective determination of the case.
    (2)  An evaluator shall not decide motions to dismiss, motions to add or
change parties in the case, or motions for summary judgment. Any such motion
shall be presented to the trial court for determination.
    (3)  After the case is assigned to the evaluator, service  shall  be  made
consistent with rule 5 of the Idaho rules of civil procedure, except that
documents used in the evaluation shall be filed with the evaluator instead of
the court.
    (4)  Time shall be computed pursuant to the Idaho rules of civil
procedure.
    (5)  Except for the authority expressly given to an evaluator by this
chapter, all issues shall be determined by the court.