Idaho Ct. Admin. R. 74

As amended through September 30, 2024
Rule 74 - Registration of Private Civil Litigation Evaluators
(a) Application for Registration as a Private Civil Litigation Evaluator. The Administrative Director of the Courts will compile a roster of private civil litigation evaluators. Persons interested in being placed on this list must submit an application to the Administrative Director of the Courts on a form prescribed by the Supreme Court. Applicants shall furnish, in addition to information relating to the applicant, proof that the applicant possesses the qualifications for registration on the Supreme Court's list of private civil case evaluators as set forth in this rule. An applicant shall also be required to identify his or her area(s) of legal expertise and experience.
(b) Qualifications of Private Civil Litigation Evaluators. In order for a person to be placed on the Supreme Court's roster of private civil litigation evaluators, a person must certify by application that he or she is an active member of the Idaho State Bar in good standing and has held such membership for a minimum period of seven (7) years; or is a justice or judge who has retired from the Idaho judiciary or who has been designated a senior judge by the Idaho Supreme Court pursuant to sections 1-2005 or 1-2221, Idaho Code. In addition, an applicant must be familiar with the Small Lawsuit Resolution Act (section 7-1501 et seq., Idaho Code) and the rules, practice and procedures of the Idaho Supreme Court governing proceedings in the district courts of the State of Idaho; and have the background experience and training to fairly, impartially and competently evaluate a civil case pursuant to the provisions of the Small Lawsuit Resolution Act.
(c) Roster of Civil Litigation Evaluators. The roster maintained by the Administrative Director of the Courts shall indicate, addition to other information, the county or counties in which evaluators will accept appointments. The Administrative Director shall publish a copy of the roster, including infonnation relating to evaluator, on the Idaho Supreme Court's website.
(d) Oath of Evaluator. In each case, prior to undertaking an evaluation, a private civil litigation evaluator must sign a written oath that he or she will faithfully and impartially discharge the obligations and duties of an evaluator in a timely manner as prescribed by law, and to represent that he or she does not have a conflict of interest regarding the parties or the subject matter of the dispute that would prevent him or her from rendering a fair and impartial opinion in the dispute. The oath of the evaluator shall be filed with the clerk of the court and shall be substantially in the following form:

I, ___________________________________, hereby accept appointment as evaluator in the above-captioned case.

I certify that I meet the qualifications of an evaluator, and shall timely and impartially discharge my obligations and duties as an evaluator. I have been informed of the identities of the parties to the case and the subject matter of the dispute and I have no conflict of interest or any bias that would prevent me from rendering a fair and impartial opinion in the dispute.

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Signature

SUBSCRIBED AND SWORN to before me this _______ day of ______, 20_.

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Signature

Id. Ct. Admin. R. 74

Adopted December 2, 2015, effective 7/1/2016.