Idaho Code
Idaho Code § 1-213 (2026)
Duty to make rules — Limitation.
✓ current as of May 2026
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Duty to make rules — Limitation.
The Supreme Court shall prescribe, by general rules, for all the courts of Idaho, the forms of process, writs, pleadings and motions, the manner of service, time for appearance, and the practice and procedure in all actions and proceedings. Said rules shall neither abridge, enlarge nor modify the substantive rights of any litigant.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1963–2025 · leading case: Tillman v. Thomas, 585 P.2d 1280 (Idaho 1978).
Tillman v. Thomas, 585 P.2d 1280 (Idaho 1978). “" The case at hand brings to the fore again the question: What is procedural and what is substantive? In 1957, by order of the Idaho Supreme Court, the Idaho Rules of Civil Procedure were adopted.”
State v. Palmer, 574 P.2d 533 (Idaho 1978). “The same statute which empowers this Court to "prescribe, by general rules, for all the courts of Idaho . . the practice and procedure in all actions and proceedings," denies this Court the power to "abridge, enlarge [or] modify the substantive rights of any litigant.”
State v. Knee, 616 P.2d 263 (Idaho 1980). “NOTES [1] Idaho Code, § 1-213 provides: "The Supreme Court shall prescribe, by general rules, for all the courts of Idaho, the forms of process, writs, pleadings and motions, the manner of service, time for appearance, and the practice and procedure in all actions and…”
Crooks v. Maynard, 732 P.2d 281 (Idaho 1987). “Section 1-213, a part of the same 1941 enactment, in fact said the Supreme Court shall by general rules prescribe the forms of process, writs, pleadings and motions, the manner of service, time for appearance, and the practice and procedure in all actions and proceedings.”
Carter v. State, 702 P.2d 826 (Idaho 1985). “I.C. § 1-213 provides: "The Supreme Court shall prescribe, by general rules, for all the courts of Idaho, the forms of process, writs, pleadings and motions, the manner of service, time of appearance, and the practice and procedure in all actions and proceedings.”
State v. Currington, 700 P.2d 942 (Idaho 1985). “I.C. § 1-213 provides: Duty to make rules Limitation.”
Frizzell v. DeYoung, 415 P.3d 341 (Idaho 2018). “" I.C. § 1-213. Here, where TEDRA attempts to dictate when the Idaho Rules of Civil Procedure will apply, TEDRA usurps this Court's inherent rulemaking authority, and thus calls into question TEDRA's constitutionality.”
R. E. W. Constr. Co. v. Dist. Court of the Third Jud. Dist., 400 P.2d 390 (Idaho 1965). “2 (I.C. § 1-213). That the Supreme Court shall prescribe, by general rules, for all the Courts of Idaho, the forms of process, writs, pleadings and motions, the manner of service, time for appearance, and the practice and procedure in all actions and proceedings.”
State v. Johnson, 383 P.2d 326 (Idaho 1963). “Absent legislative direction, this Court not only has the authority, but the duty to adopt procedure designed to safeguard the rights of an accused to a fair and impartial trial.”
Smith v. Washington Cnty. Idaho, 247 P.3d 615 (Idaho 2010). “§ 1-213. The Legislature has also enacted the Idaho Administrative Procedure Act, I.”
State v. John Doe, a Juv., 563 P.3d 1238 (Idaho Ct. App. 2025). “” I.C. § 1-213. Therefore, once an appeal is granted by statute, the applicable rules provide the specific means by which a party may bring the appeal.”
David Smith v. Washington Cnty. (Idaho 2010). “§§ 67-5201 to 67-5228, which prescribes the manner in which contested administrative cases will be conducted, provides the procedure for administrative review, and authorizes judicial review of final agency orders.”
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