Idaho Code
Idaho Code § 10-1209 (2026)
Issues of fact — Trial and determination.
✓ current as of May 2026
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Issues of fact — Trial and determination.
When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other actions at law or suits in equity in the court in which the proceeding is pending.
Notes of Decisions
Cited in 4
cases, 1961–2020 · leading case: Farmers Ins. Exch. v. Tucker, 125 P.3d 1067 (Idaho 2005).
Farmers Ins. Exch. v. Tucker, 125 P.3d 1067 (Idaho 2005). “Idaho Rule of Civil Procedure 15(a) instructs that leave to amend shall be freely given when justice so requires. The district court stated that FIE's motion to amend was timely and found that FIE had not filed the motion with "motives of bad faith or dilatory motives", noting…”
Tomchak v. Walker, 700 P.2d 68 (Idaho 1985). “I.C. § 10-1209. It is true that all property owners of record to the road should be joined as indispensable parties.”
Merrill v. Smith, 477 P.3d 230 (Idaho 2020). “Attorney Smith should gain no advantage from his destructive machinations described above that greatly harmed the interests of a disabled client and also betrayed the lead counsel who hired him.”
Temperance Ins. Exch. v. Carver, 365 P.2d 824 (Idaho 1961). “I.C. § 10-1209. However, when issues of fact triable by jury under the common law or territorial statute, arise in declaratory proceedings, the procedure must be such as to preserve the right of trial by jury.”
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