--- name: id-pro-se description: > Use when drafting Idaho court documents for a self-represented (pro se) litigant. Triggers include "represent myself in Idaho", "Idaho pro se", "self-represented Idaho court", "filing without a lawyer in Idaho", "Idaho Court Assistance Office", "Idaho court forms", "Guide & File Idaho", "iCourt self-help", "fee waiver Idaho court", "waive Idaho filing fees", "do I need an ISB number to file", and "ISB number self-represented". Covers the pro-se drafting framework adapted for Idaho civil practice, the I.R.C.P. 11 certification (self-represented filers omit the ISB number), service of process under I.R.C.P. 4 and of subsequent papers under I.R.C.P. 5, the iCourt E-File optional-opt-in consequence for self-represented filers, fee waiver / deferral, the Idaho Court Assistance Office self-help forms, and interpreter / ADA accommodations. Composes with `id-statewide-format`, the `id-draft-*` scaffolders, and the venue skills. version: 0.1.0 --- # Pro Se Drafting for Idaho > **NOT LEGAL ADVICE.** This skill helps a self-represented party > prepare paper and procedure. It is not a substitute for advice > from a licensed Idaho attorney, and you should consult one where > the stakes warrant. Verify against the current Idaho Rules of > Civil Procedure, the Idaho Code, the I.R.E.F.S., and local rules > before filing. Use this skill alongside `id-statewide-format` whenever the filer is unrepresented. Idaho courts use **"self-represented"** interchangeably with "pro se." ## Use the official Idaho form where one exists Idaho has a mature self-help ecosystem; reach for an official form **before** drafting from scratch: - The **Idaho Court Assistance Office (CAO)** publishes statewide fillable forms and instructions for common civil, family, and protection-order matters (through the Idaho Judicial Branch at isc.idaho.gov / courtselfhelp.idaho.gov). Where a statewide form exists, courts expect it and clerks process it faster. - The **iCourt Odyssey "Guide & File"** assisted interview is the self-help front end for assembling and e-filing many self-help packets. When an Idaho Supreme Court / CAO form covers the task, prefer it; reserve free-form drafting (`id-draft-motion` and the other `id-draft-*` scaffolders) for filings with no governing form. Confirm the current revision before filing — forms are revised periodically (see `id-law-references`). ## The pro-se drafting framework — adapted for Idaho Idaho courts read self-represented filings with some leniency on form, but will **not act as the filer's lawyer** — they will not supply missing elements or develop the record. Form slips are tolerated if the substance is present, but the filer does the advocacy. Apply this to every filing: 1. State the relief clearly in the opening sentence. 2. Cite the rule or statute (I.R.C.P. ____ / I.C. § ____). 3. State the facts that satisfy each element, with verification or an affidavit / declaration where facts must be proven (see `id-draft-declaration`). 4. Apply the controlling Idaho authority (Idaho Reports + Pacific Reporter — see `id-fact-check`). 5. Conclude with the specific order sought. ## Signature block — self-represented filers omit the ISB number The signature on every filing **certifies** under **I.R.C.P. 11** that, to the best of the signer's knowledge after reasonable inquiry, the filing is warranted by existing law or a non-frivolous argument and is not interposed for an improper purpose. This certification — and the Rule 11 sanctions that back it — **apply to self-represented filers just as to attorneys.** Idaho-licensed attorneys sign with their **Idaho State Bar number (ISB #)**. A self-represented filer **has no ISB number and omits that field** — do not write "N/A." Add a clear self-represented designation: ``` ____________________________ Jane Q. Doe [Street address] [City, ID ZIP] Phone: (###) ###-#### Email: jane@example.com Defendant, Self-Represented ``` See `id-statewide-format` for the full caption and signature conventions, including the attorney/party block seated above the title of court. ## Service — process (I.R.C.P. 4) vs. subsequent papers (I.R.C.P. 5) - **Initial process.** Service of the **summons and complaint** is governed by **I.R.C.P. 4**, including who may serve, the permitted methods, and the proof-of-service requirement. The summons must be **served within 182 days of filing** the complaint. Confirm the method and the return requirement against the current rule — see `id-first-30-days` and the venue skills. - **Subsequent papers.** After the initial pleading, **I.R.C.P. 5** governs service of every later paper (motions, notices, responses) on the other parties or their attorneys of record. Permitted methods include personal delivery, mail to the last-known address, and — where the party has consented — electronic service through iCourt. - File a **certificate of service** stating who was served, when, and how. See `id-statewide-format` for the template; for service-method deadline add-ons (the **+3 days** when a period runs from service by mail under I.R.C.P. 2.2), use `id-deadlines`. ## iCourt E-File — the opt-in consequence for self-represented filers Idaho's statewide e-filing portal is **iCourt E-File** (Odyssey File & Serve), governed by the **I.R.E.F.S.** - **E-filing is mandatory for attorneys** (I.R.E.F.S. 4(a)) but **optional for self-represented individuals** (I.R.E.F.S. 4(b)). - **Important consequence:** once a self-represented party **opts in to e-filing, they are bound to e-file for the life of the case** — you cannot e-file one document and then revert to paper. Decide deliberately before the first electronic submission. - **E-filing constitutes consent to electronic service** (I.R.E.F.S. 17), and documents must meet the **PDF / size requirements** of I.R.E.F.S. 6. - The Odyssey **Guide & File** interview assists self-represented filers with assembly and submission. Confirm whether your court expects paper or e-filing for self-represented parties, and which document types are accepted — see `id-file-packet`. ## Fee waiver / deferral A filer who cannot afford court fees may apply to the court to **waive or defer** filing fees and costs. Eligibility is keyed to indigency (public-assistance receipt, income below the operative threshold, or inability to pay without substantial hardship). File the application with (or before) the document that triggers the fee, using the CAO fee-waiver form. Confirm the current standard and the operative form rather than a fixed income figure (the threshold drifts — see `id-law-references`). ## Interpreters and ADA accommodations - **Court interpreters.** Idaho courts provide a foreign-language or sign-language interpreter for a limited-English-proficient or deaf / hard-of-hearing party or witness in the cases the rules cover. Request one from the clerk early. - **ADA accommodations.** Idaho courts provide reasonable accommodations for litigants with disabilities (a request form is published). Request well before the hearing date. ## Picking the right court / tier A self-represented filer must route to the correct trial court and tier: | Court / tier | Civil scope | |---|---| | **District Court** (district judge) | Civil claims **over $5,000**; equity; felonies; appeals from the Magistrate Division | | **Magistrate Division** (magistrate judge) | Civil claims **$5,000 or less** (I.C. § 1-2208); eviction (forcible entry / unlawful detainer); probate; **all family-law actions**; misdemeanors; traffic; juvenile | | **Small Claims Department** | Claims **up to $5,000** (I.C. § 1-2301); no punitive damages; no pain-and-suffering; simplified, attorney-optional | Route to the venue skill for your court: `id-ada` (Ada County / Fourth District, Boise), `id-bonneville` (Bonneville County / Seventh District, Idaho Falls), `id-county-courts` (other counties and judicial districts), and `id-family-court` (Magistrate-Division family mechanics). The clerk's office and the Court Assistance Office can explain filing mechanics and fees but **cannot give legal advice.** ## Common self-represented pitfalls in Idaho 1. **Drafting from scratch when a CAO statewide form exists** — check the Court Assistance Office and Guide & File first; the form is expected. 2. **Writing "N/A" for the ISB number** — omit the field and add "Self-Represented" with your role instead. 3. **Opting in to iCourt e-filing without realizing it locks you in** — once you e-file, you must e-file for the life of the case (I.R.E.F.S. 4(b)). 4. **Underweighting the I.R.C.P. 11 certification** — sanctions reach self-represented filers; the signature is a sworn-quality representation. 5. **Confusing process service (I.R.C.P. 4, summons within 182 days) with later-paper service (I.R.C.P. 5)** — they have different mechanics and proofs. 6. **Filing in the wrong tier** — confirm District Court vs. Magistrate Division vs. Small Claims against the amount and subject matter first ($5,000 line; family always Magistrate). 7. **Forgetting the page-1 layout** — the title of court must begin ≥ 3" from the top and the document title must appear at the bottom of each page (I.R.C.P. 2); see `id-statewide-format`. ## Composition - Format and signature block: `id-statewide-format` - Drafting scaffolders: `id-draft-motion`, `id-draft-declaration` (affidavits / declarations / verifications), `id-draft-note` (notices of hearing), `id-draft-order` (proposed orders — signed only by the judge) - Answer and first responses (21-day answer, I.R.C.P. 12(a)): `id-first-30-days` - Deadline math (I.R.C.P. 2.2 computation, mail-service add-on): `id-deadlines` - Filing and e-filing: `id-file-packet` - Subject bundle: `id-consumer-debt`; family: `id-family-law`, `id-family-court` - Venue overlay: `id-ada`, `id-bonneville`, `id-county-courts` ## References - `id-law-references` — canonical I.R.C.P., I.R.E., I.R.E.F.S., Idaho Code, and Idaho-form pointers - Confirm current CAO / Guide & File form revisions, the fee-waiver standard, the $5,000 Magistrate-Division / Small-Claims cap (I.C. § 1-2208 / § 1-2301), and iCourt E-File requirements at isc.idaho.gov before filing