Idaho
Idaho Punitive Damages Laws: Cap, Proof and Pleading Rules (2026)
Independently fact-checked against primary sources (last audited October 19, 2026). · 17 primary sources cited on this page. How we verify our legal content
Idaho allows punitive damages under Idaho Code 6-1604 when a claimant proves, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the defendant. No judgment for punitive damages may exceed the greater of $250,000 or three times the compensatory damages in the judgment, and that section contains no exception to the limit.
Idaho also controls how the claim enters a case: a complaint may not include a prayer for punitive damages at all, and one can be added only by pretrial motion after a hearing. A few statutes for particular claims set their own rules, and the Idaho Supreme Court has held that punitive damages are available in wrongful death actions. For how other states compare, see punitive damages laws by state.
Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Idaho state law on punitive damages in civil cases: Idaho Code 6-1601 and 6-1604 and the other Idaho statutes and Idaho Supreme Court decisions named below. It does not cover the noneconomic damages limit in 6-1603 except as it relates to punitive damages (see Idaho medical malpractice law for health care claims), wrongful-death procedure, deadlines and beneficiaries (see Idaho wrongful death law), federal claims, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.
Does Idaho allow punitive damages?
Yes. Section 6-1604, titled "Limitation on punitive damages," governs "any action seeking recovery of punitive damages." It sets the standard and burden of proof, a pleading rule and a cap.
The chapter defines the term in 6-1601(9):
"'Punitive damages' means damages awarded to a claimant, over and above what will compensate the claimant for actual personal injury and property damage, to serve the public policies of punishing a defendant for outrageous conduct and of deterring future like conduct."
Some forums and defendants are excluded by other statutes: small claims, the civil evaluation option, governmental entities under the Tort Claims Act, nonprofit timber protective associations working under a state contract, and the personal representative of a wrongdoer who has died. Each is covered below.
What a claimant must prove
Section 6-1604(1) provides:
"In any action seeking recovery of punitive damages, the claimant must prove, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted."
The statute names four kinds of conduct (oppressive, fraudulent, malicious or outrageous) and puts the burden of proving one of them by clear and convincing evidence on the claimant. Section 6-1604(4) adds that "nothing in this section is intended to change the rules of evidence used by a trier of fact in finding punitive damages."
Adding a punitive damages claim: the motion to amend
Idaho does not let a claimant plead punitive damages at the start of a case. Section 6-1604(2) provides:
"In all civil actions in which punitive damages are permitted, no claim for damages shall be filed containing a prayer for relief seeking punitive damages. However, a party may, pursuant to a pretrial motion and after hearing before the court, amend the pleadings to include a prayer for relief seeking punitive damages. The court shall allow the motion to amend the pleadings if, after weighing the evidence presented, the court concludes that, the moving party has established at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages."
The test at the hearing is a "reasonable likelihood of proving facts at trial sufficient to support an award." If the party meets it, the statute says the court "shall" allow the amendment.
In Davis v. Blast Properties, Inc. (Idaho 2024), the Idaho Supreme Court explained that the statute's "weighing" of the evidence "does not require an in-court presentation of evidence." The court assesses whether the moving party's evidence is admissible at trial and "sufficient," meaning the claim is legally cognizable and the evidence is "substantial." The clear and convincing standard "is the standard for a jury," not for the trial court ruling on the motion, and applying Idaho Rule of Civil Procedure 15 to the motion "would be erroneous."
Relation back. A prayer added this way "shall not be barred by lapse of time under any applicable limitation on the time in which an action may be brought or claim asserted, if the time prescribed or limited had not expired when the original pleading was filed" (6-1604(2)). Idaho's general filing deadlines are on the Idaho statute of limitations page.
Is there a cap on punitive damages in Idaho?
Yes. Section 6-1604(3) provides:
"No judgment for punitive damages shall exceed the greater of two hundred fifty thousand dollars ($250,000) or an amount which is three (3) times the compensatory damages contained in such judgment. If a case is tried to a jury, the jury shall not be informed of this limitation. The limitations on noneconomic damages contained in section 6-1603, Idaho Code, are not applicable to punitive damages."
Three points follow from the text:
- The limit is the greater of the two figures, so it is never lower than $250,000.
- The jury is not told about the limit.
- The separate noneconomic damages limit in 6-1603 does not apply to punitive damages.
No exception in 6-1604. Section 6-1604 contains no exception to its limit for felony conduct, drunk driving, intentional torts or product liability. The exceptions sometimes associated with Idaho's damages caps are in 6-1603(4), and they apply to the noneconomic damages limit only:
"The limitation of awards of noneconomic damages shall not apply to: (a) Causes of action arising out of willful or reckless misconduct. (b) Causes of action arising out of an act or acts which the trier of fact finds beyond a reasonable doubt would constitute a felony under state or federal law."
Those exceptions lift the noneconomic cap. They do not change the $250,000 or three-times limit on punitive damages. For noneconomic damages in health care claims, see Idaho medical malpractice law.
Claim-specific statutes. Some statutes for particular claims set their own measure of punitive or exemplary damages:
- Idaho Trade Secrets Act. "If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1) of this section" (48-803(2)).
- Human rights cases in district court. A court order in an action under chapter 59 of title 67 may include "an order for punitive damages, not to exceed one thousand dollars ($1,000) for each willful violation of this chapter" (67-5908(3)(e)).
- Patent infringement assertions. A private action under 48-1706 provides for "exemplary damages in an amount equal to fifty thousand dollars ($50,000) or three (3) times the total of damages, costs and fees, whichever is greater" (48-1706(1)(d)).
- Disability access violations. In a civil action against a person intentionally violating 18-5811, 18-5811A, 18-5812 or 18-5812A, judgment is awarded on proof by a preponderance of the evidence, and "a successful plaintiff shall be awarded punitive damages in an amount equal to all other damages suffered by the plaintiff, but in no event less than five hundred dollars ($500)" (56-705).
- Consumer protection. Under the Idaho Consumer Protection Act, the court "may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper in cases of repeated or flagrant violations" (48-608(1)).
- Child abuse tort actions. Damages may include "punitive damages where the claimant proves malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted" (6-1703).
- Libel or slander by newspaper, radio or television. Exemplary damages require an unanswered demand for a correction, and "no exemplary damages may be recovered unless the plaintiff shall prove that defendant made the publication or broadcast with actual malice, and actual malice shall not be inferred or presumed from the publication or broadcast" (6-712). For the rest of a defamation claim, see Idaho defamation laws.
The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Idaho verdicts; the punitive damages hub explains them.
Does Idaho take a share of the award?
No general Idaho statute does. Chapter 16 of title 6 (sections 6-1601 to 6-1607), which contains the punitive damages limitation, has no provision sending any part of a punitive award to the state or to a fund.
Where punitive damages are not available
Governmental entities and employees. Section 6-918 of the Idaho Tort Claims Act provides: "Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act."
Nonprofit timber protective associations. Such an association and its employees, "while acting within the scope of their employment, and while performing a contract with the state of Idaho or any agency of the state of Idaho, shall not be liable for punitive damages on any claim for bodily or personal injury, death, property damage or other loss" (38-104a(3)).
Small claims. The small claims department of the magistrate's division "shall not award punitive damages or damages for pain or suffering in any proceeding" (1-2301).
Civil evaluation. The Idaho civil evaluation option "shall not apply to ... cases seeking a punitive damages award" (7-1503(1)).
When an employer is liable for an employee's conduct
The Idaho Supreme Court applies a case-law rule. In Boise Dodge, Inc. v. Clark, 92 Idaho 902, 453 P.2d 551 (1969), it said that "a principal is liable for punitive damages based upon the acts of his agents only in which the principal participated or which he authorized or ratified," while rejecting "a wooden application of this rule" that "would effectively insulate all corporations from punitive damage liability, for a corporation can act only through its agents."
In Manning v. Twin Falls Clinic & Hospital, Inc. (Idaho 1992), the court called that rule "settled beyond dispute in Idaho," stated that for a corporation the showing concerns "its directors and managing officers," and reversed a punitive award against a hospital because ratification of its nurses' conduct had not been shown.
Death of the wrongdoer, and wrongful death cases
When the wrongdoer dies. Under 5-327(1), claims for injury or death caused by another's wrongful act or negligence (except slander or libel) do not abate when the wrongdoer dies, and the injured person or the personal representative of a person who died has a cause of action against the wrongdoer's personal representative, "provided, however, the punitive damages or exemplary damages shall not be awarded nor penalties adjudged in any such action."
When the injured person dies of unrelated causes. Section 5-327(2) keeps a personal injury or property damage claim alive when the injured person dies "from causes not related to the wrongful act or negligence," but limits recovery to medical expenses actually incurred, other out-of-pocket expenses actually incurred and loss of earnings actually suffered before death as a result of the wrongful act or negligence.
Wrongful death. The wrongful death statute, 5-311, does not mention punitive damages, but the Idaho Supreme Court has held that they are available under it. The statute provides that "in every action under this section, such damages may be given as under all the circumstances of the case as may be just." In Gavica v. Hanson, 101 Idaho 58, 608 P.2d 861 (1980), the court read the same "may be just" language in the version of the statute then in force to permit punitive damages, holding that Idaho's "wrongful death statute, as interpreted, allows for punitive damage awards," because "if wrongful conduct is to be deterred by the award of punitive damages, that policy should not be thwarted because the wrongdoer succeeds in killing his victim." The proof standard, pleading rule and cap in 6-1604 apply "in any action seeking recovery of punitive damages," and 5-327(1) still bars them against a deceased wrongdoer's personal representative. Who may bring a death claim, and the deadlines, are on the Idaho wrongful death page.
Appeals of large punitive judgments
Idaho eases the appeal bond on large punitive awards. Under 13-202(2), "if a plaintiff in a civil action obtains a judgment for punitive damages, the supersedeas bond or cash deposit requirements shall be waived as to that portion of the punitive damages that exceeds one million dollars ($1,000,000) if the party or parties found liable seek a stay of enforcement of the judgment during the appeal."
Does insurance pay punitive damages in Idaho?
No Idaho statute addresses it; the leading decision is from 1973. In Abbie Uriguen Oldsmobile Buick, Inc. v. United States Fire Ins. Co., 95 Idaho 501, 511 P.2d 783 (1973), the Idaho Supreme Court framed the question as "whether an insurance company is obligated, under a blanket automobile liability policy, to provide coverage of punitive damage claims arising out of an automobile accident; or whether, conversely, public policy in Idaho precludes such coverage." It noted that "the policy provisions herein make no distinction as between actual and punitive damages. Punitive damages are not specifically excluded from the policy language," and on public policy it wrote: "we reject McNulty and adopt the Lazenby approach," holding that public policy did not preclude coverage under that policy. For the rest of a vehicle crash claim, see Idaho car accident law.
Idaho punitive damages at a glance
| Question | Idaho rule | Source |
|---|---|---|
| Availability | Allowed; governed by statute | Idaho Code 6-1604 |
| Conduct standard | Oppressive, fraudulent, malicious or outrageous conduct | 6-1604(1) |
| Burden of proof | Clear and convincing evidence | 6-1604(1) |
| Pleading | Not in the original complaint; added by pretrial motion after a hearing on a reasonable likelihood showing (admissible, substantial evidence) | 6-1604(2); Davis (2024) |
| General cap | Greater of $250,000 or 3 times compensatory damages in the judgment; no exception in 6-1604 | 6-1604(3) |
| Jury told of cap | No | 6-1604(3) |
| Claim-specific rules | Trade secrets up to twice the subsection (1) award; human rights orders up to $1,000 per willful violation; disability access violations mandatory, equal to all other damages (at least $500), preponderance standard; others | 48-803(2); 67-5908(3)(e); 56-705; 48-1706(1)(d); 48-608(1); 6-1703 |
| State share | No general split-recovery statute | Title 6, chapter 16 |
| Government defendants | Not liable on Tort Claims Act claims | 6-918 |
| Employer liability | Only if the employer participated in, authorized or ratified the conduct (for a corporation, its directors and managing officers) | Boise Dodge (1969); Manning (1992) |
| Deceased wrongdoer | No punitive damages against the personal representative | 5-327(1) |
| Wrongful death | Statute does not mention punitive damages, but the Idaho Supreme Court has held they are available under it | 5-311; Gavica v. Hanson (1980) |
| Small claims and civil evaluation | Not available | 1-2301; 7-1503(1) |
| Appeal bond | Waived for the punitive portion over $1,000,000 | 13-202(2) |
| Insurance | Public policy did not bar coverage under a 1973 auto policy that did not exclude them | Abbie Uriguen (Idaho 1973) |
Recent changes
Section 6-1604 was added in 1987 (ch. 278) and last amended in 2003 (ch. 122). Its statutory history lists no later amendment. The Idaho Legislature's site updates the code each July after the legislative session.
Related pages
- Punitive damages laws by state
- Idaho wrongful death law
- Idaho medical malpractice law
- Idaho defamation laws
This article provides general legal information about Idaho punitive damages law as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Idaho.
Last updated: 2026-10-19.
Frequently Asked Questions
Does Idaho allow punitive damages?
Yes. Under Idaho Code 6-1604(1), a claimant seeking punitive damages must prove, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the party against whom the claim is asserted. They are barred on claims against governmental entities and their employees under the Idaho Tort Claims Act (6-918), and some statutes for particular claims set their own rules, such as 56-705 for intentional disability access violations.
What is the cap on punitive damages in Idaho?
Under Idaho Code 6-1604(3), no judgment for punitive damages may exceed the greater of $250,000 or three times the compensatory damages in the judgment. The section contains no exception to that limit. Some statutes for particular claims set their own measure, such as the Idaho Trade Secrets Act (48-803(2)).
Does the felony exception to Idaho's damages cap apply to punitive damages?
No. The exceptions for willful or reckless misconduct and for acts the trier of fact finds beyond a reasonable doubt would be a felony are in Idaho Code 6-1603(4), and they lift the limit on noneconomic damages. Section 6-1604(3) states that the 6-1603 noneconomic limits do not apply to punitive damages and sets its own limit without exceptions.
Are punitive damages allowed in the original complaint in Idaho?
No. Idaho Code 6-1604(2) provides that no claim for damages shall be filed containing a prayer for punitive damages. A party may later amend by pretrial motion after a hearing, and the court shall allow the amendment if the party establishes a reasonable likelihood of proving facts at trial sufficient to support an award. In Davis v. Blast Properties (2024), the Idaho Supreme Court read this as asking whether the evidence is admissible at trial and substantial; the clear and convincing standard applies at trial.
Does Idaho take part of a punitive damages award?
No general Idaho statute does. Chapter 16 of title 6, which contains the punitive damages limitation, has no provision sending any share of an award to the state or a fund.
Are punitive damages available in an Idaho wrongful death case?
Yes. Idaho Code 5-311 does not mention punitive damages, but the Idaho Supreme Court held in Gavica v. Hanson (1980) that its may be just damages language allows them. The proof standard, pleading rule and cap in 6-1604 apply. If the wrongdoer has died, 5-327(1) bars punitive or exemplary damages in the action against the wrongdoer's personal representative.
Are punitive damages available against a government entity in Idaho?
Not on claims under the Idaho Tort Claims Act. Idaho Code 6-918 provides that governmental entities and their employees shall not be liable for punitive damages on any claim allowed under that act.
Does insurance cover punitive damages in Idaho?
In Abbie Uriguen Oldsmobile Buick, Inc. v. United States Fire Ins. Co. (1973), the Idaho Supreme Court considered a blanket automobile liability policy that did not exclude punitive damages and held that Idaho public policy did not preclude coverage of them. Coverage still depends on the policy language.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Idaho Code
§ 6-1604Limitation on punitive damagesIn forcecited in 5 of our articles
6-1604. Limitation on punitive damages. (1) In any action seeking recovery of punitive damages, the claimant must prove, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 77 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Weinstein v. Prudential Property & Casualty Insurance (Idaho Supreme Court 2010, 149 Idaho 299)“…839 ? 7. Did the district court err in refusing to apply Idaho Code §§ 6-1604 (1) & (3) to this action? 8. Did the…”
- Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP (Idaho Supreme Court 2010, 148 Idaho 479)“…against whom the claim for punitive damages is asserted.” Idaho Code § 6-1604 (1). “Punitive damages are not favored…”
- Parks v. Safeco Ins Co of Illinois (Idaho Supreme Court 2016, 160 Idaho 556)“…nd that they are entitled to present the issue to a jury. Idaho Code section 6-1604 provides that a plaintiff seeking to re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wrongful Death Laws in Idaho (2026): Deadlines & Who Can Sue, Idaho Recording Laws (2026): One-Party Consent Rules, Idaho Upholds a $1.176M Defamation Verdict and Flags AI-Faked Citations
§ 6-1601Definitions. As used in this act:In force
6-1601. Definitions. As used in this act: (1) "Charitable corporation or organization or charitable trust" means a corporation or organization or charitable trust including any community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, testing for…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
§ 5-327Personal injuries — Property damage — Death of wrongdoer — death of injured party — Survival of actionIn forcecited in 2 of our articles
5-327. Personal injuries — Property damage — Death of wrongdoer — death of injured party — Survival of action. (1) Causes of action arising out of injury to the person or property, or death, caused by the wrongful act or negligence of another, except actions for slander or libel, shall not abate…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Estate of John H. Cornell v. Toni C. Johnson (Idaho Supreme Court 2016, 159 Idaho 778)“…tate argues that even if its claims abated, they fall under Idaho Code section 5-327(2) as an exception to abatement.…”
- Salamina v. Estate of Mauzey (Idaho Court of Appeals 2015)“…facts presented to the court. The district court noted that Idaho Code section 5-327(1) addressed the abatement of an action…”
- Shaw v. Garrison (District Court, E.D. Louisiana 1975, 391 F. Supp. 1353)“…3-505 (rev. 1962) ; Hawaii Rev.Stat. § 634-84 (1968) ; Idaho Code Ann. § 5-327 (Supp.1974) ; Ill. Ann.Stat. ch. 3, §…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 6-918No punitive damages. Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this actIn force
6-918. No punitive damages. Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
§ 13-202Stay of proceedings pending appealIn force
13-202. Stay of proceedings pending appeal. (1) Upon and after an appeal of a judgment or order of the district court in a civil action, the judgment or order appealed from, or any other order or proceeding in the action may be stayed by the district court or the supreme court as provided by rule…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
§ 6-712Retraction by newspaper, radio or television broadcasting station or network of stations — Limit of recovery. In any action for damages for the publication of a libel, in a newspaper, or of a slander or libel by radio or television broadcast, plaintiff shall recover no more than actual damages unless a correction be demanded and be not published or broadcast, as hereinafter provided. Plaintiff shall serve upon the publisher, at the place of publication or broadcaster at the place of broadcast, a written notice specifying the statements and the manner in which said statements are claimed to be slanderous or libelous and demanding that the same be corrected. Said notice and demand must be served within 20 days after knowledge of the publication or broadcast of the statement claimed to be slanderous or libelous. If a correction be demanded within said period and be not published or broadcast in substantially as conspicuous a manner in said newspaper or on said radio or television broadcasting station as were the statements claimed to be slanderous or libelous, in a regular issue thereof published or broadcast within threeIn forcecited in 2 of our articles
6-712. Retraction by newspaper, radio or television broadcasting station or network of stations — Limit of recovery. In any action for damages for the publication of a libel, in a newspaper, or of a slander or libel by radio or television broadcast, plaintiff shall recover no more than actual…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Also relied on in: Idaho Defamation Laws: Libel, Slander & Suing (2026)
§ 48-803DamagesIn forcecited in 2 of our articles
48-803. Damages. (1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Basic American, Inc. v. Shatila (Idaho Supreme Court 1999, 133 Idaho 726)“…finding that Basic had established any “actual loss” under Idaho Code § 48-803 . F. Whether IFP and Shatila are…”
- GME, INC. v. Carter (Idaho Supreme Court 1996, 128 Idaho 597)“…cause GME did not preserve the issue in the trial court. Idaho Code § 48-803 (1) provides the standards for damages…”
- Creative Computing, Dba Internet truckstop.com v. getloaded.com Llc, And/or Codified Corporation, and Jack C. Martin (Court of Appeals for the Ninth Circuit 2004, 386 F.3d 930)“…28, 2002). 4 . See Idaho Code § 48-803 (2) ("If willful and malicious misappro…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Trade Secret Laws: UTSA, Remedies & Deadlines
§ 67-5908Procedure in district courtIn forcecited in 2 of our articles
67-5908. Procedure in district court. (1) Any action filed by the commission shall be heard by the district court unless either party shall move for a jury trial. Except as otherwise provided herein, the court shall hear the case and grant relief as in other civil actions.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Also relied on in: Wrongful Termination in Idaho (2026): Laws, Deadlines, How to File
§ 48-1706private cause of action, remedies and damages — limitation of actionIn force
48-1706. private cause of action, remedies and damages — limitation of action. (1) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated under chapter 6, title 48, Idaho Code, may bring an action…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
§ 1-2301Small claims department — Creation — Scope of claims — Venue. In every magistrate’s division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate’s Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed fifteen thousand dollars ($15,000), and in cases for the recovery of personal property where the value of the property does not exceed fifteen thousand dollars ($15,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate’s division shall be brought in the magistrate’s division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper countyIn forcecited in 3 of our articles
1-2301. Small claims department — Creation — Scope of claims — Venue. In every magistrate’s division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate’s Division," which shall have jurisdiction in cases for the recovery of…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Also relied on in: Idaho Scam and Fraud Laws: Where to Report, Your Right to Sue (2026), Idaho Small Claims Court: $15,000 Limit, Fees and How to File
§ 7-1503Actions to which the Idaho civil evaluation option applies — Initiation of process — Option to mediate — Motions for removal from evaluationIn force
7-1503. Actions to which the Idaho civil evaluation option applies — Initiation of process — Option to mediate — Motions for removal from evaluation.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
§ 38-104aNonprofit timber protective associations — Restrictions on liabilityIn force
38-104A. Nonprofit timber protective associations — Restrictions on liability. (1) "Nonprofit timber protective association" means a nonprofit corporation, or nonprofit unincorporated association, that has entered into a contract for the detection, prevention or suppression of forest and range…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Idaho Code 6-1604: Limitation on punitive damages(legislature.idaho.gov).gov
- Idaho Code 6-1601: Definitions(legislature.idaho.gov).gov
- Idaho Code 6-1603: Limitation on noneconomic damages(legislature.idaho.gov).gov
- Idaho Code 48-803: Damages (Idaho Trade Secrets Act)(legislature.idaho.gov).gov
- Idaho Code 67-5908: Procedure in district court(legislature.idaho.gov).gov
- Idaho Code 48-1706: Private cause of action, remedies and damages(legislature.idaho.gov).gov
- Idaho Code 6-712: Retraction by newspaper, radio or television; limit of recovery(legislature.idaho.gov).gov
- Idaho Code 6-918: No punitive damages (Idaho Tort Claims Act)(legislature.idaho.gov).gov
- Idaho Code 38-104a: Nonprofit timber protective associations; restrictions on liability(legislature.idaho.gov).gov
- Idaho Code 1-2301: Small claims department(legislature.idaho.gov).gov
- Idaho Code 7-1503: Actions to which the Idaho civil evaluation option applies(legislature.idaho.gov).gov
- Idaho Code 5-327: Death of wrongdoer; death of injured party; survival of action(legislature.idaho.gov).gov
- Idaho Code 5-311: Suit for wrongful death by or against heirs or personal representatives; damages(legislature.idaho.gov).gov
- Idaho Code 13-202: Stay of proceedings pending appeal(legislature.idaho.gov).gov
- Abbie Uriguen Oldsmobile Buick, Inc. v. United States Fire Ins. Co., 95 Idaho 501, 511 P.2d 783 (1973)(www.courtlistener.com)
- Gavica v. Hanson, 101 Idaho 58, 608 P.2d 861 (1980)(www.courtlistener.com)
- Boise Dodge, Inc. v. Clark, 92 Idaho 902, 453 P.2d 551 (1969)(www.courtlistener.com)
- Manning v. Twin Falls Clinic & Hospital, Inc. (Idaho 1992)(www.courtlistener.com)
- Davis v. Blast Properties, Inc., Idaho Supreme Court Docket No. 50491 (June 27, 2024)(www.courtlistener.com)
- Idaho Code 56-705: Civil action (disability access)(legislature.idaho.gov).gov
- Idaho Code 48-608: Loss from purchase or lease; actual and punitive damages(legislature.idaho.gov).gov
- Idaho Code 6-1703: Damages (child abuse tort actions)(legislature.idaho.gov).gov
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