UNITED STATES DISTRICT COURT - FOR THE DISTRICT OF IDAHO

PRO SE HANDBOOK
The Manual for the Litigant Filing Without Counsel
Prepared by: Le Parker
May 1997, 2nd Edition

Necessity of Exhausting Available Remedies

Prepared by: Lisa Mesler
Reviewed and Edited by: Lisa Mesler - Jeanie Loera - Suzi Butler
September 1995

GUIDELINES TO FILING YOUR OWN CASE IN FEDERAL COURT

I. Introduction

II. The Five Required Elements of a Lawsuit

A. Real Injury or Wrong

B. Jurisdiction

C. Statute of Limitations

D. Immunity

E. Facts and Evidence

III. Representation by an Attorney: It’s Important.

A. Alternatives to Going to Court

 1. Arbitration
2. Mediation
3. Settlement Conference

B. Necessity of Exhausting Available Remedies

1. Administrative Grievance Procedures

2. Petition for Writ of Habeas Corpus

C. Attorney Fee Sanctions and How They Apply to the Pro Se Litigant

IV. The Structure of the Courts: Should This Case be Filed in State or Federal Court?

V. Rules and Procedures for Filing a Case in District Court.

A. Procedures Found in the Local Rules

B. Procedures on Filing and Time Lines

C. Forms Index

-- Forms to be used by Pro Se Litigants

--Forms to be used by Prisoner Pro Se Litigants

VI. Trial Procedures:

A. Pretrial Conference and Order

B. The Trial -- The Role of the Judge and Jury

C. Selection of the Jury

D. Opening Statements

E. Testimony of Witnesses

F. Motions During the Course of the Trial

1. Motion in Limine
2. Motion for Instructed or Directed Verdict
3. Motion for Mistrial
4. Objections

G. Rebuttal Testimony

H. Closing Arguments

I. Charge to the Jury

J. Mistrial

K. Preparation of Judgment

L. Costs

M. Satisfaction of Judgment
VII. Legal Research -- An Overview

VIII. Glossary Glossary

A. Common Legal Terminology Glossary

B. Commonly Used Foreign Terminology Glossary

CHAPTER I.

INTRODUCTION

Welcome to the United States District Court for the District of Idaho. We have prepared this handbook
specifically for the person who has chosen, for whatever reason, to represent himself/herself as a party
to a lawsuit: the pro se litigant. The purpose of this handbook is to provide the pro se litigant with a
practical and informative initial resource that will assist in the decision-making process and in the filing
of a lawsuit when choosing not to retain the aid of a licensed attorney. Many reasons exist for filing a
lawsuit pro se, for example, the litigant might feel that the cost of an attorney is prohibitive.

The next three chapters of this handbook provide information that you should consider before filing
your own lawsuit such as whether or not you have a case you can win, the importance of legal counsel
and the alternatives, and the structure of the federal court system. If after considering this information,
you feel you have a case that should be filed in federal court and you wish to represent yourself,
additional information has been provided to assist you in filing your case and utilizing the appropriate
rules of procedure for the United States District Court for the District of Idaho.

We have also provided an overview of legal research and a glossary of common and foreign words
regularly used in the legal field. These tools should not be considered the last word, nor should this
entire handbook be used as your only resource. This handbook should be considered only as the first
step in filing your own lawsuit.

As Clerk of Court for the District of Idaho, my deputy clerks and I are willing to assist you with
questions regarding the Local Rules of Civil Procedure and the Local Rules of Criminal Procedure for
the District of Idaho as well as the Federal Rules of Civil Procedure and the Federal Criminal Rules of
Procedure. However, by law we cannot answer questions of a legal nature. Do not hesitate to call on us
regarding a procedural matter.

We wish you the very best in your endeavor. The mission statement for the United States District Court
for the District of Idaho is as follows:

The mission of the United States District and Bankruptcy Courts for the District of Idaho is to provide
an impartial and accessible forum for the just, timely, and economical resolution of legal proceedings
within the jurisdiction of the courts, so as to preserve judicial independence, protect individual rights
and liberties, and promote public trust and confidence.

Those of us employed by the District of Idaho take this mission statement very seriously. In order to
provide the impartial and accessible forum that you are entitled to, the federal courts for Idaho are
housed in the main courthouse in Boise and three satellite courthouses throughout the state. The
addresses and telephone numbers are as follows:

U.S. District Court - District of Idaho

550 West Fort Street
Boise, ID 83724
(208) 334-1361

U.S. District Court - District of Idaho

250 S. 4th Avenue
 Pocatello, ID 83201
(208) 236-6912

U.S. District Court - District of Idaho

220 East 5th Street
Moscow, ID 83843
(208) 882-7612

U.S. District Court - District of Idaho

205 N. 4th, 2nd Floor
Coeur d'Alene, ID 83814
(208) 664-4925

CHAPTER II.

THE FIVE REQUIRED ELEMENTS OF A LAWSUIT

There are five very important elements that must exist before you can file a case in federal court. The
following is a summary of the things you should consider before filing a case in federal court. This
summary is not to be considered the final word. Before continuing, you must understand that even if
you have met all five elements, there is always a possibility that you may not win.

THE FIVE REQUIRED ELEMENTS OF A LAWSUIT

A. Real Injury or Wrong.

B. Jurisdiction.

C. Statute of Limitations.

D. Immunity.

E. Facts and Evidence.

A. REAL INJURY OR WRONG.

Cases brought by persons without counsel typically fall into two categories: civil rights violations and
tort claims.

A civil rights case involves a claim seeking redress for the violation of a person's constitutional rights.
This type of claim is often brought under the federal statute, 42 U.S.C. S 1983. Under this law, a person
who acts under color of state law to violate another's constitutional rights may be liable for damages.

A tort is defined as a "private or civil wrong or injury." It is distinguished from criminal law because it
is an injury against an individual and not the state (city, county, or state government). If a person ran a
stoplight and hit your car, the state would ticket the driver for running the stoplight but it would not be
able to sue the driver for the injuries received by the victim of the other car. That is considered a private
wrong or injury and it is the right of the victim to file a civil suit against the driver seeking damages for
the injuries received.

There are three types of torts: intentional, negligence, and strict liability. You cannot sue someone just
because you are angry at them; you have to have been injured in some way. You can bring a tort action
in federal court if a violation of a federal law has occurred.

B. JURISDICTION

Jurisdiction is the authority given a court to hear and decide certain cases. For a court to render a valid
judgment, it must have both jurisdiction over the subject matter of the controversy and jurisdiction over
the persons or entities involved. The court system is described more fully in Chapter IV of this
handbook; however, to file a case in federal court, you must meet at least one of two important criteria:

1. The case must deal with a "federal question" of law; or

2. The parties to the case must be residents of different states (known as diversity of
citizenship) and the monetary amount in controversy must exceed $75,000

Federal courts enforce "federal law," that is, the United States Constitution and federal statutes enacted
by Congress. State courts enforce state laws. Sometimes they overlap, such as in diversity cases. This is
why it is important that legal counsel is obtained as often as possible.

C. STATUTE OF LIMITATIONS.

A statute of limitations is that part of the statute that sets a particular period of time within which a suit
can be filed. It begins to run when the injury or right has been violated. Some examples are as follows:

1. Car accident or other personal injury: 2 years

2. Civil rights violation: 2 years
3. Contract dispute: 6 years
4. Medical malpractice: 2 1/2 years

D. IMMUNITY.

Immunity prohibits you from suing a person who is performing his/her duties as prescribed by law.
When a judge decides a case, he is immune from suit because he is performing the duties directed by
law. However, if a judge has operated his car illegally and caused you to be harmed, you can sue him
for damages because driving his car does not fall under the duties of being a judge.

Most government employees are immune from suit if they are performing their assigned duties and are
not aware of a violation of the law.

You should realize that immunity may be a defense that prevents a person who is sued from being
liable. There may be other legal defenses that the person can assert which will also protect them from
liability.

All judges are subject to the Code of Conduct for United States Judges. The Clerk of Court and Clerk's
Office staff members are subject to the Code of Conduct for Judicial Employees. Part of the codes of
conduct prohibit Clerk's Office employees from accepting any gift, without exception, from anyone
seeking official action from or doing business with the court or from anyone whose interests may be
substantially affected by the performance or nonperformance of official duties. This prohibition includes
accepting any sort of holiday gift, whether intended for the Clerk's Office as a whole or for a specific
individual.

Complaints about the performance or behavior of Clerk's Office staff should be made to the Clerk of
Court or to one of the judges. Complaints about judges' decisions on procedural matters or the merits of
disputes can only be addressed through the regular appellate process. Any person alleging that a judge
has engaged in conduct prejudicial to the effective and expeditious administration of the business of the
courts, or that a judge is unable to discharge all the duties of the office by reason of mental or physical
disability may file a complaint pursuant to the Rules of the Tenth Circuit Judicial Council Governing
Complaints of Judicial Misconduct or Disability.

E. FACTS AND EVIDENCE.

You cannot sue someone because you believe or you have a feeling the person has violated your rights.
You must have facts to support your lawsuit such as the time and place of the incident, witnesses who
observed the behavior, and actual articles of evidence such as a gun or a police report or other
observed the behavior, and actual articles of evidence such as a gun or a police report or other
documentary evidence. The burden of proof is on the plaintiff to win the case; and without factual
evidence, the case cannot be won.

It is very important that you have all five required elements before you consider filing a case against
someone or some entity. After all of these elements are met, you must still follow the procedures set out
for the particular court you will file your case with. In Chapter V of this handbook, we will discuss the
rules and procedures for filing lawsuits in the United States District Court for the District of Idaho. If
your case needs to be filed in any other court, you should contact the clerk's office of that court for
information regarding local rules and procedures for filing your particular case.

Chapter III deals with information regarding representation by legal counsel. Please take time to read
the information provided. There are alternatives to filing a lawsuit on your own, and you should give
these alternatives your utmost consideration.

CHAPTER III.

REPRESENTATION BY AN ATTORNEY: IT'S IMPORTANT

This handbook was developed to address the needs of the litigant who wishes to file a lawsuit pro se,
without the aid of an attorney. However, we feel it is very important that the pro se litigant understand
that there are alternatives to representing yourself if you are indigent. Additionally, there are matters that
are extremely complex and each matter deserves appropriate representation.

In a criminal case, a defendant is entitled to legal counsel by the United States Constitution and one can
be provided if indigence is shown on the part of the defendant. However, in a civil case, the plaintiff is
not entitled to an attorney. There are organizations that can help obtain counsel in civil matters for
nominal fees or even on a volunteer basis. The Idaho State Bar has a referral service that lists attorneys
who belong to the Idaho Volunteer Lawyers and they are willing to help indigent parties in several
different ways. Legal Aid Services is also available as well as the American Civil Liberties Union.
There are also attorneys who would be willing to represent you on a contingent fee basis where the
attorney collects a fee only if money is won in the suit.

In Idaho, the telephone numbers to call are:

Idaho State Bar: (208) 342-8958

Idaho Legal Aid Services, Inc.: (208) 345-0106
American Civil Liberties Union: (208) 344-5243

A. ALTERNATIVES TO LITIGATION IN FEDERAL COURT.

Under the Civil Justice Reform Act of 1990, the United States District Court for the District of Idaho
has adopted the concept of Alternative Dispute Resolution (ADR). ADR provides options of resolving
disputes before and/or after a lawsuit is filed. There are many forms of ADR, and the following is a
description of the four basic forms:

1. Arbitration: A dispute resolution process in which one or more arbitrators issue a non-binding
judgment on the merits after an expedited, adversarial hearing. The arbitrator’s non-binding decision
addresses only the disputed legal issues and applies legal standards. Either party may reject the non-
binding ruling and request a trial de novo in district court within 30 days of the arbitrator’s decision. If
they do not request trial de novo and do not attempt settlement, the arbitrator’s decision becomes the
final, non-appealable decision.

2. Mediation: A flexible, non-binding dispute resolution process in which an impartial neutral third
party--the mediator--facilitates negotiations among the parties to help them reach settlement. A
hallmark of mediation is its capacity to expand traditional settlement discussions and broaden resolution
options, often by going beyond the legal issues in controversy. In the District of Idaho, all civil cases
except prisoner petitions, Social Security, student loan recovery, Medicare, forfeiture, Bankruptcy
appeals, federal tax suits, Federal Tort Claims Act cases in excess of $1 million, cases involving
Temporary Restraining Orders, Preliminary Injunctions or other extraordinary injunctive relief will be
automatically assigned to mediation. In addition, all Bankruptcy adversary proceedings and contested
cases shall be eligible for assignment to mediation. A party will be allowed to “opt out” of the
mediation process only upon successfully demonstrating to the Court by motion that “compelling
reasons” exist as to why this mediation should not occur or could not possibly be productive. Mediation
is governed by General Order #130.

3. Settlement Pursuant to Local Rule 68.1, Settlement Conferences, the parties

Conference: are required to explore the possibility of settlement prior to trial. At any time after an action
or proceeding is at issue, any party may file a request for, or the assigned judge on his own initiative
may order a settlement conference. A conference is then held before an assigned judge who facilitates
the parties to come to settlement. All information provided to the settlement judge is confidential.

The purpose of ADR is to provide an incentive for the speedy, fair, and economical resolution of
controversies by informal procedures while preserving the right to a conventional trial. There is no
penalty for non-participation in these programs or for not accepting the decision/award. Parties retain
the right for a trial de novo.

United States Arbitration & Mediation of Idaho provides information and facilitation of the above
alternatives prior to filing a lawsuit in federal court. Its address and telephone number are as follows:

P. O. Box 7803
Boise, ID 83707

(208) 338-7770

B. NECESSITY OF EXHAUSTING AVAILABLE REMEDIES.

You should be aware that, in some instances, it is necessary for you to pursue all remedies that may be
available before you can pursue a claim in court. There are two areas in particular where this is likely to
arise: (1) if you are appealing an agency decision, or (2) if you are seeking a writ of habeas corpus in the
federal court.

1. Administrative Grievance Procedures.

Often times people want to appeal the decision of some governmental agency that affects them. An
example of this is in the area of Social Security benefits.

If you want to appeal the denial of some benefit that is provided through an agency of the United States
government or the state of Idaho, you must pursue all of the administrative procedures which are set up
by the agency before you can bring a lawsuit. Only after you have pursued and exhausted the
administrative procedure will the court have jurisdiction to hear a claim.

2. Petition for Writ of Habeas Corpus.

A person who is incarcerated or is otherwise in custody pursuant to court order may wish to challenge
the fact or duration of his confinement. Such a challenge would be brought as a petition for writ of
habeas corpus against the person or entity who holds them in custody, e.g., state or county. If the person
can successfully show that a constitutional right was violated, which would have otherwise prevented
the incarceration ("fact of incarceration") or the duration of the incarceration the court will grant a writ
of habeas corpus.

However, before such a petition can be filed in the federal court, the petitioner must pursue and exhaust
all available state law remedies. This means that if you want to challenge a conviction or a sentence, you
must pursue your right of appeal under Idaho law. This may be accomplished in two ways: (1) the direct
right of appeal to the Idaho Supreme Court, or (2) by filing a petition for post-conviction relief in the
state district court followed by an appeal to the Idaho Supreme Court. Only after you have fully pursued
the available state law remedies will you be eligible to pursue a federal petition for writ of habeas
corpus.

C. ATTORNEY FEE SANCTIONS AND HOW THEY APPLY TO THE PRO SE LITIGANT.

Pro se litigants are subject to the same sanctions as licensed attorneys. Pursuant to Local Rule 1.3,
Sanctions:

(a) The court may sanction for violation of any local rule governing the form of pleadings and other
papers filed with the court only by the imposition of a fine against the attorney or a person proceeding
pro se.

(b) Other sanctions for non-technical violations are provided through the Federal Rules of Civil
Procedure including but not limited to imposition of costs, allowance of attorney fees, dismissal or
default in the action, contempt proceedings, and suspension or disbarment of counsel.

In many cases, the prevailing party may be awarded costs to be paid by the non-prevailing party under
certain conditions.

Pursuant to Local Rule 54.1, Taxation of Costs:

(a) Within ten (10) days after entry of judgment, under which costs may be claimed, the prevailing party
may serve and file a cost bill requesting taxation of costs itemized thereon.

These costs shall include clerk's fees and service fees; trial transcripts; deposition costs; witness fees;
mileage and subsistence; exemplification and copies of papers; maps, charts, models, photographs,
summaries, computations, and statistical summaries; interpreter fees; docket fees; and other items with
prior court approval.

Local Rule 54.3, Award of Attorney Fees, states that "attorney fees will not be treated as routine items
of costs. Attorney fees will only be allowed upon an order of a judge of the court after such fact finding
process as the judge shall order." Rule 54.3 sets out the requirements for petitioning the court for an
award of award fees; and after the petition is filed by the prevailing party, the other party has fourteen
days to object to the award.

As a pro se litigant, you must remember that if you are not the prevailing party in your lawsuit, you
could be required to reimburse the other party(ies) for their costs and attorney fees, subject to the fact
finding of the judge.

NOTE: The following paragraph is quoted from the Federal Rules of Civil Procedure:

Rule 11. Signing of Pleadings, Motions, and Other Papers; Sanctions

Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least
one attorney of record in the attorney's individual name, whose address shall be stated. A party who is
not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's
address. . . . The signature of an attorney or party constitutes a certificate by the signer that the signer
has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information,
and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or
a good faith argument for the extension, modification, or reversal of existing law, and that it is not
interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless
increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken
unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a
pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its
own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate
sanction, which may include an order to pay to the other party or parties the amount of the reasonable
expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable
attorney's fee.

CHAPTER IV.

THE STRUCTURE OF THE COURTS

OR
SHOULD THIS CASE BE FILED IN STATE OR FEDERAL COURT?

There are two court systems in the United States: the state courts and the federal courts. The state courts
typically hear matters relating to civil, criminal, domestic (divorce and child custody), probate, and
property in accordance with the laws of each state. Matters typically heard by the federal courts involve
violation of federal laws; admiralty and maritime matters; United States patent, trademark, and
copyright matters; bankruptcy proceedings; proceedings against ambassadors, consuls, and ministers.
These matters usually fall into two main categories: (1) federal question cases -- cases which arise
under the Constitution, laws, or treaties of the United States; and (2) diversity cases -- civil matters
arising between parties who are citizens of different states and the amount in controversy exceeds
$75,000.

Remember, in Chapter II we discussed the five required elements of a lawsuit. Before filing a case in a
federal court, you must decide if the court has jurisdiction. Jurisdiction is the authority given a court to
hear and decide certain cases. The United States Supreme Court is given its authority by Article III of
the United States Constitution. There may be instances when the United States Supreme Court might
review a judgment rendered by a state court, but those instances are rare, occurring only when there has
been a final judgment or decree of the highest court of the state in which a decision could be had
involving a substantial federal question. Normally, the United States Supreme Court reviews judgments
rendered by the United States Courts of Appeals, of which there are thirteen federal judicial circuits. The
United States Supreme Court has original jurisdiction over matters involving treason and presidential
impeachment.

The following are all of the other federal courts which are established and given their authority by acts of
Congress enacted under constitutional authority.

o United States Courts of Appeals:

- The Courts of Appeals for the District of Columbia and for the First through the Eleventh Circuits hear
appeals from the federal district courts, bankruptcy courts, and tax courts. They also review some
decisions of various federal administrative agencies.

- The United States Court of Appeals for the Federal Circuit hears appeals from final decisions of
federal district courts for civil actions arising under any Act of Congress relating to patents, plant
variety protection, copyrights and trademarks, including claims of unfair competition when joined with
substantial and related claims dealing with patents, copyrights, etc. as well as the final decisions of the
district courts and the United States Claims Court where the United States is sued as defendant, and
appeals from decisions of the United States Court of International Trade, and United States Patent and
Trademark Office, the United States International Trade Commission relating to unfair import practices,
and decisions by the Secretary of Commerce relating to import tariffs, among others.

o United States Court of Military Appeals. This court hears appeals from court martial decisions. There
is no further appeal from this court.

o United States Claims Court. This court hears certain kinds of actions against the United States
Government, except those involving tort claims under the Federal Tort Claims Act. These cases may be
appealed to the United States Court of Appeals for the Federal Circuit.

o Tax Court of the United States. This court hears cases concerning the federal tax laws. Its decisions
may be appealed to the United States Court of Appeals.
o United States Court of International Trade. This court hears cases concerning the federal tariff laws.
Its decisions may be appealed to the United States Court of Appeals for the Federal Circuit.

o United States Bankruptcy Courts. These courts hear all matters pertaining to bankruptcy and financial
reorganization. Their decisions may be appealed to the United States District Court and, in some cases,
to the appropriate United States Court of Appeals.

o United States District Courts. These courts try both criminal and civil actions and sit as admiralty
courts. They may also review decisions of federal administrative agencies. There is at least one United
States District Court in each state. Their decisions may be appealed to the appropriate United States
Court of Appeals.

NOTE: The United States District Court for the District of Idaho is located in the Ninth Circuit of
the United States Courts of Appeals.

The federal district courts have both civil and criminal jurisdiction. They have original jurisdiction in
the following types of actions:

o Civil actions arising under the Constitution, laws, or treaties of the United States ("federal question"
cases).

o Actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest
and costs, and is between citizens of different states; citizens of a state and foreign states or citizens or
subjects thereof; or citizens of different states in which foreign states or citizens or subjects thereof are
additional parties ("diversity" cases).

o All criminal offenses against the laws of the United States.

o Admiralty, maritime, and prize cases.

o Bankruptcy matters and proceedings.

o Actions of interpleader involving money or property of value of $500 or more claimed by citizens of
different states.

o Action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Interstate
Commerce Commission.

o Actions or proceedings arising under any act of Congress regulating commerce or protecting trade and
commerce against restraints and monopolies ("antitrust" cases).

o Any civil action arising under any act of Congress relating to the postal service.

o Actions arising under any act of Congress providing for internal revenue or revenue from imports or
tonnage except matters within the jurisdiction of the United States Customs Court.

o Any civil action authorized by law to be commenced by any person dealing with civil rights, election
disputes, and voting rights.

o All civil actions, suits, or proceedings commenced by the United States or by any agency or officer
thereof.

o Actions for recovery of interest revenue tax or actions not exceeding $10,000, founded upon the
United States Constitution, any action of Congress, or any regulation of any executive department (The
United States Court of Claims has concurrent jurisdiction in these actions).

o Actions for the partition of lands where the United States is one of the tenants in common or is a joint
tenant.
o Actions involving national banks and other federal corporations.

o Actions involving labor disputes which are authorized by specific statutes to be litigated in federal
court.

o Aliens' actions for torts.

o Tort claim actions against the United States.

o Actions and proceedings against consuls or vice consuls of foreign states.

o Actions on bonds executed under any law of the United States (state courts have concurrent
jurisdiction in these actions).

o Actions involving Indian allotments or land grants to the states.

o Actions involving injuries protected by specific federal laws (i.e., the Federal Employers Liability
Act).

o All proceedings to condemn real estate for the use of the United States or its departments or agencies.

o Actions involving use or management of the public lands of the United States.

o Actions involving regulations by the United States of environmental quality.

CHAPTER V.

RULES AND PROCEDURES FOR FILING A CASE IN DISTRICT COURT

Whether you are a party to a lawsuit, a person representing yourself in a lawsuit, or an attorney
representing a party in a lawsuit, you are subject to the rules of procedure for any court in which your
case is filed. The federal courts are governed by the Federal Rules of Civil Procedure (Fed. R. Civ. P.)
and the Federal Rules of Criminal Procedure (Fed. R. Cr. P.) as well as other rules of procedure
regarding other areas such as evidence, appeals, etc. No matter what document or procedure you are
involved with, you must follow the particular rule or rules that govern the matter.

In the United States District Court for the District of Idaho, all procedures are governed not only by the
federal rules of procedure listed above but also by the Local Rules of Civil Procedure and the Local
Rules of Criminal Procedure. The numbering system of the Local Rules coincides with the numbering
system of the federal rules for easy reference. Copies of the federal rules can be found at the Idaho State
Law Library, 450 West State Street, Boise, Idaho, or at the Ninth Circuit Law Library located in the
Federal Building and U.S. Courthouse, 550 West Fort Street, Boise, Idaho.

Copies of the Local Rules for the District of Idaho can be obtained at any of the offices listed in Chapter
I of this handbook. As a pro se litigant, you are responsible for becoming familiar with the court's local
rules and procedures.

A. PROCEDURES FOUND IN THE LOCAL RULES.

1.. GENERAL FORMAT OF PLEADINGS: Rule 5.1.

2. PROOF OF SERVICE: Rule 5.2
3. COPIES OF ORDERS AND ENVELOPES: Rule 5.4
4. NON-FILING OF DISCOVERY PLEADINGS: Rule 5.5
5. MOTION PRACTICE: Rule 7.1
6. REQUESTS AND ORDERS TO SHORTEN OR EXTEND TIME OR CONTINUE TRIAL DATES:
Rule 7.3
Rule 7.3
7. STIPULATIONS: Rule 7.4
8. FORM OF A MOTION TO AMEND AND ITS SUPPORTING DOCUMENTATION: Rule 15.1
9. PRE-TRIAL PROCEDURES: Rule 16.1
10. INFANTS AND INCOMPETENT PERSONS: Rule 17.1
12. REQUIREMENTS OF DISCLOSURE OF FACTS: Rule 26.2
13. LIMITATION ON DEPOSITIONS: Rule 30.1
14. LIMITATION ON INTERROGATORIES: Rule 33.1
15. NOTATION OF “JURY DEMAND” IN THE PLEADING: Rule 38.1

Be Aware: This is NOT a complete list of the Local Rules for the District of Idaho. You will need to
make yourself familiar with all of the Local Rules.

B. PROCEDURES ON FILING AND TIME LINES:

PLEADING DESCRIPTION RULE TIME

1. Civil The document that must accompany the complaint and summons LR5.1(d) Initial
Cover Sheet before filing can occur. (Form 1.) filing.
2. Complaint Sets out the parties, the controversy and the governing law, LR 3.1 Initial
allegations, statements of facts, and demand for relief. filing.
LR5.1(b)

FRCP 10
3. Summons Issued by the Clerk at the time of filing the complaint, the FRCP 4 Issued
summons is served on the defendant with a copy of the with the
complaint. A Waiver of Service of Summons can also be served LR 5.2 seal of the
on the defendant with a copy of the complaint. (Forms Index: Clerk.
C.4 and C.5) The summons informs the defendant that they must
answer the allegations in the complaint or judgment will be
entered in favor of the plaintiff.

(Form 2.)
4. Motions To seek an order from the court on some particular matter LR 7.1 Motions
and proposed during the pendency of a case. Either party may bring. are filed
orders. LR 5.4 with the
Clerk and
FRCP 11 proposed
& 12 Orders are
sent to the
respective
Judge’s
office for
review.
5. Response The other party is entitled to respond to a motion. FRCP 6 Within 14
to motions. days of
LR 7.1 when the
(a)(2) motion
was
served.
6. Proof of Whenever a document is filed with the court, there must be a LR 5.2 Attached
Service proof of service certificate included, which certifies that a copy to the
Requirement. of the document was sent to the other party. document
served and
filed with
the Clerk.
7. Copies of When motions and stipulations are filed, you are required to LR 5.4 Received
Pleadings include copies of the proposed order and stamped, addressed by the
envelopes for each of the parties to be served. Clerk and
forwarded
to the
Judge for
review.
8. Discovery Initial disclosures, disclosure of expert testimony, notices of LR 5.5 Documents
depositions, depositions, interrogatories, requests for documents, are
requests for admission, and answers and responses thereto shall LR 26.2 exchanged
be served upon other counsel and parties but shall NOT be filed between
with the court unless on order of the court or for use in the the parties
proceeding. prior to
certain
deadlines.
9. Pretrial All rules governing all Pretrial requirements and hearings are set LR16.1
Procedures out in this rule.

C. FORMS INDEX

-- Forms to be used by Pro Se Litigants:

1. CIVIL COVER SHEET

2. SUMMONS IN A CIVIL ACTION

3. SUBPOENA IN A CIVIL ACTION

4. SCHEDULING CONFERENCE FORM/LITIGATION PLAN INSTRUCTIONS

(When case is assigned to Article III Judge.)

a. Scheduling Conference Form/Litigation Plan Instructions

b. Notice of Availability of the Magistrate Judge to Exercise Civil Jurisdiction and

Appeal Option

c. Waiver of Service

d. Notice of Lawsuit and Request for Waiver of Service of Summons

e. Waiver of Service of Summons

5. NOTICE OF ASSIGNMENT TO MAGISTRATE JUDGE

a. General Order No. 98

b. Scheduling Conference Form/Litigation Plan Instructions

c. Scheduling Conference Form/Litigation Plan

d. Notice of Lawsuit and Request for Waiver of Service of Summons

e. Waiver of Service of Summons

6. INSTRUCTIONS FOR FILING A COMPLAINT UNDER THE CIVIL RIGHTS ACT, 2 U.S.C.
SECTION 1983
7. CERTIFICATE OF SERVICE BY MAIL

-- Forms to be used by Prisoner Pro Se Litigants:

8. APPLICATION TO PROCEED IN FORMA PAUPERIS, SUPPORTING DOCUMENTATION

AND ORDER

9. INSTRUCTIONS FOR FILING A COMPLAINT BY A PRISONER UNDER THE CIVIL RIGHTS

ACT, 42 U.S.C. SECTION 1983

10. PETITION UNDER 28 U.S.C. SECTION 2255 FOR WRIT OF HABEAS CORPUS BY A
PERSON IN FEDERAL CUSTODY

11. PETITION UNDER 28 U.S.C. SECTION 2254 FOR WRIT OF HABEAS CORPUS BY A
PERSON IN STATE CUSTODY

CHAPTER VI

TRIAL PREPARATION

The Local Rules of the District of Idaho cover all phases of trial preparation from the pretrial conference
to the satisfaction of judgment. The following information is not meant to be all inclusive and you
should always consult the Federal Rules of Civil Procedure and the Local Rules of the United States
District Court for the District of Idaho to find out what the court requires of all parties when filing suit
and participating in trial. Local Rule 16.1 sets out those pretrial requirements that all parties should be
aware of. At the time of filing the initial complaint, parties must request a jury trial or court trial.

A. Pretrial Conference and Order

Prior to the actual trial, a pretrial conference is usually held between the trial judge and counsel to
determine if all discovery has been completed, what exhibits and witnesses each side might use during
the trial, the approximate length of time that will be necessary for the trial, and what ground rules the
judge will require before, during, and after the trial. After the conference, a pretrial order is usually
prepared which sets out the above.

B. The Trial -- The Role of the Judge and Jury

A trial is defined as "a judicial examination of issues between parties to an action." The parties each get
the opportunity to present their side of the case, and the judge and jury (if the trial is a jury trial) are
responsible for entering a verdict and judgment based on the evidence and arguments presented. It is the
judge's duty to see that only proper evidence and arguments are presented. In a jury trial, he also
instructs the jury which will be called on to make decisions regarding those matters at issue and then a
judgment is entered based on the verdict reached by the jury. Local Rule 58.1.

If the parties have not requested a trial by jury, Local Rule 38.1, the judge becomes the trier of law (the
judge) and the trier of fact (the jury). The judge then enters a Findings of Fact and Conclusions of Law,
sometimes prepared by the prevailing party, based on the evidence and arguments presented and then a
judgment is entered based on those findings of fact and conclusions of law.

C. Selection of the Jury

A jury trial begins with the judge choosing prospective jurors to be called for voir dire (examination).
Local Rule 47.1. The jury box shall be filled before examination on voir dire and the Court will
examine the jurors as to their qualifications. Not less than five (5) days before trial, the parties are to
submit written requests for voir dire questions. Unless otherwise ordered, six (6) jurors plus a number of
jurors equal to the total number of preemptory challenges which are allowed by law shall be called to
complete the initial panel. Local Rule 48.1. After voir dire of all prospective jurors, a jury of six (6) is
complete the initial panel. Local Rule 48.1. After voir dire of all prospective jurors, a jury of six (6) is
named and instructed by the judge regarding the issues they will be deciding. Local Rule 51.1.

Peremptory challenges: Each party has been given number of peremptory challenges established by law
which enable the parties to reject prospective jurors without cause. This decision is based on subjective
considerations of the parties when they feel a prospective juror would be detrimental to their side of this
case.

Challenge for Cause: Either the plaintiff or defendant may challenge a prospective juror for cause when
the prospective juror lacks a qualification required by law, is not impartial, is related to either of the
parties, or will not accept the law as given to him by the court or other reasons approved by the court..

D. Opening Statements

After the jury is empanelled, each side may present an opening statement. Local Rule 39.1. The
plaintiff has the burden of proving that plaintiff was wronged and suffered damages from such wrong
and that the defendant caused such damages; the plaintiff is therefore allowed to present his statement
first. This may be followed by a statement by the defendant.

E. Testimony of Witnesses

After opening statements are given, testimony of witnesses and documents are presented by each side,
plaintiff side to begin. Local Rule 43.1. Cross-examination is conducted by the other side after the
initial examination. If after a party has cross-examined a witness, the other side has the opportunity to
redirect examination in order to requisition the witness on the points covered by the cross-examination.

If a witness testifies to one fact and a statement or document in the files shows that testimony to be
contradicted, the document can then be used to question the witness on the accuracy of the witness's
statements. If the evidence produced shows that the witness’s testimony is false, the witness is
considered impeached upon cross-examination.

F. Motions During the Course of the Trial

Before the closing arguments and up until the time the case is sent to the jury for deliberation, certain
motions may be made during the course of the trial.

1. Motion in Limine: This motion is made prior to the jury selection and it requests that
the judge not allowed certain facts to be admitted into evidence--such as insurance
policies, subsequent marriages, criminal records, and other matters which are either not
relevant to the particular case involved or which might influence the jury unfairly.

2. Motion for Instructed or Directed Verdict: This motion is usually made by the
defendant at the close of evidence presented by the plaintiff’s side and is based on the
premise that the plaintiff has failed to prove his case. If it is granted, the court instructs
the jury to render a verdict for the defendant and against the plaintiff, and the trial is
concluded in the defendant’s favor. If the court denies the motion, the trial continues
with presentation of the defendant’s side.

3. Motion for Mistrial: Either party can move for a mistrial if, for example, during the
course of the trial certain matters which are not admissible such as those mentioned in a
motion for limine are presented by any witness either purposely or unintentionally in the
presence of the jury. If the jury grants the motion for mistrial, the trial is immediately
ended and the jury is dismissed.

4. Objections: During the examination of a witness, one side may “object” to the
questioning or testimony of a witness or presentation of evidence if the attorney feels the
testimony or evidence about to be given should be excluded. If the objection is sustained
by the judge, that particular testimony or evidence is excluded. If the objection is
overruled by the judge, the testimony or evidence may be given. A ruling on an
 objection may be the basis for appeal; however, in order to preserve the right to appeal,
a party must ask the court recorder that that portion of the trial--the question/evidence,
the objection, and the ruling-- be transcribed in order to preserve the record for later
appeal.

G. Rebuttal Testimony

After each side has presented its evidence, the plaintiff may be allowed to present some rebuttal
testimony.

H. Closing Arguments

Closing arguments to the jury set out the facts that each side has presented and the reasons why the jury
should find in favor of the client. Time limits are sometimes set by the court for closing arguments, and
each side must adhere to the specified time. The plaintiff presents closing argument first and may
present rebuttal to defendant’s closing argument. Local Rule 39.1.

I. Charge to the Jury

After each side presents testimony and evidence, the jury delivers his charge to the jury, usually in the
form of written instructions. Each side may present proposed written instructions to the judge for
consideration. After the judge has considered all proposed instructions, the jury is given each instruction
which sets forth the jury’s responsibility to decide the facts in light of the applicable rules of law. The
jury then returns a verdict granting favor to the plaintiff or defendant and assesses damages to be
awarded, if any.

J. Mistrial

If a jury is unable to reach a verdict, in which case the judge declares a mistrial, the case must be tried
again before a new jury. A jury which cannot reach a verdict is usually referred to as a hung jury.

K. Preparation of Judgment

Following the entry of the jury’s verdict, either side may give notice of its intention to appeal. The
judgment is prepared by the prevailing side and presented to the court for entry. These post-trial motions
usually set out why the jury’s verdict should be disregarded or why the judgment submitted by the other
side should be more in keeping with the jury’s verdict. Local Rule 58.1.

L. Costs

If the jury or the judge awarded costs to the prevailing party, it is necessary to prepare a bill of costs
incurred in the suit for the approval of the court. Costs are specified by Local Rule 54.1 as to what is
allowable, and only those costs listed as allowable may be recovered by the prevailing party. Within
fourteen (14) days after entry of judgment, under which the costs may be claimed, the prevailing party
may serve and file a cost bill requesting taxation of costs itemized thereon.

Claims for attorney fees will not be treated as routine items of costs. Attorney fees will only be allowed
upon an order of a judge of the court after such fact finding process as the judge shall order. Local Rule
54.3.

M. Satisfaction of Judgment

Whenever the amount directed to be paid by any judgment or order, together with interest (if interest
accrues) and the clerk’s statutory charges, shall be paid into court by payment to the clerk, the clerk
shall enter satisfaction of said judgment or order. The court will enter satisfaction of any judgment upon
receipt of an acknowledgment from the prevailing party that all awards have been satisfied. Local Rule
58.2.
 CHAPTER VII

LEGAL RESEARCH -- AN OVERVIEW

It is not the purpose of this chapter to teach the pro se litigant legal research and writing nor is it our
goal to sort out the complexities of applying the law, whether it be statutory or case law, to the facts of a
particular case. The law prohibits personnel in the Clerk's office from providing information regarding
the application of the law to the facts of any case. The intention here is to provide information that is
basic to a law library to be used as a guideline.

Just as there are certain standards of procedure for filing documents with the Clerk's office, there are
certain standards for citing authority when applying the law to the facts of a certain case. The most
common source of citation standards is A Uniform System of Citation, Fifteenth Edition, published and
distributed by The Harvard Law Review Association, Cambridge, Massachusetts. It is more commonly
referred to as "The Bluebook" and sometimes as the "The Harvard Citator." All of the information
required for proper citation format can be found in this one text.

Authority is the information used to convince a court how to apply the law to the facts of a case. Legal
authority is divided into two classes -- primary and secondary. There are two sources of primary
authority: (1) constitutions, codes, statutes, and ordinances; and (2) court decisions, preferably from the
same jurisdiction where the case is filed. Secondary authority, which is not cited except in certain
circumstances, is found in legal encyclopedias, legal texts, treatises, law review articles, and court cases
in other jurisdictions.

- Primary authority is the most accepted form of authority cited and should be used before any other
authority.

1. Constitutions, codes, statutes, and ordinances are the written laws of either the United States, the
individual states, counties, and municipalities. These laws are enacted by the United States Congress,
state legislatures, commissioners, and city councils.

2. When a particular case is decided, it becomes "precedent" which means that it becomes an example
or authority for an identical or similar case or a similar question of law. Court decisions are the basis for
the system of stare decisis. These decisions are published in what is called the National Reporter System
which covers cases decided by the United States Supreme Court down to the individual state district
courts. These reporters each have their own "digest" system which serves as an index by subject on
points of law. There are many reporters in this system and they can be found in most law libraries.

- Secondary authority is used to obtain a broad view of the area of law and also as a finding tool for
primary authority. Secondary authority is not cited to the court unless there is no other authority
available.

1. Legal encyclopedias contain topics which are arranged alphabetically and are
substantiated by supporting authorities.

2. Treatises are texts written about a certain topic of law by an expert in the field.

3. Law review articles are published by most accredited law schools and are sometimes a broad
diagnosis of a particular area.

4. The Index to Legal Periodicals provides the only book reviews in the law and also provides case
comments, which cases are listed in the "Table of Cases."

5. American Law Reports Annotated (A.L.R.) is a collection of cases on single narrow issues. You must
be aware that A.L.R. must be constantly updated.

6. Restatements are publications compiled from statutes and decisions which tell what the law is in a
particular field.

7. Shepard's Citations is a large set of law books which provide a means by which any reported case
(cited decision) may be checked to see when and how another court (the citing decision) has cited the
first decision. All cases must be checked to make sure another court has not reversed or overruled your
cited decision.

Some basic rules of legal research are as follows:

1. Give priority to cases from your own jurisdiction.

2. Search for the most recent ruling on a subject matter.

3. Check the pocket part in the back of almost all law books. The pocket part is the most
frequently used device for updating law books.

4. Pay attention to dates on books, i.e., copyright date and date of pocket parts.

5. Be aware of "2d" and "3d" citations. They distinguish one series from another.

6. All legal citations are written with the volume number first, an abbreviation of the
title, and the page number, e.g., 152 P.2d 967 or 144 A.L.R. 422.

7. Shepardizing your citations can save a lot of embarrassment later on.

As state above, the above information is not meant to be a complete or comprehensive guide to the law
library or to legal research and writing.