Idaho Code tit. 6 | Title 6 — Actions in Particular Cases

Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.

Chapter 1 Foreclosure of Mortgages and Other Liens

§ 6-101 Proceedings in foreclosure — Construction of section — Meaning of "action" — Effect of foreclosure on holder of unrecorded lien

§ 6-102 Disposition of surplus money

§ 6-103 Partial sales

§ 6-104 Mortgage not a conveyance

§ 6-105 Execution under foreclosure on property in more than one county

§ 6-106 Duty of clerk on return of execution

§ 6-107 Certificates of sale

§ 6-108 Deficiency judgments — Amount restricted

Chapter 2 Waste and Wilful Trespass on Real Property

§ 6-201 Actions for waste

§ 6-202 Actions for civil trespass

§ 6-210 Recovery of damages for economic loss willfully caused by a minor

§ 6-211 Trespass on state lands — Damage actions

§ 6-212 Damages recovered deposited into endowment fund

Chapter 3 Forcible Entry and Unlawful Detainer

§ 6-301 Forcible entry defined

§ 6-302 Forcible detainer defined

§ 6-303 Unlawful detainer defined

§ 6-303A Records shielded from disclosure

§ 6-304 Service of notice

§ 6-305 Jurisdiction of district court

§ 6-308 Parties defendant

§ 6-309 Parties generally

§ 6-310 Action for possession — Complaint — Summons

§ 6-310A Limited alternative remedy to remove unauthorized persons from residential real property

§ 6-311 Continuance

§ 6-311A Judgment on trial by court

§ 6-311C Form of execution

§ 6-311D Additional undertaking on appeal

§ 6-311E Action for damages — Complaint — Summons

§ 6-312 Judgment by default

§ 6-313 Trial by jury

§ 6-314 Sufficiency of evidence — Defenses

§ 6-315 Amendment of complaint

§ 6-316 Judgment — Restitution

§ 6-317 Treble damages

§ 6-318 Pleadings must be verified

§ 6-319 Appeal as stay

§ 6-320 Action for damages and specific performance by tenant

§ 6-321 Security deposits

§ 6-322 Rules of practice in general

§ 6-323 Service of notice to landlord

§ 6-324 Attorney fees

Chapter 4 Quieting Title — Other Provisions Relating to Actions Concerning Real Estate

§ 6-401 Actions to quiet title

§ 6-402 Disclaimer or default — Costs

§ 6-403 Termination of plaintiff’s right

§ 6-404 Value of improvements as set-off

§ 6-405 Order for survey and examination

§ 6-406 Form and service of order — Rights under

§ 6-407 Injury pending foreclosure or conveyance after execution sale — Injunction

§ 6-408 Injury pending conveyance after sale — Damages

§ 6-409 Alienation pending suit

§ 6-410 Mining customs admissible in evidence

§ 6-411 Quiet title action — Maintenance against mortgage barred by statute of limitations

§ 6-412 Quiet title action — Maintenance against judgment barred by statute of limitations

§ 6-413 Quiet title action — Decree

§ 6-414 Occupant of real estate — Stay of execution for possession — When authorized

§ 6-415 Occupant of real estate — Owner’s complaint for possession — Contents — Trial

§ 6-416 Occupant of real estate — Determination of right to possession — Tenants in common — Partition procedure

§ 6-417 Color of title — Definition

§ 6-418 Occupant of real estate — Owner’s right to possession — Limitations

Chapter 5 Partition of Real Estate

§ 6-501 When partition may be had

§ 6-502 Complaint — Allegations of interests of parties

§ 6-503 Parties — Lienholders and purchasers of record

§ 6-504 Lis pendens — Filing and effect

§ 6-505 Summons — How directed

§ 6-506 Service by publication

§ 6-507 Answer

§ 6-508 Rights of all parties may be determined

§ 6-509 Partial partition

§ 6-510 Lienholders — Determination of rights

§ 6-511 Notice to lienholders

§ 6-512 Partition — Sale — Referees

§ 6-513 Duties of referees

§ 6-514 Report of referees

§ 6-515 Report of referees — Confirmation — Judgment

§ 6-516 Effect of judgment on tenants for years

§ 6-517 Allowance of expenses of referees

§ 6-518 Lien on undivided interest — Charge on share assigned to lienor

§ 6-519 Estate for life or years may be set off

§ 6-520 Application of proceeds of sale of encumbered property

§ 6-521 Resort to other securities compelled

§ 6-522 Distribution of proceeds

§ 6-523 Payment into court — Continuance of action

§ 6-524 Conduct of sale — Contents of notice

§ 6-525 Terms of sale

§ 6-526 Security for purchase-money

§ 6-527 Compensation of tenants for life or years

§ 6-528 Consent not given — Compensation fixed by court

§ 6-529 Protection of unknown parties

§ 6-530 Compensation for contingent interest

§ 6-531 Notice of terms of sale

§ 6-532 Purchase by referees and guardians prohibited

§ 6-533 Report of sale

§ 6-534 Confirmation and order for conveyance

§ 6-535 Lienholders as purchasers

§ 6-536 Record and effect of conveyance

§ 6-537 Investment of proceeds belonging to unknowns or nonresidents

§ 6-538 Investment — When made in recorder’s name

§ 6-539 Investment — When made in parties’ names

§ 6-540 Duty of recorder taking security or making investment

§ 6-541 Unequal partition — Compensation

§ 6-542 Sale of infant’s share — Payment of proceeds to guardian

§ 6-543 Sale of share of incapacitated or protected person — Payment of proceeds to guardian

§ 6-544 Partition without action — Consent of guardian

§ 6-545 Costs of partition — Apportionment to parties — Lien

§ 6-546 Appointment of single referee

§ 6-547 Cost of abstract of title

Chapter 6 Usurpation of Office or Franchise

§ 6-601 Writ of scire facias abolished

§ 6-602 Actions for usurpation of office

§ 6-603 Statement of private right — Arrest of defendant

§ 6-604 Form of judgment

§ 6-605 Judgment for person entitled to office

§ 6-606 Damages against usurper

§ 6-607 Actions against several claimants

§ 6-608 Judgment of ouster — Fine

§ 6-609 Undertaking required of informer

§ 6-610 Actions against law enforcement officers

§ 6-610A Employer furnishing defense for public officer in criminal actions — Requirements

§ 6-611 Immunity from liability

Chapter 7 Libel and Slander

§ 6-701 Defamatory statements uttered on radio and television broadcasts in behalf of candidates — Liability

§ 6-702 Uniform single publication act — One cause of action for libel or slander — Recovery

§ 6-703 Judgment a bar to second action

§ 6-704 Interpretation of act

§ 6-705 Title of act

§ 6-706 Radio or television broadcasting station or network of stations — Proof of malice

§ 6-707 Right of station to require submission of matter intended to be broadcast

§ 6-708 Limitations and restrictions upon immunity from liability — Failure to exercise due care

§ 6-709 Liability in case of joint operation

§ 6-710 Privileged broadcasts

§ 6-711 Malice not inferred from broadcast

§ 6-712 Retraction by newspaper, radio or television broadcasting station or network of stations — Limit of recovery

§ 6-713 Privileged publication in newspaper defined

§ 6-714 Malice not inferred from publication

Chapter 8 Actions for Negligence

§ 6-801 Comparative negligence or comparative responsibility — Effect of contributory negligence

§ 6-802 Verdict giving percentage of negligence or comparative responsibility attributable to each party

§ 6-803 Contribution among joint tortfeasors — Declaration of right — Exception — Limited joint and several liability

§ 6-804 Common law liabilities preserved

§ 6-805 Effect of release of one tortfeasor on liability of others

§ 6-806 Effect of release of one tortfeasor on his liability for contribution to others — Limits on application of section

§ 6-807 Limitation on the recovery of damages — Reducing or increasing an award

§ 6-808 Civil immunity for self-defense

Chapter 9 Tort Claims Against Governmental Entities

§ 6-901 Short title

§ 6-902 Definitions

§ 6-902A Supervisory physician

§ 6-903 Liability of governmental entities — Defense of employees

§ 6-904 Exceptions to governmental liability

§ 6-904A Exceptions to governmental liability

§ 6-904B Exceptions to governmental liability

§ 6-904C Definitions

§ 6-905 Filing claims against state or employee — Time

§ 6-906 Filing claims against political subdivision or employee — Time

§ 6-906A Time for filing claims by minors

§ 6-907 Contents of claims — Filing by agent or attorney — Effect of inaccuracies

§ 6-908 Restriction on allowance of claims

§ 6-909 Time for allowance or denial of claims — Effect of failure to act

§ 6-910 Suit on denied claims permitted

§ 6-911 Limitation of actions

§ 6-912 Compromise and settlement by governing body

§ 6-913 Compromise and settlement by board of examiners

§ 6-914 Jurisdiction — Rules of procedure

§ 6-915 Venue

§ 6-916 Service of summons

§ 6-917 Recovery against governmental entity bar to action against employee

§ 6-918 No punitive damages

§ 6-918A Attorneys’ fees

§ 6-919 Liability insurance for state — Comprehensive plan by division of insurance management

§ 6-920 Liability insurance for state procured by division of insurance management

§ 6-921 Apportionment of cost of state plan

§ 6-922 Payment by state of claims or judgments when no insurance

§ 6-923 Authority of political subdivisions to purchase insurance

§ 6-924 Policy limits — Minimum requirements

§ 6-925 Policy terms not complying with act — Construction — Exception

§ 6-926 Judgment or claims in excess of comprehensive liability plan — Reduction by court — Limits of liability

§ 6-927 Tax levy to pay comprehensive liability plan

§ 6-928 Tax levy to pay claim or judgment

§ 6-929 Limitation of liability of volunteer firemen

Chapter 10 Medical Malpractice

§ 6-1001 Hearing panel for prelitigation consideration of medical malpractice claims — Procedure

§ 6-1002 Appointment and composition of hearing panel

§ 6-1003 Informal proceedings

§ 6-1004 Advisory decisions of panel

§ 6-1005 Tolling of limitation periods during pendency of proceedings

§ 6-1006 Stay of other court proceedings in interest of hearing before panel

§ 6-1007 Service of claim on accused provider of health care

§ 6-1008 Confidentiality of proceedings

§ 6-1009 Representation of parties by counsel

§ 6-1010 Fees for panel members

§ 6-1011 Limit on duration of proceedings — Panel’s jurisdiction

§ 6-1012 Proof of community standard of health care practice in malpractice case

§ 6-1013 Testimony of expert witness on community standard

§ 6-1014 Patient Protection And Affordable Care Act and other metrics not used to establish community standard

Chapter 11 Responsibilities and Liabilities of Skiers and Ski Area Operators

§ 6-1101 Legislative purpose

§ 6-1102 Definitions

§ 6-1103 Duties of ski area operators with respect to ski areas

§ 6-1104 Duties of ski area operators with respect to aerial passenger tramways

§ 6-1105 Duties of passengers

§ 6-1106 Duties of skiers

§ 6-1107 Liability of ski area operators

§ 6-1108 Liability of passengers

§ 6-1109 Liability of skiers

Chapter 12 Responsibilities and Liabilities of Recreational Participants and Outfitters and Guides

§ 6-1201 Legislative purpose

§ 6-1202 Definitions

§ 6-1203 Duties of an outfitter

§ 6-1204 Duties of a guide

§ 6-1205 Duties of participants

§ 6-1206 Liability of outfitters and guides

Chapter 13 Responsibilities for Donors and Gleaners of Food

§ 6-1301 Definitions

§ 6-1302 Donors and gleaners exempt from liability

Chapter 14 Product Liability

§ 6-1401 Scope

§ 6-1402 Definitions

§ 6-1403 Length of time product sellers are subject to liability

§ 6-1404 Comparative responsibility

§ 6-1405 Conduct affecting comparative responsibility

§ 6-1406 Relevance of industry custom, safety or performance standards, and technological feasibility

§ 6-1407 Individual rights and responsibilities of product sellers other than manufacturers

§ 6-1408 Contents of complaint — Amount of recovery

§ 6-1409 Short title

§ 6-1410 Products liability — Defectiveness of firearms or ammunition

Chapter 15 Liability to Firewood Gatherers

§ 6-1501 Definitions

§ 6-1502 Owners of forest land exempt from liability — Exception

Chapter 16 Periodic Payment of Judgments — Limitation on Certain Tort Damages and Liabilities

§ 6-1601 Definitions

§ 6-1602 Periodic payment of judgments — Exceptions — Discretions — Procedure

§ 6-1603 Limitation on noneconomic damages

§ 6-1604 Limitation on punitive damages

§ 6-1605 Limitation on liability of volunteers, officers and directors of nonprofit corporations and organizations and trustees of charitable trusts

§ 6-1606 Prohibiting double recoveries from collateral sources

§ 6-1607 Employer liability for employee torts

Chapter 17 Tort Actions in Child Abuse Cases

§ 6-1701 Tort actions in child abuse cases

§ 6-1702 Who may bring action

§ 6-1703 Damages — Attorneys’ fees

§ 6-1704 Statute of limitations

§ 6-1705 Effective date

Chapter 18 Equine Activities Immunity Act

§ 6-1801 Definitions

§ 6-1802 Limitation of liability on equine activities

Chapter 19 Limitation of a Mental Health Professional’s Duty to Warn

§ 6-1901 Mental health professional defined

§ 6-1902 A mental health professional’s duty to warn

§ 6-1903 Discharge of a mental health professional’s duty to warn

§ 6-1904 Immunity from liability

Chapter 20 Disparagement of Agricultural Food Products

§ 6-2001 Legislative intent

§ 6-2002 Definitions

§ 6-2003 Disparagement of perishable agricultural food products — Right of action for damages

Chapter 21 Protection of Public Employees

§ 6-2101 Legislative intent

§ 6-2102 Short title

§ 6-2103 Definitions

§ 6-2104 Reporting of governmental waste or violation of law — Employer action

§ 6-2105 Remedies for employee bringing action — Proof required

§ 6-2106 Court orders for violation of chapter

§ 6-2107 Award of attorneys’ fees and costs to employer — Action without basis in law or fact

§ 6-2108 No impairment of employee rights under collective bargaining agreement — Confidentiality protected

§ 6-2109 Notice of employee protection

Chapter 22 Constitutionally Based Educational Claims Act

§ 6-2201 Short title

§ 6-2202 Purpose of chapter — Definition of constitutionally based educational claim

§ 6-2203 System established under section 1, article IX

§ 6-2204 Responsibility for providing educational services required by the constitution

§ 6-2205 Right of action — Standing to sue

§ 6-2206 Patron complaints to be forwarded to attorney general

§ 6-2207 Bench trial

§ 6-2208 District court findings

§ 6-2209 Remedies in suit against district — Continuing jurisdiction

§ 6-2210 Further inquiry about tax levies — Orders

§ 6-2211 District court’s continuing jurisdiction

§ 6-2212 State supervision

§ 6-2213 Suit against state

§ 6-2214 Educational necessity levy

§ 6-2215 Effect on pending lawsuits

§ 6-2216 Severability

Chapter 23 Claims Against Nursing Facilities

§ 6-2301 Prelitigation hearing panel — Licensed nursing facilities

§ 6-2302 Appointment of hearing panel

§ 6-2303 Fees — Confidentiality

§ 6-2304 Application of laws

Chapter 24 Liability for Emergency Responses

§ 6-2401 Liability for emergency responses

§ 6-2402 Volunteer fire departments — Schedule of charges — Conditions for collection — Reports — Failure to pay

Chapter 25 Notice and Opportunity to Repair Act

§ 6-2501 Short title

§ 6-2502 Definitions

§ 6-2503 Notice and opportunity to repair

§ 6-2504 Limitation on damages

Chapter 26 Clandestine Drug Laboratory Cleanup Act

§ 6-2601 Short title

§ 6-2602 Purpose

§ 6-2603 Definitions

§ 6-2604 Department responsibility

§ 6-2605 Law enforcement agency responsibility

§ 6-2606 Residential property owner cleanup responsibility

§ 6-2607 Residential property owner immunity

§ 6-2608 Voluntary compliance

§ 6-2609 Clearance sampling requirements

§ 6-2610 Cleanup standards

§ 6-2611 Reporting requirements

Chapter 27 Idaho Sport Shooting Activities Immunity Act

§ 6-2701 Definitions

§ 6-2702 Limitation of liability on sport shooting activities

Chapter 28 Liability of Out-of-State Emergency Responder

§ 6-2801 Definitions

§ 6-2802 Liability of out-of-state emergency responder

Chapter 29 Livestock Activities Immunity Act

§ 6-2901 Definitions

§ 6-2902 Limitation of liability on livestock activities

Chapter 30 Idaho Agritourism Promotion Act

§ 6-3001 Short title

§ 6-3002 Purpose

§ 6-3003 Definitions

§ 6-3004 Liability

§ 6-3005 Warning required

§ 6-3006 Taxation status

Chapter 31 Liability of Land Possessor to Trespasser

§ 6-3101 Duty of land possessor to trespasser

§ 6-3102 Attractive Nuisance

§ 6-3103 Applicability

Chapter 32 Foreign Defamation Judgments

§ 6-3201 Definitions

§ 6-3202 Foreign defamation judgment

Chapter 33 Responsibilities and Liabilities of Bicyclists and Mountain Operators

§ 6-3301 Legislative purpose

§ 6-3302 Definitions

§ 6-3303 Duties of mountain operators with respect to mountain areas

§ 6-3304 Duties of mountain operators with respect to aerial passenger tramways

§ 6-3305 Duties of passengers

§ 6-3306 Duties of bicyclists

§ 6-3307 Liability of mountain operators

§ 6-3308 Liability of passengers

§ 6-3309 Liability of bicyclists

Chapter 35 Idaho Wrongful Conviction Act

§ 6-3501 Short Title

§ 6-3502 Claim of compensation for wrongful conviction

§ 6-3503 Compensation

§ 6-3504 Certificate of innocence

§ 6-3505 Innocence fund created

Chapter 36 Duties of Recreational Participants

§ 6-3601 Duties of Recreational Participants

Chapter 38 Liability for Publishers and Distributors of Material Harmful to Minors on the Internet

§ 6-3801 LEGISLATIVE findings and INTENT

§ 6-3802 Definitions

§ 6-3803 Intentional publication or distribution of material harmful to minors on the internet