What is the process of submitting a complaint in a small claims court case?
In Idaho, the process of submitting a complaint in a small claims court case begins with the plaintiff (the person bringing the case) filing a complaint with the court. The complaint must contain specific information including the parties involved, the amount of money being sought, a concise statement of the facts of the case, and the legal basis of the complaint. After the complaint is filed, the defendant (the person being sued) must be served with a copy of the complaint. This is usually done by personal service, meaning the defendant is physically handed a copy of the complaint, or by certified mail. Once the defendant has been served, the defendant has the opportunity to answer the complaint. If the defendant does not answer the complaint, the plaintiff may apply for a default judgment. Once the defendant has answered the complaint, the court may decide that the case should go to trial. At trial, each side will be given the opportunity to present evidence and make their arguments in front of a judge or jury. After both sides have presented their cases, the judge or jury will make a ruling on the case. Once the ruling has been made, the defendant must comply with the terms of the ruling. If the defendant does not comply, the plaintiff may take additional action, such as obtaining a court order or filing a contempt of court motion.
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