H05812026 Regular Session✓ Signed into law

Amends existing law to authorize the Idaho Legislature to review court rules in certain instances.

IDAHO SUPREME COURT -- Amends existing law to authorize the Idaho Legislature to review court rules in certain instances.

IDAHO SUPREME COURT

IntroducedIn CommitteeFloor VoteEnacted

STATEMENT OF PURPOSE

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This bill authorizes the Idaho Legislature to review any court rules and sets up a process to identify any conflicts between a court rule and Idaho Code.

FISCAL NOTE

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This bill is not anticipated to have a direct fiscal impact on state or local government expenditures or revenues, as it establishes a review and process rather than mandating new funding, staffing, or operational changes. Any minor costs (e.g., drafting resolutions) would be absorbed within existing legislative resources.

SOP revised: 02/18/2026, 3:21 PM

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 581 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO THE IDAHO SUPREME COURT; AMENDING SECTION 1-213, IDAHO CODE, TO2 AUTHORIZE THE IDAHO LEGISLATURE TO REVIEW COURT RULES IN CERTAIN IN-3 STANCES AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY4 AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 1-213, Idaho Code, be, and the same is hereby7 amended to read as follows:8 1-213. DUTY TO MAKE RULES -- LIMITATION. (1) The Supreme Court supreme9 court shall prescribe, by general rules, for all the courts of Idaho, the10 forms of process, writs, pleadings and motions, the manner of service, time11 for appearance, and the practice and procedure in all actions and proceed-12 ings. Said rules shall neither abridge, enlarge, nor modify the substantive13 rights of any litigant.14 (2) The Idaho legislature may review any court rules, including but not15 limited to the Idaho rules of family law procedure, the Idaho court adminis-16 trative rules, or the Idaho juvenile rules. Upon any finding of conflict be-17 tween court rule and Idaho Code, of rules abridging, enlarging, or modifying18 substantive rights, the legislature shall advise the supreme court of such19 conflict through a house or senate resolution.20

SECTION 2. An emergency existing therefor, which emergency is hereby21 declared to exist, this act shall be in full force and effect on and after22 July 1, 2026.23