S13692026 Regular Session
Adds to and repeals existing law to establish provisions regarding place of trial for certain civil actions.
PLACE OF TRIAL OF CIVIL ACTIONS -- Adds to and repeals existing law to establish provisions regarding place of trial for certain civil actions.
IntroducedIn CommitteeFloor VoteEnacted
STATEMENT OF PURPOSE
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This legislation is a simplification of the outdated statute which identifies the county in which a plaintiff may bring a cause of action, clarifying the outdated language. The restatement is simple with the only addition allowing a plaintiff to file a civil action in the county in which the action occurred. This will alleviate some expense of litigation by reducing travel costs for the plaintiff and potential witnesses, and it will allow local residents to be more involved in cases in their jurisdictions.
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1369 BY JUDICIARY AND RULES COMMITTEE AN ACT 1 RELATING TO PLACE OF TRIAL OF CIVIL ACTIONS; REPEALING SECTION 5-404, IDAHO 2 CODE, RELATING TO OTHER ACTIONS, VENUE, AND CERTAIN EXCEPTIONS; AMEND- 3 ING CHAPTER 4, TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 4 5-404, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING OTHER ACTIONS, 5 VENUE, AND CERTAIN EXCEPTIONS; AND DECLARING AN EMERGENCY AND PROVIDING 6 AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 5-404, Idaho Code, be, and the same is hereby 9 repealed. 10 SECTION 2. That Chapter 4, Title 5, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 5-404, Idaho Code, and to read as follows: 13 5-404. OTHER ACTIONS -- VENUE -- EXCEPTIONS. (1) Except as otherwise 14 provided by this chapter or other provisions of law, a plaintiff shall bring 15 an action in the county in which: 16 (a) The cause of action arises; or 17 (b) Any defendant resides at the commencement of the action. 18 (2) If none of the defendants reside in the state of Idaho at the time of 19 the cause of the action, or prior to the filing of the complaint, the action 20 may be brought in any county, which the plaintiff may designate in the com- 21 plaint. 22 (3) Actions against life or fire insurance companies may be filed in the 23 county where the death occurred or the loss was sustained. 24 (4) Actions against any corporation organized under the laws of the 25 state of Idaho shall be filed in any county where the defendant has its prin- 26 cipal place of business or in the county in which the cause of action arose. 27 (5) Nothing in this chapter shall limit the power of the court to change 28 the place of trial, as otherwise provided by law. 29 SECTION 3. An emergency existing therefor, which emergency is hereby 30 declared to exist, this act shall be in full force and effect on and after 31 July 1, 2026. 32 -- 1 of 1 --
LATEST ACTION
Introduced; read first time; referred to JR for Printing