“Permission to amend a civil pleading is to be freely given when justice so requires." (See I.R.C.P. 15(a); Hoots v. Craven (2008) 146 Idaho 271, 275.)
“The Idaho Supreme Court has stated that the purpose of this rule is, in part, to allow the best chance for each claim to be determined on its merits rather than on some procedural technicality.” (See id; Clark v. Olsen (1986) 110 Idaho 323, 326, 715 P.2d 993, 996.)
“The most important factor in determining whether leave of Court to amend shall be granted is whether any prejudice will result to the opposing party in granting such a motion.” (See Schofield v. Idaho Falls Latter Day Saints Hospital (1965) 90 Idaho 186, 187-88.)
“Generally leave to amend is freely granted at any stage of the case where justice so requires, and the adverse party will not be prejudiced thereby, especially where the amendment is directed to clarification of issues and dispatch of litigation.” (See id.)
“The rule is to be liberally construed on the side of allowance of amendments, particularly where the opposing party is to be put to no disadvantage.” (See id.)
“Rule 15(a) of the Idaho Rules of Civil Procedure states the following: a party may amend his pleading once as a matter of course at any time before a responsive pleading is served, or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within twenty (20) days after it is served.” (See Suitts v. First Sec. Bank of Idaho (1985) N.A., 110 Idaho 15, 24-25 n.4.)
“Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires, and the court may make such order for the payment of costs as it deems proper.” (See id.)
“A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten (10) days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.” (See id.)
“Rule 15(a) declares that leave to amend shall be freely given when justice so requires; this mandate is to be heeded.” (See id.)
“If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.” (See id.)
“In the absence of any apparent or declared reason — such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. — the leave sought should, as the rules require, be freely given." (See id.)
“Of course, the grant or denial of an opportunity to amend is within the discretion of the District Court, but outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Federal Rules.” (See Suitts v. First Sec. Bank of Idaho, N.A. (1985) 110 Idaho 15, 25.)
“Perhaps the most important factor listed by the Court and the most frequent reason for denying leave to amend is that the opposing party will be prejudiced if the movant is permitted to alter his pleading.” (See id; Wright Miller, Federal Practice and Procedure: Civil sub. sec. 1487, p. 428.)
“Conversely, if the court is persuaded that no prejudice will accrue, the amendment should be allowed.” (See id.)
“Thus, the facts of each case must be examined to determine if the threat of prejudice is sufficient to justify denying leave to amend.” (See id.)
“In order to reach a decision on this point, the court will consider the position of both parties and the effect the request will have on them.” (See id.)
“This entails an inquiry into the hardship to the moving party if leave to amend is denied, the reasons for the moving party failing to include the material to be added in the original pleading, and the injustice resulting to the party opposing the motion should it be granted.” (See id.)
“Therefore, the essential question, is whether the proposed amendment to the pleading will result in unjustifiable prejudice to the non-moving party.” (See id.)
"A trial court's decision to deny a motion to amend a pleading is reviewed by this Court under an abuse of discretion standard." (See Silver Creek Computers, Inc. v. Petra, Inc. (2002) 136 Idaho 879, 881, 42 P.3d 672, 674.)
“To determine whether the trial court abused its discretion, we look at:
(See Indian Springs LLC v. Indian Springs Land Investment, LLC (2009) 147 Idaho 737, 750.)
It is well settled that “in considering whether to grant a motion for leave to amend, a trial court may consider whether the amended pleading sets out a valid claim, whether the opposing party would be prejudiced by any undue delay, or whether the opposing party has an available defense to the newly added claim.” (See Black Canyon Racquetball Club, Inc. v. Idaho First Nat'l Bank, N.A. (1991) 119 Idaho 171, 175, 804 P.2d 900, 904; Spur Products Corp. v. Stoel Rives LLP (2005) 142 Idaho 41, 44.)
As such, it is also well settled that “the policy of the law is toward liberality in the allowance of amendments and to regard them favorably in order that the real controversies between the parties may be presented, their rights determined and the cause decided on the merits.” (See Schofield v. Idaho Falls Latter Day Saints Hospital (1965) 90 Idaho 186, 187.)
Dec 05, 2023
Non-Jury Verdict
Bannock County
Bannock County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
Oct 30, 2023
Judgment (Other)
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 23, 2023
Non-Jury Verdict
District
Bannock County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Oct 10, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 29, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 11, 2023
Non-Jury Verdict
District
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 07, 2023
Dismissal
District
Bonner County, ID
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Aug 11, 2023
Non-Jury Verdict
Cassia County
Cassia County, ID
A- All Initial Case Filings in Magistrate (ex. B,C,D,G, H2)
Aug 09, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jul 31, 2023
Judgment (Other)
Bonneville County
Bonneville County, ID
A6- Application for Informal Probate
Probate
General Probate
Jul 17, 2023
Closed
District
Twin Falls County, ID
A6- Application for Informal Probate
Probate
General Probate
Jul 14, 2023
Non-Jury Verdict
District
Jerome County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Jul 05, 2023
Non-Jury Verdict
Bannock County
Bannock County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Jun 30, 2023
Active
Hon. Boyce (District), Steven
Fremont County
Fremont County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 29, 2023
Non-Jury Verdict
Boundary County
Boundary County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 22, 2023
Case Taken Under Advisement
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 16, 2023
Appealed
District
Blaine County, ID
A10- Habeas by Prisoners
Criminal
Habeas Corpus
Jun 14, 2023
Appealed
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 18, 2023
Non-Jury Verdict
District
Clearwater County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 12, 2023
Active
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
AA- All Initial District Court Filings (Not E, F, and H1)
May 10, 2023
Dismissal
District
Twin Falls County, ID
A11- Paternity Action
Family
Paternity
May 08, 2023
Non-Jury Verdict
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 08, 2023
Non-Jury Verdict
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 05, 2023
Dismissal
District
Bonner County, ID
AA4 Real Property (more than $10,000)
Property
General Property
AA- All Initial District Court Filings (Not E, F, and H1)
May 04, 2023
Non-Jury Verdict
Lemhi County
Lemhi County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 04, 2023
Active
Kootenai County
Kootenai County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 04, 2023
Bankruptcy
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 28, 2023
Non-Jury Verdict
District
Nez Perce County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
Apr 25, 2023
Non-Jury Verdict
District
Bannock County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 19, 2023
Non-Jury Verdict
District
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 19, 2023
Active
Gooding County
Gooding County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
Apr 19, 2023
Active - Pending
Canyon County
Canyon County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 18, 2023
Active
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 18, 2023
Non-Jury Verdict
Fremont County
Fremont County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Apr 14, 2023
Non-Jury Verdict
Hon. Eddins, Faren Z.
Jefferson County
Jefferson County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 04, 2023
Active
District
Bonneville County, ID
AA1 Creditor/ Debtor Collections (more than $10,000)
Creditor
Collections
Apr 03, 2023
Active
Cassia County
Cassia County, ID
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Mar 28, 2023
Active
Canyon County
Canyon County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 24, 2023
Active
Hon. Boyce (District), Steven
Madison County
Madison County, ID
AA4 Real Property (more than $10,000)
Property
General Property
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 23, 2023
Dismissal
Minidoka County
Minidoka County, ID
A- All Initial Case Filings in Magistrate (ex. B,C,D,G, H2)
Mar 23, 2023
Summary Judgment
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 17, 2023
Active
Hon. O'Neill, Derrick
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 15, 2023
Appealed
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 14, 2023
Non-Jury Verdict
District
Latah County, ID
A6- Application for Informal Probate
Probate
General Probate
Mar 13, 2023
Active
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 09, 2023
Non-Jury Verdict
Nez Perce County
Nez Perce County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 08, 2023
Active
Hon. Harris (District), Roger B.
Twin Falls County
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 07, 2023
Active
Canyon County
Canyon County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 06, 2023
Judgment on Appeal
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
L3 - Appeal or Petition for Judicial Review or Cross Appeal
Feb 13, 2023
Judgment (Other)
District
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Feb 10, 2023
Dismissal
Bannock County
Bannock County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Feb 06, 2023
Dismissal
Blaine County
Blaine County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Feb 01, 2023
Summary Judgment
District
Bonner County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Feb 01, 2023
Remanded
District
Jefferson County, ID
L3 - Appeal or Petition for Judicial Review or Cross Appeal
Jan 24, 2023
Non-Jury Verdict
Nez Perce County
Nez Perce County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Jan 09, 2023
Non-Jury Verdict
District
Lincoln County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jan 06, 2023
Active
Canyon County
Canyon County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Jan 06, 2023
Active
Hon. O'Neill, Derrick
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Dec 21, 2022
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Dec 09, 2022
Judgment (Other)
Cassia County
Cassia County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Dec 08, 2022
Non-Jury Verdict
District
Bonner County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Dec 06, 2022
Active
Bannock County
Bannock County, ID
H1c- Post Conviction Act Proceedings (District Court)
Dec 06, 2022
Non-Jury Verdict
Nez Perce County
Nez Perce County, ID
B1b- Divorce Without Minor Children
Family
Divorce,Separation
Nov 29, 2022
Active
Nez Perce County
Nez Perce County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Nov 21, 2022
Active - Pending
Bannock County
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Nov 17, 2022
Active
Bonneville County
Bonneville County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Nov 14, 2022
Summary Judgment
Nez Perce County
Nez Perce County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Nov 11, 2022
Settlement
District
Bannock County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Nov 07, 2022
Dismissal
Twin Falls County
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Nov 03, 2022
Non-Jury Verdict
District
Latah County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Nov 03, 2022
Active
Twin Falls County
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Nov 01, 2022
Active
Bannock County
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 31, 2022
Active
Clearwater County
Clearwater County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Oct 21, 2022
Dismissal
District
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 18, 2022
Active
District
Bannock County, ID
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Oct 18, 2022
Non-Jury Verdict
District
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 17, 2022
Non-Jury Verdict
Bannock County
Bannock County, ID
H2h- Child Support Proceedings Filed by DHW
Family
Child Support
Oct 07, 2022
Case Taken Under Advisement
Minidoka County
Minidoka County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 07, 2022
Non-Jury Verdict
Kootenai County
Kootenai County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 05, 2022
Judgment (Other)
Cassia County
Cassia County, ID
D- Summary Administration of Small Estates
Probate
Estate Administration
Sep 27, 2022
Active
District
Twin Falls County, ID
A6- Application for Informal Probate
Probate
General Probate
Sep 23, 2022
Case Taken Under Advisement
Blaine County
Blaine County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Sep 21, 2022
Non-Jury Verdict
Hon. Harris (District), Roger B.
Twin Falls County
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 16, 2022
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 08, 2022
Judgment (Other)
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 06, 2022
Dismissal
District
Bannock County, ID
L3 - Appeal or Petition for Judicial Review or Cross Appeal
Sep 02, 2022
Non-Jury Verdict
District
Clearwater County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 30, 2022
Non-Jury Verdict
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 23, 2022
Non-Jury Verdict
Bonneville County
Bonneville County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Aug 23, 2022
Active
Bannock County
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 18, 2022
Active
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 12, 2022
Active
Valley County
Valley County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 12, 2022
Non-Jury Verdict
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 08, 2022
Dismissal
District
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
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