Idaho Infraction Rules

These rules shall govern the procedure in the magistrates division of the district courts of the state of Idaho in all infraction proceedings which are triable by the magistrates division whether brought before the court by an Idaho Uniform Citation or a complaint. The administrative collection of parking and bicycle violation penalties by local municipalities under local ordinance shall not be governed by these rules, but an infraction citation or complaint for a parking violation or failure to pay a parking penalty shall be governed by these rules. The Misdemeanor Criminal Rules shall apply to the processing of infraction citations and complaints to the extent they are not in conflict with these specific rules. These rules shall be denominated the Idaho Infraction Rules, (I.I.R.). 

 

(Adopted March 23, 1983, effective July 1, 1983; amended June 15, 1987, effective November 1, 1987; amended April 27, 2016, effective July 1, 2016.)

 

As used in these rules, unless the context clearly requires otherwise: 

 

(a)  "Citable offense" means any infraction triable by a magistrate under the law and rules of the Supreme Court. 

 

(b)  "Uniform citation" or "citation" means the Idaho Uniform Citation in the form prescribed by these rules. 

 

(c)  "Court" means any tribunal with jurisdiction to hear and determine infraction citations or complaints and the magistrate or judge thereof. 

 

(d)  "Magistrate" or "judge" includes any officer authorized by law to sit as a court with jurisdiction to hear and determine citable offenses as defined by these rules. 

 

(e)  "Clerk" or "clerk of the court" includes any person appointed under Rule 12 to accept answers to infraction citations or complaints, receive payment of judgments for penalties, sign deferred payment agreements with defendants on behalf of the court, and perform other duties assigned to the clerk by these rules. 

 

(f)  "Infraction" means any public offense declared to be an infraction by state statute. 

 

(g)  "Police officer" or "peace officer" includes a member of the Idaho State Police, a sheriff or deputy sheriff, prosecuting attorney or deputy prosecuting attorney, a city policeman or marshal, or constable or any other officer duly authorized to enforce municipal, county, or state laws. 

 

(h)  "Moving traffic infraction" means any infraction offense involving a vehicle or motorized cycle for which driver violation points are assessed under Section 49-326, Idaho Code. 

 

(i)  "Non-moving traffic infraction" means any infraction offense involving a vehicle or motorized cycle for which there are no driver violation points assessed under Section 49-326, Idaho Code. 

 

(j)  "Penalty" means the fixed penalty exclusive of court costs assessed under these rules for an infraction violation. 

   

(Adopted March 23, 1983, effective July 1, 1983; amended March 21, 2007, effective July 1, 2007.)

 

If an individual's social security number is included in a document filed with the court, only the last four digits of that number should be used.

   

(Effective February 1, 2009)

 

(a)  Use of Citation. The complaint in a citation may be used as the complaint to prosecute an infraction offense. 

 

(b)  Use of Complaint. A written complaint signed or witnessed by a peace officer, which need not be a sworn complaint, may be used to prosecute an infraction offense. 

 

(c)  Trial on Citation, Amendments. If a defendant enters a denial to a citation, a trial may be held on the complaint contained in the citation without a separate written complaint. The court may amend, or permit to be amended, any process or pleading at any time before the state rests. If an amendment of a citation or complaint is made, the court may, in its discretion, grant a continuance of the trial for good cause. 

 

(d)  Infraction Offenses Charged in Each Citation, Consolidation of Trials. Only one person may be charged by the complaint of a single citation, but more than one infraction may be charged in one citation. An infraction may not be charged with a misdemeanor in a citation. Provided, if the offenses charged by separate citation complaints or other complaints are of the same or similar character, or are based on the same act or transaction or connected series of acts or transactions, or are based on two or more acts or transactions constituting part of a common scheme or plan, the separate complaints may be consolidated by the court upon motion of any party or upon the court's own initiative. 

   

(Adopted March 23, 1983, effective July 1, 1983; amended March 20, 1991, effective July 1, 1991; amended April 4, 2008, effective July 1, 2008)

 

Every magistrate in the state of Idaho is hereby assigned and granted the authority and jurisdiction to hear, process and determine, subject to judicial district rule of assignment, any citable offense alleged to have occurred within the state of Idaho. 

   

(Adopted March 23, 1983, effective July 1, 1983.)

 

(a)  Peace Officer Citation. A peace officer may issue a uniform citation for a citable offense in which the officer shall certify that the officer has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. The citation shall require the defendant to appear in court on the citation at a time certain which shall be not less than five (5) nor more than twenty-one (21) days after the date of the citation. 

 

(b)  Citizen Citation. The uniform citation may be signed by any person in whose presence an alleged offense occurred and be witnessed by a peace officer whose name shall be endorsed on the citation. 

 

(c)  Service of Citation. Service of a citation may be made by the defendant signing a written promise to appear on the citation at the time indicated, but if the defendant fails or refuses to sign the written promise to appear, or an electronic citation is issued, the peace officer may serve the citation on the defendant by personal delivery to the defendant and indicate such service on the face of the citation. 

 

(d)  Form. With the exception of electronically issued citations, all citations in the courts of Idaho shall be processed on the Idaho Uniform Citation which shall be of the size of 51/2 inches wide by 81/2 inches long with at least three (3) copies which shall be in the form set forth in Rule 5 of the Misdemeanor Criminal Rules. 

 

(e)  Color and Distribution. With the exception of electronically issued citations, the first copy of the citation shall be white and deposited with and retained by the court; the second copy shall have pink borders at the top and bottom and be delivered to the defendant; the third copy shall have yellow borders at the top and bottom and be delivered by the police officer initially to the court and thereafter forwarded by the court to the appropriate department upon disposition of the citation. Additional copies of the citation may be prepared with additional information required by the issuing governmental department, agency or unit for its internal use. 

 

(f)  Electronic Citations.  Citations may be electronically issued in accord with Rule 5 of the Misdemeanor Criminal Rules. 

 

(g)  Service of Citations for Parking Violation.  Where statutes provide for the issuance of a uniform citation to a vehicle's owner or lessee for a parking violation, the uniform citation may be served upon the registered owner or lessee by securing the uniform citation to the vehicle.

   

(Adopted March 23, 1983, effective July 1, 1983; amended March 21, 2007,effective July 1, 2007, amended April 2, 2010, amended April 24, 2013, effective July 1, 2013.)

 

(a)  Admission of Citation By Mail. Any person charged with an infraction by a citation may enter an admission by paying the total amount due, which includes fixed penalty and court costs, by mail. Payment of the total amount by mail shall constitute an admission of the charge. The total amount must be mailed by the defendant so as to be received by the court on or before the appearance date set forth in the citation. If a personal check is dishonored and returned to the court for any reason, the defendant will be deemed not to have appeared on the citation and default judgment may be entered against the defendant under Rule 8; and in addition thereto, the maker of the check may be prosecuted for such other misdemeanor or felony for issuance of the check as may be provided by law. 

  

(b)  Appearance of Defendant. Unless the defendant mails the total amount due to the court under subsection (a) of this rule, the defendant shall appear before the clerk to answer the charge set forth in a citation or complaint as provided in this rule. If the defendant denies the charge, no bail shall be required, and the defendant shall thereafter be present in court at the time of the trial set by the court or the clerk. If the defendant appears on a citation at the time stated in the citation and the citation has not been delivered to the court, the court may dismiss the citation. 

 

(c)  First Appearance and Answer or Continuance Before Clerk of the Court. The defendant shall appear before the clerk to enter an answer to an infraction citation or complaint on or before the appearance date. If the defendant admits the charge, judgment shall be entered against the defendant as provided by Rule 9. If the defendant denies the charge, the clerk shall set the trial date for the citation or complaint and serve a copy of the written trial date notice upon the defendant. If, at the first appearance, the defendant desires additional time before answering the charge, the clerk shall issue a continuance notice and serve a copy upon the defendant. The trial date notice and continuance notice shall be substantially in the form provided by these rules and may be served upon the defendant by personal delivery or by mailing to the address in the citation, or other address furnished by the defendant, and no further notice need be given to the defendant. 

  

(d)  Appearance by Defendant Through Attorney. A defendant may also appear, answer and have judgment entered through an attorney, who shall either appear in person or shall file, at or before the time for appearance, a written appearance and answer on behalf of the defendant. The court may, in its discretion, require the presence of the defendant at any stage of the proceeding not otherwise required by these rules. 

  

(e)  Trial Date Notice or Continuance Notice. Whenever a defendant is given a trial date setting or a continuance at or after the defendant's first appearance, such notice shall be given by a written notice delivered to the defendant in substantially the following form: 

Click here for form.

 

(Adopted March 23, 1983, effective July 1, 1983; amended February 10, 1993, effective July 1, 1993; amended April 19, 1995, effective July 1, 1995 amended March 21, 2007, effective July 1, 2007; amended May 30, 2018, effective July 1, 2018.)

(a)  Evidence and Burden of Proof. The burden of proof and the rules of evidence in a trial of an infraction citation or complaint shall be those provided for a trial of a criminal action. 

 

(b)  Venue. All appearances by the defendant and the trial of an infraction, if any, shall be in the county where the alleged offense occurred. No infraction charge shall be transferred to the court of another county, except in cases where the infraction is committed in a city thatis located in two counties the venue may be transferred in accord with I.C. 19-305. 

 

(c)  Arrest or Bail Prohibited. An infraction violation has been declared by statute to be a civil public offense, not constituting a crime, so that a defendant charged with an infraction violation shall never be arrested for the infraction and shall never be required to post bail on such charge. Bail is prohibited and cannot be posted and forfeited for an infraction. 

 

(d)  Trial by Court. There is no right to a trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury. 

 

(e)  Findings and Judgment. If the court does not find, beyond a reasonable doubt, that the defendant committed the infraction offense, it shall enter judgment for the defendant. If the court finds, beyond a reasonable doubt, that the defendant committed the infraction offense, it shall enter judgment against the defendant as provided in Rule 9. No written findings of fact by the court shall be required. 

   

(Adopted March 23, 1983, effective July 1, 1983; amended March 23, 1990, effective July 1, 1990; amended Novemer 6, 2002, effective November 6, 2002.)

 

The parties to any action may present to the court a stipulation as to any procedural matter involved in any proceeding, including a stipulation to vacate or continue a hearing or trial, but such stipulation shall be considered as a joint motion by the parties to the court for its consideration, and shall not be binding upon the court. The court may approve or disapprove the stipulation in the same manner as the court rules upon a motion. The court may by oral or written notice to the parties limit the time within which a motion or stipulation to vacate or continue a hearing or trial must be made in order to be considered by the court. 

   

(Adopted March 30, 1984, effective July 1, 1984.)

 

(a)  Failure to Appear on Citation. If the defendant fails to appear before the clerk at or before the time stated in an infraction citation, the court shall enter default judgment against the defendant for the infraction as provided by Rule 9 without giving further notice to the defendant. 

 

(b)  Failure to Appear After First Appearance. If a defendant fails to appear at the time fixed by a trial date notice or continuance notice served on the defendant pursuant to Rule 6(e), the court shall enter default judgment against the defendant for the infraction without giving further notice to the defendant. 

 

(c)  Notice of Default Judgment. If a default judgment is entered against a defendant for an infraction under this rule, the clerk shall mail a notice of judgment to the defendant at the address stated in the citation advising the defendant that the defendant must pay the judgment by a date certain which shall be not less than 30 days after the date of the notice. The notice shall state that the balance owing may be sent to a collection agency. 

 

 

 

(Adopted March 23, 1983, effective July 1, 1983; amended February 10, 1993, effective July 1, 1993; amended March 9, 1999, effective July 1, 1999; amended April 27, 2016, effective July 1, 2016; amended April 25, 2018, effective July 1, 2018; amended August 8, 2018, effective August 8, 2018; amended September 22, 2023, effective October 20, 2023.)

 

After the entry of a default judgment under these rules, the court may set aside or otherwise grant relief from said judgment upon the grounds and as provided by Rules 60(a) and (b), I.R.C.P., as provided in civil cases. 

   

(Adopted March 30, 1984, effective July 1, 1984.)

 

Idaho Infraction Rule 9. Judgment - Fixed Penalty Plus Court Costs for Infractions - Withheld Judgment and Suspended Penalties Prohibited - Deferred Payment Agreements.

(a) Entry of Judgment. Upon, (1) the entry of an admission to an infraction citation or complaint in person or by mail under Rule 6(a) or, (2) the payment of the total amount, which includes fixed penalty and court costs, by the defendant, or, (3) a finding by the court upon trial that the defendant committed the infraction offense, or, (4) a failure of the defendant to appear in court or before the clerk as provided in Rule 8, the court shall enter judgment against the defendant for the infraction which shall order the defendant to pay the fixed penalty and court costs provided in this rule.

 

(b) Fixed Penalty and Costs for Infraction. The entry of a judgment for an infraction under this rule shall order the defendant to pay a dollar amount for a fixed penalty and court costs in the following amounts:

    Click here (Updated July 1, 2025) for Infraction Penalty Schedule

 

(c) Consolidation of Multiple Offenses in Assessing Court Costs. The court may consolidate multiple non-moving or parking infractions into one offense for the purpose of assessing court costs under I.C §31-3201A(c), together with the fixed penalty portion of the penalty for each infraction.

 

(d) Withheld Judgments or Suspended Penalties Prohibited. No court shall have the power to withhold judgment nor to suspend any part of a judgment for a fixed penalty and costs prescribed under this rule.

 

(e) Deferred Payment Agreement. After the entry of a judgment for an infraction, the court, or the clerk within the guidelines set by the court, may enter into an agreement with the defendant for the deferred payment of the fixed penalty plus court costs. Such agreement shall be signed by the defendant and the court, or the clerk on behalf of the court.  Subsequent extensions of time to pay a fixed penalty plus court costs may be granted by the execution of a new agreement by the defendant and the court or the clerk.

 

(f) Form of Agreement. A deferred payment agreement under this rule shall be substantially the following form:

Click here for form.

 

(g) Discharge of Judgment. If, after entry of a judgment for the payment of a penalty, court costs or payment of money to any person or entity, the court determines that the unpaid portion of the judgment is not reasonably collectible for any reason, the court may enter an order discharging the judgment and close the file. A discharge of a judgment on a citation may be entered by endorsing the word "discharged" on the face of the citation together with the date and the signature of the court. Such discharge may be signed and entered by the clerk at the direction of the court. The entry of a discharge of judgment shall not affect the judgment other than to satisfy the duty to pay the balance of the penalty, court costs and the payment of money to any person or entity; provided, such discharge does not satisfy the duty of the defendant to pay victim's restitution ordered pursuant to Chapter 53 of Title 19, Idaho Code, nor prevent the victim from enforcing the order by execution pursuant to section 19-5305, Idaho Code.

 

 

[Amended effective July 1, 1995;  July 1, 1996;  July 1, 1997;  January 1, 1999; amended June 7, 2000, effective July 1, 2000; amended June 21, 2000, effective July 1, 2000; amended January30, 2001, effective January 30, 2001; modified April 13, 2001, effective July 1, 2001; amended March 5, 2002, effective July 1, 2002; amended April 19, 2002, effective July 1, 2002; amended June 16, 2003, effective July 1, 2003; amended July 29, 2003,effective immediately; amended April 22, 2004, effective July 1, 2004; amended April 5, 2005, effective July 1, 2005; amended March 21, 2007, effective July 1, 2007; amended, effective February 1, 2009; amended April 2, 2010, effective April 15, 2010; amended April 27, 2011, effective July 1, 2011; amended  April 27, 2012; effective July 1, 2012; amended May 7, 2015, effective July 1, 2015; amended July 13, 2016, effective July 1, 2016; amended April 25, 2018, effective July 1, 2018; amended June 28, 2021, effective July 1,2021; amended, effective November 27, 2023.)

Notwithstanding any other provision in these rules, the court may authorize the clerk of the court to sign and enter a judgment against the defendant upon, (1) the entry of an admission to an infraction in person or by mail under Rule 6(a) or, (2) the payment of the total amount due, which includes fixed penalty and costs, by the defendant, or(3) a failure of the defendant to appear in court or before the clerk as provided in Rule 8. 

   

(Adopted March 30, 1984, effective July 1, 1984; amended March 21, 2007, effective July 1, 2007.)

(a)  Late Payment. Late payment of an infraction shall be accepted by the court or clerk of the court at any time. 

 

(b)  Other Sanctions. Nothing in this rule shall limit the inherent powers of the court to enforce its judgments and orders by execution or by other means and sanctions authorized by law. 

 

 

   

(Adopted March 23, 1983, effective July 1, 1983; amended March 30, 1984, effective July 1, 1984; amended March 27, 1989, effective July 1, 1989; amended February 10, 1993, effective July 1, 1993; amended March 21, 2007, effective July 1, 2007; amended April 27, 2016, effective July 1, 2016; amended April 25, 2018, effective July 1, 2018; amended June 1, 2022, effective July 1, 2022.)

 

The forms provided for in these Infraction Rules and the procedures set forth in these rules for the handling of defaults of an infraction shall be modified to accommodate fish and game infractions. All provisions for the suspension of a license shall refer to the suspension of a fishing, hunting or trapping license as provided for by I.C. Section 36-505 and the judgment shall be sent to the Department of Fish and Game rather than the Department of Transportation. Forms provided by the Idaho Statewide Trial Court Automated Records Systems (ISTARS) may be used for these purposes. 

   

(Adopted February 10, 1993, effective July 1, 1993.)

 

The forms provided for in these Infraction Rules and the procedures set forth in these rules for the handling of defaults of an infraction shall be modified for non-traffic infractions by eliminating references therein to the suspension of a driver's license. The judgment shall be sent to the office of the prosecuting attorney rather than the Department of Transportation. Forms provided by the Idaho Statewide Trial Court Automated Records System (ISTARS) may be used for these purposes. 

 

(Adopted February 10, 1993, effective July 1, 1993.)

 

Any person appointed by administrative district judge under Rule 12 of the Misdemeanor Criminal Rules shall also have the authority to accept answers to infraction citations or complaints, accept payment of penalties and costs for infraction offenses, execute deferred payment agreements with defendants within the guidelines established by the court, and perform all other duties assigned to the clerk under these rules. 

   

(Adopted March 23, 1983, effective July 1, 1983.)

 

The fixed penalty and court costs for an infraction offense may be paid by cash, money order, personal check, or cashier's check payable to the clerk of the court, or by major credit card or debit card where procedures for accepting such cards are available. Any employee, deputy, official or agent of any court or any district court clerk accepting a personal check under this rule shall not in any case be liable for the payment or reimbursement of the funds represented by such personal check in the event it is dishonored. 

   

(Adopted March 23, 1983, effective July 1, 1983; amended September 4, 2009, effective October 1, 2009.)

 

All proceedings of the court with regard to an infraction citation or complaint, or a show cause hearing as to whether a license should be suspended for failure to pay the fixed penalty and court costs, including all hearings, proceedings, and the trial, if any, shall be reported by a court reporter or recorded by a mechanical means as directed by the court. The citation or complaint, the judgment, and the reporter's notes or recording tape shall be preserved for the time prescribed by order or rule of the Supreme Court. 

   

(Adopted March 23, 1983, effective July 1, 1983; amended March 21, 2007; effective July 1, 2007.)

An appeal to the district court from a judgment for an infraction violation may be taken and processed in the manner prescribed for criminal appeals from the magistrates division to the district court by the Idaho Criminal Rules. 

   

(Adopted March 23, 1983, effective July 1, 1983.)

 

These rules shall take effect on the 1st day of July, 1983, and shall govern the processing of all citations and complaints for infraction violations occurring on or after July 1, 1983. 

   

(Adopted March 23, 1983, effective July 1, 1983.)