Idaho Criminal Rules – 2026

Rule 1 Scope - Courts - Exceptions Rule 2 Purpose and Construction; Title; District Court Rules Rule 2.1 Declarations Rule 2.2 Electronic Signatures Rule 2.3 Form of Pleadings and Documents; Language; Abbreviation and Numbers Rule 3 Complaint; Initiation and Prosecution Rule 3.1 Idaho Uniform Citation Rule 4 Arrest Warrant; Summons; Determination of Probable Cause Rule 5 Initial Appearance Before Magistrate; Determination of Probable Cause; Advice to Defendant; Plea in Misdemeanors; Initial Appearance on Grand Jury Indictment Rule 5.1 Preliminary Hearing; Probable Cause Finding; Discharge or Commitment of Defendant; Procedure Rule 5.2 Transcript of Hearings - Copies for Parties Rule 5.3 Initial Appearance on Probation Violations Rule 6 Formation of the Grand Jury Rule 6.1 Prosecuting Attorney’s Role with Grand Jury Rule 6.2 Transcript of Grand Jury Proceedings Rule 6.3 Secrecy and Confidentiality of Grand Jury Proceedings Rule 6.4 Grand Jury Proceedings Rule 6.5 Indictment Rule 6.6 Grounds for Motion to Dismiss Indictment Rule 6.7 Discharge of Grand Jury Rule 6.8 Other Prosecution Rule 7 Indictment and Information Rule 8 Joinder of Offenses and of Defendants Rule 9 Warrant or Summons upon Indictment Rule 10 Arraignment on Indictment or Information Rule 11 Pleas Rule 12 Pleadings and Motions Before Trial; Defenses and Objections Rule 12.1 Notice of Alibi Rule 12.2 Motions Requesting Additional Defense Services Rule 13 Trial Together of Complaints, Indictments and Informations Rule 14 Relief from Prejudicial Joinder Rule 15 Depositions Rule 16 Discovery and Inspection Rule 17 Subpoena Rule 18 Felony Pretrial conference Rule 18.1 Mediation in Criminal Cases Rule 19 Place of Prosecution and Trial Rule 20 Transfer from the County for Plea and Sentence Rule 21 Transfer for Trial Rule 22 Reserved Rule 23 Trial by Jury or by the Court; Waiver of Jury; Number of Jurors Rule 23.1 Juror Questionnaires; Confidentiality Rule 24 Trial Jurors Rule 25 Disqualification of Judge Rule 25.1 Death or Disability of Judge Rule 26 Evidence Rule 27 Stipulations Not Binding on Court; Continuance of Trial or Hearing Rule 28 Determination of Good Cause Regarding Statutory Trial Time Requirements Rule 29 Motion for Judgment of Acquittal Rule 29.1 Motion for Mistrial Rule 30 Instructions to the Jury; Communications with Jury Rule 30.1 Jury Questioning of Witness Rule 31 Jury Verdict Rule 32 Presentence Investigations and Reports Rule 33 Sentence and Judgment Rule 33.1 Sentencing Procedure When Death Penalty is Authorized and Jury is Waived Rule 33.2 Report of imposition of Death Penalty Rule 33.3 Evaluation of Persons Guilty of Domestic Assault or Domestic Battery Rule 34 New trial Rule 35 Correction or Reducing a Sentence Rule 36 Clerical Mistakes Rule 37 Reimbursement pursuant to Idaho Code Section 37-2732(k); prosecuting attorney fees Rule 38 Stay of Execution; Relief Pending Review Rule 39 Uniform Post-Conviction Procedure Act Rule 40 Reserved Rule 41 Search and Seizure Rule 41.1 Reclaiming Exhibits, Documents or Property Rule 42 Contempt Rule 43 Presence of the Defendant Rule 43.1 Proceedings by Telephone Conference or Video Conference Rule 43.2 Forensic Testimony by Video Teleconference Rule 44 Right to and Appointment of Counsel Rule 44.1 Withdrawal and Substitution of Counsel Rule 44.2 Mandatory Appointment of Counsel for Post-Conviction Review After Imposition of Death Penalty Rule 44.3 Standards for the Qualification of Appointed Counsel in Capital Cases Rule 45 Computing and Extending Time Rule 46 Bail or Release on Own Recognizance Rule 46.1 Bail for Witnesses Rule 46.2 No Contact Orders Rule 47 Motions Rule 48 Dismissal by the Court Rule 49 Service and Filing of Papers Rule 50 Calendars Rule 51 Reserved Rule 52 Harmless Error Rule 53 Juvenile Charged as an Adult Rule 54 Appeals from the Magistrate Division Rule 54.1 Appeal by Permission from Interlocutory Orders of Magistrate Judges