Amends existing law to revise provisions regarding the scope of a claim and attorney's fees.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1330 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO THE SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION; AMENDING2 SECTION 1-2301, IDAHO CODE, TO REVISE A PROVISION REGARDING THE SCOPE OF3 A CLAIM; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 1-2301, Idaho Code, be, and the same is hereby6 amended to read as follows:7 1-2301. SMALL CLAIMS DEPARTMENT -- CREATION -- SCOPE OF CLAIMS --8 VENUE. In every magistrate's division of the district court of this state,9 the district court may create and organize a "Small Claims Department of10 the Magistrate's Division," which shall have jurisdiction in cases for the11 recovery of money where the amount of each claim does not exceed five fifteen12 thousand dollars ($5,000) ($15,000), and in cases for the recovery of per-13 sonal property where the value of the property does not exceed five fifteen14 thousand dollars ($5,000) ($15,000); provided however, that the small15 claims department shall not award punitive damages or damages for pain or16 suffering in any proceeding. Any action brought in a small claims department17 of the magistrate's division shall be brought in the magistrate's division18 in the county where the defendant resides or the county where the cause of ac-19 tion arose. A defendant may request a change of venue if an action is brought20 in an improper county.21

SECTION 2. An emergency existing therefor, which emergency is hereby22 declared to exist, this act shall be in full force and effect on and after23 July 1, 2026.24