“Summary judgment under Idaho Rule of Civil Procedure 56(c) is proper only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” (See I.R.C.P. 56(c) Roles v. Townsen (2003) 138 Idaho 412.)
“A genuine issue of material fact exists when the evidence is such that a reasonable jury could return a verdict for the non-moving party.” (See Marek v. Hecla, Ltd. (2016) 161 Idaho 211, 220; Houpt v. Wells Fargo Bank, Nat. Ass'n (2016) 160 Idaho 181, 186, 370 P.3d 384, 389 [If reasonable people could reach different conclusions or inferences from the evidence, summary judgment is inappropriate].)
“On appeal, we exercise free review in determining whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law.” (See Roles v. Townsend (2003) 138 Idaho 412; Edwards v. Conchemco, Inc. (1986) 111 Idaho 851, 852, 727 P.2d 1279, 1280.)
“When assessing a motion for summary judgment, all disputed facts are to be liberally construed in favor of the nonmoving party.” (See id.)
“Furthermore, the trial court must draw all reasonable inferences in favor of the party resisting the motion.” (See G M Farms v. Funk Irrigation Co. (1991) 119 Idaho 514, 517, 808 P.2d 851, 854; Sanders v. Kuna Joint School Dist. (1994) 125 Idaho 872, 874, 876 P.2d 154, 156.)
“A motion for summary judgment under I.R.C.P. 56(c) should be granted only when the pleadings, depositions and admissions, together with affidavits, if any, show that there is no genuine issue as to any material fact." (See Anderson v. Ethington (1982) 103 Idaho 658, 660, 651 P.2d 923, 925; Burgess Farms v. New Hampshire Inc. Group (1985) 108 Idaho 831, 835.)
“It is well established that a party against whom a motion for summary judgment is sought may not merely rest on allegations contained in his pleadings, but must come forward and produce evidence by way of deposition or affidavit to contradict the assertions of the moving party and establish a genuine issue of material fact." (See McCoy v. Lyons (1991) 120 Idaho 765, 770.)
“The burden of proving the absence of material facts is upon the moving party.” (See Petricevich v. Salmon River Canal Co. (1969) 92 Idaho 865, 868, 452 P.2d 362, 365.)
“Once the moving party has properly supported the motion par summary judgment with affidavits, admissions or depositions, it is incumbent on the nonmoving party to present opposing evidence through depositions, discovery responses and affidavits sufficient to create a genuine issue for trial.” (See I.R.C.P. 56(e); Celotex Corp. v. Catrett (1986) 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265.)
“To withstand a motion for summary judgment, the nonmoving party's case must consist of more than speculation, it must create a genuine issue regarding a material fact.” (See G M Farms v. Funk Irrigation Co. (1991) 119 Idaho 514, 517, 808 P.2d 851, 854.)
“A mere scintilla of evidence is not enough to create a genuine issue.” (See id.)
“If the evidence presented by the nonmoving party fails to raise a genuine issue for trial, summary judgment shall be entered against that party.” (See I.R.C.P. 56(e); Ryan v. Beisner (1992) 123 Idaho 42, 44-45.)
"In an appeal from an order of summary judgment, this Court's standard of review is the same as the standard used by the trial court in ruling on a motion for summary judgment." (See Jackson v. Crow (2019) 164 Idaho 806, 810-11; Lockheed Martin Corp. v. Idaho State Tax Comm'n (2006) 142 Idaho 790, 793, 134 P.3d 641, 644.)
"Summary judgment is proper when there is no genuine issue of material fact and the only remaining questions are questions of law." (See Chandler v. Hayden (2009) 147 Idaho 765, 768, 215 P.3d 485, 488.)
"This Court liberally construes all disputed facts in favor of the nonmoving party and draws all reasonable inferences and conclusions supported by the record in favor of the party opposing the motion." (See id; Jackson v. Crow (2019) 164 Idaho 806, 810-11.)
“In considering the evidence presented in support of or opposition to a motion for summary judgment a court will consider only that material contained in affidavits or depositions which is based upon personal knowledge and which would be admissible at trial." (See I.R.C.P. 56(e); Ryan v. Beisner (1992) 123 Idaho 42, 45.)
“In Hecla Mining Co. v. Star-Morning Mining Co. (1992) 122 Idaho 778, 839 P.2d 1192, our Supreme Court stated that in ruling upon a motion for summary judgment the admissibility of the evidence contained in affidavits and depositions in support of or in opposition to the motion is a threshold question to be answered before applying the liberal construction and reasonable inferences rule to determine whether the evidence is sufficient to create a genuine issue for trial.” (See id.)
“A district court may exclude or not consider evidence offered by a party on its own motion, or pursuant to an objection by one of the parties.” (See id.)
“However, some form of objection in the trial court is necessary to preserve the right to challenge on appeal the admission or consideration of evidence, unless the error is plain or fundamental." (See Hecla Mining Co. v. Star-Morning Mining C. (1992) 122 Idaho at 778, 839 P.2d at 1199.)
“Thus, if the admissibility of evidence presented in support of or in opposition to a motion for summary judgment is raised by the court on its own motion or on objection by one of the parties, the court must first rise a threshold determination as to the admissibility of the evidence before proceeding to the ultimate issue, whether summary judgment is appropriate.” (See id.)
“Pursuant to Hecla, if the evidence would be inadmissible at trial, the court should not consider the evidence in ruling on the motion for summary judgment.” (See Ryan v. Beisner (1992) 123 Idaho 42, 45.)
“[T]his Court reviews an appeal from an order of summary judgment de novo.” (See Taylor v. McNichols (2010) 149 Idaho 826, 832.)
It is well settled that “in our view, the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.” (See Sittre v. Central Records Sentencing Specialist, No. 40484, at *5 (Idaho Ct. App. Sep. 20, 2013).)
As such, it is also well settled that “in such a situation, there can be no genuine issue as to any material fact, since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial. The moving party is entitled to judgment as a matter of law because the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.” (See id.)
Mar 13, 2024
Active
District
Idaho County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Feb 23, 2024
Dismissal
District
Blaine County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Feb 07, 2024
Active
District
Bonner County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
A18 Breach of Contract ($10,000 or less)
Commercial
Breach of Contract
AA4 Real Property (more than $10,000)
Property
General Property
Jan 20, 2024
Active
Twin Falls County
Twin Falls County, ID
Jan 08, 2024
Active
Twin Falls County
Twin Falls County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Jan 05, 2024
Active
Twin Falls County
Twin Falls County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Jan 05, 2024
Active
Twin Falls County
Twin Falls County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Jan 05, 2024
Closed
Twin Falls County
Twin Falls County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Jan 03, 2024
Non-Jury Verdict
District
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Dec 28, 2023
Non-Jury Verdict
District
Bannock County, ID
A18 Breach of Contract ($10,000 or less)
Commercial
Breach of Contract
Dec 28, 2023
Active
District
Twin Falls County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Dec 19, 2023
Active
Twin Falls County
Twin Falls County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Dec 16, 2023
Active
District
Nez Perce County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Dec 11, 2023
Active
District
Bannock County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Dec 09, 2023
Non-Jury Verdict
District
Cassia County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Dec 08, 2023
Non-Jury Verdict
District
Bannock County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Dec 08, 2023
Active
District
Twin Falls County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Dec 08, 2023
Non-Jury Verdict
District
Twin Falls County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Dec 06, 2023
Non-Jury Verdict
District
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Dec 04, 2023
Active
Bannock County
Bannock County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Dec 01, 2023
Non-Jury Verdict
District
Twin Falls County, ID
A- All Initial Case Filings in Magistrate (ex. B,C,D,G, H2)
Dec 01, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Nov 29, 2023
Non-Jury Verdict
District
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Nov 29, 2023
Active
District
Blaine County, ID
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Nov 28, 2023
Non-Jury Verdict
District
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Nov 27, 2023
Summary Judgment
Cassia County
Cassia County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Nov 27, 2023
Active
District
Bannock County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Nov 18, 2023
Non-Jury Verdict
District
Cassia County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Nov 11, 2023
Non-Jury Verdict
District
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Nov 10, 2023
Non-Jury Verdict
District
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Nov 09, 2023
Dismissal
District
Boundary County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Nov 06, 2023
Non-Jury Verdict
District
Bannock County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Nov 06, 2023
Non-Jury Verdict
District
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Nov 03, 2023
Active
Twin Falls County
Twin Falls County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Oct 31, 2023
Non-Jury Verdict
District
Jefferson County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Oct 27, 2023
Non-Jury Verdict
District
Twin Falls County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Oct 25, 2023
Non-Jury Verdict
District
Bonner County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Oct 24, 2023
Non-Jury Verdict
District
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 19, 2023
Non-Jury Verdict
District
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 18, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 11, 2023
Active
District
Bannock County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Oct 11, 2023
Non-Jury Verdict
District
Bannock County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Oct 10, 2023
Non-Jury Verdict
District
Twin Falls County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Oct 10, 2023
Non-Jury Verdict
Bonneville County
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Oct 04, 2023
Judgment (Other)
Twin Falls County
Twin Falls County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Oct 02, 2023
Dismissal
District
Kootenai County, ID
A- All Initial Case Filings in Magistrate (ex. B,C,D,G, H2)
Sep 29, 2023
Non-Jury Verdict
Blaine County
Blaine County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 29, 2023
Case Taken Under Advisement
District
Bannock County, ID
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Sep 28, 2023
Active
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 27, 2023
Non-Jury Verdict
District
Nez Perce County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Sep 26, 2023
Active
Blaine County
Blaine County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 21, 2023
Non-Jury Verdict
Bannock County
Bannock County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 21, 2023
Active
District
Bonneville County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Sep 20, 2023
Judgment (Other)
Nez Perce County
Nez Perce County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 19, 2023
Non-Jury Verdict
Bonneville County
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 15, 2023
Non-Jury Verdict
Bonneville County
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 14, 2023
Active
Twin Falls County
Twin Falls County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Sep 14, 2023
Non-Jury Verdict
District
Twin Falls County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 14, 2023
Non-Jury Verdict
District
Clearwater County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 14, 2023
Non-Jury Verdict
District
Bonneville County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Sep 13, 2023
Active
Bonneville County
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 12, 2023
Closed
Bannock County
Bannock County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 12, 2023
Non-Jury Verdict
District
Lemhi County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Sep 08, 2023
Active
District
Nez Perce County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 07, 2023
Active
Hon. Clark, Daniel R.
Jefferson County
Jefferson County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Sep 07, 2023
Dismissal
District
Bonner County, ID
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Sep 06, 2023
Non-Jury Verdict
Bonneville County
Bonneville County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 01, 2023
Active
Hon. Cawthon (District), James S.
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 31, 2023
Non-Jury Verdict
District
Bonneville County, ID
A- All Initial Case Filings in Magistrate (ex. B,C,D,G, H2)
Aug 29, 2023
Summary Judgment
Nez Perce County
Nez Perce County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Aug 25, 2023
Active
Kootenai County
Kootenai County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Aug 25, 2023
Active
Bannock County
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
B1b- Divorce Without Minor Children
Family
Divorce,Separation
Aug 23, 2023
Judgment (Other)
District
Bannock County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Aug 22, 2023
Non-Jury Verdict
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 22, 2023
Non-Jury Verdict
District
Twin Falls County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Aug 22, 2023
Active
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 17, 2023
Active
Lincoln County
Lincoln County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Aug 17, 2023
Active
Nez Perce County
Nez Perce County, ID
B1b- Divorce Without Minor Children
Family
Divorce,Separation
Aug 17, 2023
Judgment on the Pleadings
District
Twin Falls County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Aug 17, 2023
Active
Bonneville County
Bonneville County, ID
A- All Initial Case Filings in Magistrate (ex. B,C,D,G, H2)
Aug 15, 2023
Non-Jury Verdict
District
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 15, 2023
Non-Jury Verdict
Bannock County
Bannock County, ID
A18 Breach of Contract ($10,000 or less)
Commercial
Breach of Contract
Aug 15, 2023
Active
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 14, 2023
Active
Kootenai County
Kootenai County, ID
A- All Initial Case Filings in Magistrate (ex. B,C,D,G, H2)
Aug 11, 2023
Active
Hon. Colson, Cleve B.
Bingham County
Bingham County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Aug 11, 2023
Active
Kootenai County
Kootenai County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Aug 10, 2023
Active
Twin Falls County
Twin Falls County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Aug 10, 2023
Judgment (Other)
Cassia County
Cassia County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Aug 08, 2023
Active
Hon. Cawthon (District), James S.
Ada County
Ada County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Aug 08, 2023
Non-Jury Verdict
Bannock County
Bannock County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Aug 03, 2023
Appealed
District
Twin Falls County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Aug 03, 2023
Judgment (Other)
Hon. Harris (District), Roger B.
Twin Falls County
Twin Falls County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Aug 02, 2023
Judgment (Other)
Nez Perce County
Nez Perce County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
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