COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : : IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF Defendant(s) THE STATE OF IDAHO, IN AND FOR THE COUNTY OF : ...................................................... , Plaintiff, THE PEOPLE OF THE STATE OF NEW YORK TO v. , GREETINGS: Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. CVAPPEAL ORDER WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County ofAttached to this Order is a copy of Idaho Rules of Civil Procedure 81(o). This Rule in room , on the day of , 20 , at o'clock in the noon, and at any recessed ortogether with all other applicable rules of the Idaho in this action on the part of the apply in this adjourned date, to testify and give evidence as a witness Rules of Civil Procedure will proceeding unless otherwise ordered. Your failure comply with set subpoena is trial on the a contempt of court and will make the 1. TRIAL DATE.toThis case is this for a court punishable asdate of __________20_____, at you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. ___________________________ County Courthouse at __:__ __.m. MULTIPLE SET. This case is multiple set. That means there are ,otherof the Justices of the Witness, Honorable one trials set for the same Court in County, day 20 time. The parties should check withof Clerk the, day before the trial to insure that this case will the in fact be tried. This case will not be continued except upon an Order of the Court. If either (Attorney must sign above and type name below) party wishes to continue the case they may file a written applications. A copy of the application must be submitted to the opposing party. Such application must be made two (2) weeks prior to Attorney(s) for trial. Upon good cause the Court can continue the trial setting in this matter. 2. TRIAL DE NOVO. This appeal trial is called a "trial de novo." What that means is that this Office and trial never trial is a whole new trial just as though the original small claims P.O. Addressoccurred. At this new trial, the plaintiff must establish his or her claim (the legal right to recover from the Telephone No.: defendant) and the plaintiff must establish with reasonable certainty the amount of money owed. Facsimile No.: Appeal Order - 1 Updated 4/2001 E-Mail Address: Mobile Tel. No.: SC11-2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA The defendant can present any defensesPlaintiff(s) may have. Please note, however, that while he or she -against- : the original small claims case was an informal trial, this trial is a formal civil trial and the formal : rules of evidence and procedure apply. For instance, hearsay evidence, if objected to, will not be allowed. If you have any questions, talk to your attorney. : Defendant(s) : . .3.. .JURISDICTIONAL .LIMITS.. .Because .this . . .a. trial. de .novo, and because it is a formal civil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is . . . . . trial, and because the formal rules of evidence and procedure apply, and because each party has the right to OF THE STATE OF attorney, and THE PEOPLEbe represented by anNEW YORK because either party can have a jury trial if timely requested, and because the Court at this level is a court of record, the Idaho Supreme Court has TO held that in this type of a trial, all due process requirements have been met, and therefore the jurisdictional limit of $4,000.00 which applies to an original small claims case does not apply to GREETINGS: a small claims appeal. See Gilbert v. Moore, 108 Idaho 165, 697 P.2d 1179 (1985). If you have WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable talk to your attorney. at the Court any questions, located at County of in4. PLEADINGS. Each party is of room , on the day required to file with ,the Court o'clock in the , 20 at noon, and at any recessed a short, concise statement of their or adjourned date, to testify and give evidence as a witness in this action on the part of the claims and/or defenses (as is applicable). This statement shall be filed at least two (2) weeks before the trial date set in this case. A copy of the filed statement shall be provided to the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to opposing whose the address listed was issued for the party on party atbehalf this subpoenain this order. a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 5. DISCOVERY. In conjunction with the statement of each parties' claims/defenses as stated in Witness, Honorable , one paragraph 4 immediately above, each party shall submit to the Court aof theof witnesses they list Justices of the Court in County, day of , 20 anticipate calling at the trial in this matter. That list is to be submitted to the Court at least two (2) weeks before the trial date in this matter. A copy of (Attorney mustto be mailed to name opposing that list is sign above and type the below) party at the address given below. 6. TRIAL COURT EXHIBITS. Exhibits used in the original Small Claims Court Case may or Attorney(s) for may not be in the Court's file. The exhibits may have been returned to the parties at the end of the original small claims trial. If the exhibits are still in the Clerk's file and the parties wish to Office and P.O. Address retrieve those exhibits, they should contact the Clerk's Office. Only those exhibits submitted by the party will be returned to that party. Only the exhibits properly introduced into evidence Appeal Order - 2 Updated 4/2001 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: SC11-2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA during the new trial in this case will Plaintiff(s) be considered by the Court. Of course, a party may -against- : introduce new and additional exhibits not used in the original small claims case. It is the : respective parties' responsibility to locate the exhibits, not the Clerk or the Court. : 7. WITNESSES. Each party may subpoena witnesses to the trial but all subpoena service costs Defendant(s) : . .and .witness .fees .shall . . . paid . . . .by. the .party .issuing . . . .subpoenas to the witness and shall not . . . . . . . . . . . . . . . . be . . . . for . . . . . . . . . . . . . . the . be taxed as costs in the small claims proceeding over the amount of $50.00. See I.R.C.P. 81(d)(2) and 81(p). THE PEOPLE OF THE STATE OF NEW YORK 8. TO PRE-TRIAL HEARINGS. Pre-trial hearings shall be conducted pursuant to Motion and Notice as required by the Idaho Rules of Civil Procedure. The parties should check with the Clerk for available Court times to hear pre-trial matters. GREETINGS: 9. DEFAULT. Failure by either party to appear at the trial shall subject that party to a Default WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable the party is the Defendant or a Dismissal with prejudice if the party is the Plaintiff. at the Court Judgment if located at County of in10. SETTLEMENT. The parties are expected to discuss settlement.in If the case is and at any recessed room , on the day of , 20 , at o'clock the noon, settled the or adjourned date, to testify and give evidence as a witness in this action on the part of the parties are to notify the Clerk's Office immediately. Written proof of settlement should be filed. 11. ATTORNEYS. Attorneys are permitted to appear before the Court on Small Claims Appeal. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Attorney whose behalf this subpoena however, for a maximum penalty of $50 and all damages (see the party onfees the Court can award, was issuedare limited to $25.00 to the prevailing party, sustained as a result of your failure to comply. Idaho Code §12311 and Idaho Rule of Civil Procedure 81(q). The Idaho Supreme Court has Witness, Honorable consistently held that a party may represent themselves. However, , one of the Justices of the also the Supreme Court has Court in County, day of , 20 consistently held that when a party undertakes to represent himself or herself in a case in which that party is entitled to be represented by an attorney, that party is held to theand type standards and same name below) (Attorney must sign above to the same requirements as if the party were represented by an attorney. In other words, if you choose to represent yourself, it is no excuse that you areAttorney(s) for and that you may or may not a lawyer not know the applicable law and rules. You are held to the standard of an attorney. If you have any questions, please contact your attorney. Office and P.O. Address 12. RIGHT TO TRIAL BY JURY. Please note and read that pursuant to Idaho Rule of Civil Procedure 81 (o) (7), you have the right to a trial by jury if timely requested. This Court requires Appeal Order - 3 Updated 4/2001 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: SC11-2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) a demand for jury trial by you to be filed within fourteen (14) days of the date of this order. If -against- : you have any questions, please contact your attorney. : 13. ADDRESSES. The Court files in this matter reflect the following addresses and phone : numbers for the parties: Defendant(s) : . .Plaintiff:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant: ....... ....... ____________________________________ __________________________________ ____________________________________ __________________________________ THE PEOPLE OF THE STATE OF NEW YORK ____________________________________ __________________________________ TO Phone # _____________________________ Phone # ___________________________ If either party's address or phone number is missing or incorrect or if the above address or phone GREETINGS: number changes then that party shall immediately notify the Clerk's Office by filing a written WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before statement with the Clerk's Office of the party's correct address and phone number. It is , the Honorable at the Court located at County of extremely important that theday of have current addresses and o'clock numbers of both parties in Court phone in the in room , on the , 20 , at noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the order to notify the parties of any changes in hearing dates. 14. FILING. All filings shall be submitted to the Clerk's Office with a heading similar to Your failure the heading on this to comply withvery subpoena isthat the headingcontempt thecourt and will make you liable to Order. (.It is this important punishable as a contain of case name and the the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. case number.) Witness, Honorable Court in County, , one of the Justices of the day of , 20 Dated: (Attorney must sign above and type name below) Signed:_______________________________ Magistrate Judge Attorney(s) for Office and P.O. Address Appeal Order - 4 Updated 4/2001 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: SC11-2 American LegalNet, Inc. www.USCourtForms.com