“It would seem to us that, even though the discovery is not to be limited to facts which may be admissible as evidence, the ultimate goal is to ascertain facts or information which may be used for proof or defense of an action.” (See Sanders v. Ayrhart (1965) 89 Idaho 302, 309.)
“Such information may be discovered by leads from other discoverable information.” (See id.)
“The purpose of the discovery rules is to take the surprise out of trials of cases so that all relevant facts and information pertaining to the action may be ascertained in advance of trial.” (See id.)
Additionally, “the purpose of our discovery rules is to facilitate fair and expedient pretrial fact gathering.” (See Edmunds v. Kraner (2006) 142 Idaho 867, 873.)
“It follows, therefore, that discovery rules are not intended to encourage or reward those whose conduct is inconsistent with that purpose.” (See id.)
However, “upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending ... may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” (See Westby v. Schaefer (2014) 157 Idaho 616, 622.)
“Idaho Rule of Civil Procedure 26(a) provides, Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; ... and requests for admission." (See Westby v. Schaefer (2014) 157 Idaho 616, 622.)
“The frequency of these methods is not limited unless a court order under Rule 26(c) limits it.” (See id.)
“A party who requests a protective order to limit discovery must show good cause.” (See id.)
“Federal courts have held that [b]road allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test." (See Cipollone v. Liggett Grp. (1986) Inc.,785 F.2d 1108, 1121; See also Foltz v. State Farm Mut. Auto. Ins. Co. (2003) 331 F.3d 1122, 1130.)
"A party asserting good cause bears the burden, for each particular document it seeks to protect, of showing that specific prejudice or harm will result if no protective order is granted." (See United States v. Garrett (1978) 571 F.2d 1323, 1326 n. 3.)
“Rule 26(c)'s protective order standard contemplates a particular and specific demonstration of fact as distinguished from stereotyped and conclusory statements." (See id.)
“A result of these requirements is that trial courts should also cite a reason for good cause.” (See id. [holding that a court abused its discretion when it did not cite any reason for its protective order grant after the government made a bare request].)
“Thus, trial courts must cite a reason for good cause and cannot rely on broad, non-factual requests and conclusory statements.” (See Westby v. Schaefer (2014) 157 Idaho 616, 622.)
“We can follow this interpretation of F.R.C.P. 26(c) because I.R.C.P. 26(c) is similar.” (See id.)
“We prefer to interpret the Idaho Rules of Civil Procedure in conformance with interpretations of the same language in the federal rules.” (See Obendorf v. Terra Hug Spray Co., Inc. (2008) 145 Idaho 892, 897, 188 P.3d 834, 839.)
“Idaho Rule of Civil Procedure 26(c) and F.R.C.P. 26(c) are similar, but not identical.” (See id.)
“However, both rules have language that allows the court to issue a protective order for good cause in order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense." (See Westby v. Schaefer (2014) 157 Idaho 616, 622-23.)
“Because this particular language is identical, we hold that I.R.C.P. 26(c) also requires a party to use specific facts to show good cause.” (See id.)
“Requiring factual support to show good cause is consistent with I.R.C.P. 26(c)'s purpose.” (See id.)
“Indeed, Rule 26 of the Idaho rules, like its federal analogue, was designed to promote candor and fairness in the pre-trial discovery process." (See id; Radmer v. Ford Motor Co. (1991) 120 Idaho 86, 89, 813 P.2d 897, 900.)
“Control of discovery is within the trial court's discretion.” (See Vaught v. Dairyland Ins. Co. (1998) 131 Idaho 357, 360, 956 P.2d 674, 677.)
“Therefore, we review a district court's grant of a protective order for an abuse of discretion.” (See Westby v. Schaefer (2014) 157 Idaho 616, 621.)
“To determine whether a trial court abused its discretion, this Court examines:
(See Kirk v. Ford Motor Co. (2005) 141 Idaho 697, 701, 116 P.3d 27, 31; John Doe v. Tribes (2016) 367 P.3d 136, 140-41.)
It is well settled that “the Idaho Rules of Civil Procedure permit broad discovery of matters relevant to any party's claim or defense, so long as it is not privileged. If privileged, the matter is protected from discovery. The burden of showing that information is privileged falls on the party asserting the privilege.” (See I.R.C.P. 26(b)(1); Bradbury v. City of Lewiston, No. 49667, at *10 (Idaho July 10, 2023).)
It is also well settled that “a trial court possesses authority to sanction parties for failure to comply with discovery orders or pretrial orders and for failure to seasonably supplement responses to discovery. Permissible sanctions include dismissal of the action.” (See Adams v. Reed (2002) 138 Idaho 36, 39; I.R.C.P. 16(i), 26(e)(4), and 37(b).)
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 05, 2024
Active
District
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 25, 2024
Active
District
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 03, 2024
Active
District
Minidoka County, ID
A17 Creditor/ Debtor Collections ($10,000 or less)
Creditor
Collections
Feb 22, 2024
Active
District
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Feb 21, 2024
Active
District
Twin Falls County, ID
G3b- Joint Petition Guard/Conserv (Incap) Same Party
Family
Divorce,Separation
Feb 02, 2024
Active
Canyon County
Canyon County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Jan 26, 2024
Active
Twin Falls County
Twin Falls County, ID
G2b- Conservatorship (Incapacitated)
Probate
Guardianship,Conservatorship
Jan 22, 2024
Active
Jefferson County
Jefferson County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jan 18, 2024
Foreign,Sister-State Judgment
Elmore County
Elmore County, ID
K7 Family - Filing a Foreign Judgment
Creditor
Judgment Enforcement
Dec 21, 2023
Active
District
Twin Falls County, ID
G3b- Joint Petition Guard/Conserv (Incap) Same Party
Family
Divorce,Separation
Dec 14, 2023
Active
District
Blaine County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Dec 04, 2023
Active
Shoshone County
Shoshone County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
Nov 15, 2023
Active
Bonneville County
Bonneville County, ID
G3b- Joint Petition Guard/Conserv (Incap) Same Party
Family
Divorce,Separation
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Oct 23, 2023
Active
District
Cassia County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Oct 16, 2023
Active
Hon. Harris (District), Roger B.
District
Twin Falls County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Oct 12, 2023
Active
Bannock County
Bannock County, ID
B1b- Divorce Without Minor Children
Family
Divorce,Separation
Oct 10, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 27, 2023
Non-Jury Verdict
District
Minidoka County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
B1a- Divorce With Minor Children
Family
Divorce,Separation
Sep 20, 2023
Active
Elmore County
Elmore County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Sep 20, 2023
Non-Jury Verdict
Twin Falls County
Twin Falls County, ID
G2b- Conservatorship (Incapacitated)
Probate
Guardianship,Conservatorship
Sep 12, 2023
Non-Jury Verdict
District
Lemhi County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Sep 11, 2023
Active
District
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
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 25, 2023
Judgment (Other)
District
Nez Perce County, ID
AA3 Employment Dispute (more than $10,000)
Labor and Employment
General Employment
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 18, 2023
Active
District
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
B1b- Divorce Without Minor Children
Family
Divorce,Separation
Aug 10, 2023
Active - Pending
Ada County
Ada County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Aug 08, 2023
Non-Jury Verdict
District
Nez Perce County, ID
B1b- Divorce Without Minor Children
Family
Divorce,Separation
Aug 08, 2023
Non-Jury Verdict
District
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Aug 02, 2023
Non-Jury Verdict
District
Bannock County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
Jul 25, 2023
Active
District
Twin Falls County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Jul 18, 2023
Non-Jury Verdict
Twin Falls County
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Jul 17, 2023
Non-Jury Verdict
District
Twin Falls County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
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 28, 2023
Active
Blaine County
Blaine County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Jun 21, 2023
Non-Jury Verdict
District
Cassia County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 13, 2023
Other
Bannock County
Bannock County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Jun 12, 2023
Active
Twin Falls County
Twin Falls County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Jun 08, 2023
Non-Jury Verdict
District
Minidoka County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Jun 07, 2023
Non-Jury Verdict
District
Bannock County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Jun 06, 2023
Active
Canyon County
Canyon County, ID
H2K - Child Protection Act Petition
Family
Child Protection
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
May 22, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 19, 2023
Dismissal
Canyon County
Canyon County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
May 11, 2023
Non-Jury Verdict
Nez Perce County
Nez Perce County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
AA- All Initial District Court Filings (Not E, F, and H1)
May 08, 2023
Non-Jury Verdict
Kootenai County
Kootenai County, ID
B1b- Divorce Without Minor Children
Family
Divorce,Separation
May 05, 2023
Active
Kootenai County
Kootenai County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
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 02, 2023
Active
Benewah County
Benewah County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
Apr 28, 2023
Non-Jury Verdict
Ada County
Ada County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Apr 25, 2023
Non-Jury Verdict
District
Bannock County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 24, 2023
Active
Canyon County
Canyon County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 19, 2023
Active
Hon. O'Neill, Derrick
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 17, 2023
Non-Jury Verdict
Ada County
Ada County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 17, 2023
Non-Jury Verdict
District
Latah County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 17, 2023
Judgment on the Pleadings
Bonneville County
Bonneville County, ID
AA3 Employment Dispute (more than $10,000)
Labor and Employment
General Employment
Apr 13, 2023
Active
Caribou County
Caribou County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 13, 2023
Non-Jury Verdict
District
Cassia County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 13, 2023
Non-Jury Verdict
District
Twin Falls County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Apr 11, 2023
Active
Boise County
Boise County, ID
L3 - Appeal or Petition for Judicial Review or Cross Appeal
Apr 11, 2023
Non-Jury Verdict
Hon. O'Neill, Derrick
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 11, 2023
Dismissal
Canyon County
Canyon County, ID
A- All Initial Case Filings in Magistrate (ex. B,C,D,G, H2)
Apr 07, 2023
Non-Jury Verdict
Twin Falls County
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 05, 2023
Non-Jury Verdict
Twin Falls County
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Mar 27, 2023
Non-Jury Verdict
Ada County
Ada County, ID
A11- Paternity Action
Family
Paternity
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Mar 27, 2023
Active
Bonneville County
Bonneville County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Mar 27, 2023
Non-Jury Verdict
Ada County
Ada County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Mar 27, 2023
Judgment (Other)
Ada County
Ada County, ID
H4- Filing of a Custody Decree from another State
Mar 24, 2023
Active
Hon. Boyce (District), Steven
Madison County
Madison County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Mar 20, 2023
Active
Gooding County
Gooding County, ID
A11- Paternity Action
Family
Paternity
AA- All Initial District Court Filings (Not E, F, and H1)
G2a- Conservatorship (Minor)
Probate
Guardianship,Conservatorship
Mar 16, 2023
Non-Jury Verdict
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
G2a- Conservatorship (Minor)
Probate
Guardianship,Conservatorship
G2a- Conservatorship (Minor)
Probate
Guardianship,Conservatorship
Mar 16, 2023
Active
Bannock County
Bannock County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Mar 15, 2023
Appealed
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 14, 2023
Active
District
Bannock County, ID
G3b- Joint Petition Guard/Conserv (Incap) Same Party
Family
Divorce,Separation
Mar 13, 2023
Non-Jury Verdict
Minidoka County
Minidoka County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Mar 09, 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)
Mar 06, 2023
Dismissal
Canyon County
Canyon County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Mar 06, 2023
Non-Jury Verdict
Canyon County
Canyon County, ID
B1b- Divorce Without Minor Children
Family
Divorce,Separation
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 01, 2023
Non-Jury Verdict
Ada County
Ada County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Feb 28, 2023
Active
Twin Falls County
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Feb 27, 2023
Active - Pending
Ada County
Ada County, ID
B1a- Divorce With Minor Children
Feb 23, 2023
Non-Jury Verdict
District
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Feb 22, 2023
Judgment (Other)
District
Cassia County, ID
A6- Application for Informal Probate
Probate
General Probate
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