Motion Practice; Trial Procedures; Criminal Procedures; Civil Procedures

=== Motion Practice ===

Chief U.S. District Judge Amanda K. Brailsford Motion Practice Motion Practice Print PDF Hearings: Judge Brailsford will hear oral argument on virtually every summary judgment motion, some motions to dismiss, and other motions as necessary. Counsel should be prepared for questions from the Bench. The Court will have read the briefs, and counsel is expected to be prepared to discuss their argument, not just recite their briefs. Generally, each side will be allotted 20 minutes to present their oral argument. The moving party will generally argue first, and counsel for the moving party should recognize that he/she should reserve some of their 20 minutes for rebuttal argument. In rare instances, the Court will grant additional time to each side. However, requests for additional time must be resolved prior to the hearing. Notice of Hearing: The Court will issue a notice of hearing. The parties do not need to contact the Court to schedule a hearing. (Dist. Idaho L. Rule 7.1). Telephonic Hearings: Telephonic hearings will be scheduled only upon request and authorization by the Judge, and only if the parties are unable to attend an in-person hearing. If a telephonic hearing is scheduled, all attorneys will appear by telephone. The Court's notice of hearing will provide instructions for initiating the telephone conference, and typically will require the moving party to initiate the call. Motions for Summary Judgment: Judge Brailsford prefers only one (1) summary judgment motion per side. The Judge recognizes that the complexity or number of issues presented by some rare cases will make it difficult to address all issues within the 20 page limit for briefs, Dist. Idaho Loc. R. 7.1(b)(1). In those rare cases, counsel should file a motion for permission to file an over-length brief, rather than filing a number of separate dispositive motions in an effort to comply with the twenty-page limit. Cross Motions for Summary Judgment: To avoid the panoply of briefs generated by the filing of cross motions for summary judgment, the Court prefers that the briefing be combined as follows: initial motion for summary judgment; response combined with cross motion; reply combined with response to cross motion; and a final reply brief. If the parties are unable to address the issues in the 20 page limit, they may request permission to file an overlength brief. Motions to Dismiss: Since the Supreme Court’s decisions in Iqbal and Twombley , we have seen a substantial increase in motions to dismiss which contend that the complaint does not comply with the Iqbal-Twombley standard. In the Court’s experience, such motions are almost always resolved by granting the offending party an opportunity to amend their pleadings. For that reason, Judge Brailsford expects that counsel, prior to filing a motion to dismiss based upon Iqbal-Twombley, will contact opposing counsel, advise them of the perceived shortcomings in the allegations of the complaint, and attempt to reach agreement for the filing of an amended complaint. If it is still necessary to file a motion to dismiss, the moving party should indicate in their motion that this process has been followed and that it is still necessary to file a motion to dismiss. Motions to Strike: Motions to strike filed in response to a motion for summary judgment are disfavored. Fed. R. Civ. P. 56(c) permits a responding party to object to evidence (or cited material) that is not admissible. The objection functions like an objection at trial, and may be contained within the briefing or in a separate appendix. Counsel are discouraged from filing separate motions to strike, which prolongs the summary judgment briefing schedule. Issuance of Order on Non-Contested Motions: Judge Brailsford will make every effort to have an order issued on all non-contested motions within 7 days. Counsel are strongly encouraged to contact the law clerk assigned to the case if an order has not been issued on a non-contested motion within this time frame. Issuance of Decision on Contested Motions: Judge Brailsford's chambers has an aspirational goal of issuing a decision on every contested motion within 45 days after the motion is at issue, i.e ., oral argument has been held or the final brief has been filed on motions in which there is no oral argument. At times, it is impossible to achieve this aspirational goal because of the Judge’s trial schedule or the press of a busy docket. Counsel are strongly encouraged to contact the law clerk assigned to the case if a motion has been at issue for more than 60 days. Assistance: Contact the Judge's Courtroom Deputy for assistance with scheduling, or if the parties require a modification of the hearing date or time. Applicable Rules - Motion Practice Applicable Rules - Motions Dist. Idaho L. Rule 7.1 Courtroom Deputy Print PDF Email Sabrina Stokes Print Me Clerk's Office Welcome General Information ECF|PACER Orders|Rules Careers ILHS Contact Us Bankruptcy Court Welcome ECF|PACER For Attorneys Forms|Fees & Rules Judges Self Representation General District Court Welcome Jury ECF|PACER For Attorneys Forms|Fees & Rules Judges Self Representation General Probation Welcome Pretrial Presentence Supervision Work With Us Disclosure Contact Us Your browser is Safari 604.1 running on iOS using the IP of ( 136.49.70.108 ) Glossary of Legal Terms | Privacy Policy

=== Trial Procedures ===

Chief U.S. District Judge Amanda K. Brailsford Trial Procedures Judge Brailsford's Trial Procedures Setting a Trial Date: If the Judge’s ruling on dispositive motions does not resolve the case, the Judge or her staff will conduct a telephonic status conference shortly after all dispositive motions have been ruled upon for the purpose of setting a trial date and a pretrial conference. Plaintiff’s counsel shall contact the Courtroom Deputy within one week following the entry of a decision on all pending dispositive motions to make arrangements for the telephonic trial setting conference between counsel and the law clerk assigned to the case. If no dispositive motion is filed, Plaintiff’s counsel shall contact the Courtroom Deputy within one week after the dispositive motion filing deadline to set the telephonic trial setting conference. At the trial setting conference, a date for the trial and the pretrial conference will be set, and deadlines will also be established for the submission of motions in limine, trial exhibit lists, trial witness lists, proposed voir dire to be asked of the jury, and jury instructions. Rule 702 Motions : In cases involving serious Daubert issues, the parties shall contact the law clerk handling the case two weeks after the trial setting conference to determine whether a hearing is necessary. Exhibits/Witness Lists: The Court encourages the parties to meet prior to the pretrial conference to discuss issues related to the trial, such as stipulations regarding the admissibility of exhibits. Exhibit and witness lists are due two weeks prior to trial, unless the order setting the trial date establishes a different deadline. Pretrial Conference: The pretrial conference will be scheduled at least two weeks prior to the date of the trial. The pretrial conference is held in person in complex cases and by telephone in all other cases unless otherwise ordered. At the pretrial conference, the Court will discuss its general trial preferences, jury instructions will be discussed, and an agreement will be reached as to whether jurors will be allowed to ask questions of the witnesses. By the time of the pretrial conference, counsel will be expected to have met and tried to resolve most, if not all, objections to proposed trial exhibits. At the pretrial conference, the Judge will work with counsel to resolve as many other evidentiary objections as possible. Motions in Limine: It is anticipated that motions in limine will be argued at the pretrial conference, and if possible, decided. Trial Procedures Judge Brailsford uses the Struck Jury System for jury selection. Judge Brailsford conducts most voir dire of the jury panel, but allows counsel 20-30 minutes each for follow-up. Counsel are encouraged to submit proposed questions for Judge Brailsford to use in her voir dire of the jury. Trials will typically begin on Monday at 1:30 p.m. Thereafter, trials will be conducted Tuesday through Friday from 8:30 a.m. to 2:30 p.m., with two 20-minute recesses per day. Plaintiff’s counsel will be expected to provide defense counsel at the beginning of the trial with a rolling list of the witnesses they expect to call, and the order in which they will be are called.The list must be updated so that defense counsel is aware of any changes in the order of witnesses, at least 36 hours in advance.Defense counsel will be subject to the same requirement after they begin presenting their case. Jury Instructions: The Court will try to conduct at least 2 or 3 informal jury instruction conferences off the record to try and resolve most differences by agreement. Those sessions will be held at the end of the trial day and may stretch into the evening. At the end of those sessions, the Court and the parties typically will have refined the issues of contention so that the court can give you a set of final instructions, and you can state your objections on the record. Avoid Jury Contact: Counsel are responsible for advising their clients, their witnesses, and everyone associated with their clients to avoid all contact with the jurors. This prohibition includes seemingly innocuous behavior like riding on an elevator with a juror, saying hello to a juror, or even acknowledging the juror’s presence. Speaking Objections Not Permitted: During the time the jury is in the jury box, no argument, beyond one-sentence evidentiary objections, shall be allowed to interrupt the flow of testimony. Almost all objections should be stated in one to three words (“hearsay”, “asked & answered”, “irrelevant”, etc.). If counsel have matters that need to be resolved outside the presence of the jury, they are to advise the Court and counsel prior to the issue arising during trial so that it can be heard during a recess, or before or after the jury convenes. Where the need for such a hearing cannot be anticipated, the Court will direct the examining counsel to avoid the objectionable subject and continue on a different line of questioning so that the objection can be argued and resolved at the next recess. To avoid late-night sessions, counsel are advised to bring up all anticipated evidentiary questions in their pretrial briefs. Judge Brailsford's Exhibit List Instructions Witness List Exhibit List Applicable Rules - Trial Print PDF Pretrial Conferences: Dist. Idaho L. Rule 16.2 Trial Submissions: Dist. Idaho L. Rule 16.3 Jury Instructions: Manual of Model Civil Jury Instructions for the Ninth Circuit Idaho Civil Jury Instructions Courtroom Deputy Print PDF Email Sabrina Stokes Print Me Clerk's Office Welcome General Information ECF|PACER Orders|Rules Careers ILHS Contact Us Bankruptcy Court Welcome ECF|PACER For Attorneys Forms|Fees & Rules Judges Self Representation General District Court Welcome Jury ECF|PACER For Attorneys Forms|Fees & Rules Judges Self Representation General Probation Welcome Pretrial Presentence Supervision Work With Us Disclosure Contact Us Your browser is Chrome 119.0.0.0 running on Mac OS X using the IP of ( 136.49.70.108 ) Glossary of Legal Terms | Privacy Policy

=== Criminal Procedures ===

Chief U.S. District Judge Amanda K. Brailsford Criminal Procedures Judge Brailsford's Criminal Procedures Print PDF Procedural Orders A procedural order based on a standardized form is entered at a defendant’s initial appearance by the magistrate judge. Unless otherwise ordered by the Court, procedural orders are not entered in petty offense cases. No scheduling conference is held. Sealed Information Print PDF A request to seal must be made by motion and accompanied by supporting briefing and a proposed order. Court will order sealing where appropriate. At arraignments, if pretrial services reports are admitted as evidence, they are automatically sealed. Financial affidavits are automatically sealed. Search warrants require a motion and proposed order to seal, if a party seeks to have the warrant sealed. Continuances Print PDF Judge Brailsford is generally receptive to an initial request for the continuance of a trial setting by the defendant. A request for further continuances will be closely scrutinized and may well be denied. Requests for continuance should be supported by an affidavit and should set forth facts from which the Court can conclude whether the requested continuance would support a finding of excludible time under the Speedy Trial Act. The motion and supporting affidavit must be docketed on CM/ECF. Discovery Print PDF Most issues regarding discovery are addressed in the procedural order. Judge Brailsford strongly encourages the use of an “open file” policy by the U.S. Attorney’s Office. Judge Brailsford enforces any reciprocal discovery obligations of defense counsel. Motions Print PDF The deadline for filing of motions is set in the procedural order unless otherwise ordered by the Court. Motions to suppress invariably require an evidentiary hearing. The Courtroom Deputy will set the matter for an evidentiary hearing. Oral Argument or Briefing Print PDF The moving party should contact the Courtroom Deputy for a hearing date and time, or to determine if oral argument is necessary. Witness Disclosure Print PDF Disclosure must comply with the Federal Rules and applicable case law. Witnesses should be disclosed in accordance with procedural order deadlines. Plea Agreements Print PDF Most criminal cases are resolved by plea agreement. Last minute plea agreements pose a significant challenge for any judge managing a busy trial docket. For that reasons, Judge Brailsford expects that all plea negotiations will have been completed prior to the time of the Trial Readiness Conference, which is typically scheduled two weeks before trial. Trial Procedures Print PDF Judge Brailsford uses the Struck Jury System for jury selection. Judge Brailsford conducts most voir dire of the jury panel, but allows counsel 20-30 minutes each for follow-up. Counsel are encouraged to submit proposed questions for Judge Brailsford to use in her voir dire of the jury. Trials will typically begin on Monday at 1:30 p.m. Thereafter, trials will be conducted Tuesday through Friday from 8:30 a.m. to 2:30 p.m., with two 20-minute recesses per day. Witnesses must be disclosed in accordance with procedural order deadlines. In addition, the AUSA trying the case must provide defense counsel at the beginning of the trial with a rolling list of the witnesses they expect to call, and the order in which they will be called. The list must be updated so that defense counsel are aware of any changes in the order of witnesses, at least 36 hours in advance. Speaking objections are not permitted. Presentence Reports Print PDF Objections to the presentence report must be in writing and submitted by the date ordered. Motions for departure should be filed on or before the date objections are due. Counsel are provided with copies of all sentencing materials and recommendations provided to the Court by the Probation Office. The final report is sealed by the Court after sentencing. Disclosure is limited by Federal Rule of Criminal Procedure and Local Criminal Rule 32.1. Sentencing Procedures Print PDF The sentencing in a routine case will be scheduled for 45 minutes. If counsel feels that extensive evidence will be presented or that additional time is necessary, they should contact the Courtroom Deputy at least 2 weeks before the scheduled sentencing date. Sentencing memoranda are not required. If submitted, memorandum should be filed at least seven calendar days before the sentencing date. Letters of support should be submitted to the Presentence Investigator. Victims and individuals speaking in support of a defendant will be allowed to address the court without being placed under oath. However, individuals whose statements may bear upon a sentencing guideline issue, must be placed under oath and subject to cross examination. Criminal Procedure Forms Forms - Criminal Procedures Official AO Forms & Fees Directory Criminal Procedural Order General Order 423 Waiver of Right to Have District Judge Take Plea Waiver of Detention/Detention Order (Rev 11/2022) This proposed order should be sent to the appropriate Judge's proposed orders email box and the CRD notified. Waiver of Right to Remain in Federal Custody Federal Criminal Rules Print PDF Federal Rules & Policies This site provides access to the federal rules and forms in effect, information on the rulemaking process and historical and archival records. Federal Rules of Criminal Procedure Federal Rules of Evidence Federal Rules of Appellate Procedure Courtroom Deputy Print PDF Email Sabrina Stokes Print Me Clerk's Office Welcome General Information ECF|PACER Orders|Rules Careers ILHS Contact Us Bankruptcy Court Welcome ECF|PACER For Attorneys Forms|Fees & Rules Judges Self Representation General District Court Welcome Jury ECF|PACER For Attorneys Forms|Fees & Rules Judges Self Representation General Probation Welcome Pretrial Presentence Supervision Work With Us Disclosure Contact Us Your browser is Safari 604.1 running on iOS using the IP of ( 136.49.70.108 ) Glossary of Legal Terms | Privacy Policy

=== Civil Procedures ===

We're Sorry... We could not find the page your were looking for This page you requested does not seem to exist or has moved. The Webmaster has been notified and we will get this sorted out pronto! If you came here from a bookmark, please delete it and find the new destination using the Horizontal Menu above in conjunction with the Left Navigation for that section or try the search. Please enjoy other areas of our site and have a great day! United States District & Bankruptcy Courts Welcome PHONE SCAMS Print PDF Phone SCAMS are not new but they are evolving and becoming more frequent. Recently a SMS scam is circulating requesting the victim to deal with an outstanding traffic violation or something similar. The intent is to capture funds from you!! DO NOT FOLLOW ANY LINKS provided in SMS/Text messages. The US Courts and most State and Local courts WILL NEVER contact you via SMS/Text Message!! The below sample is similar to what is circulating right now. "Idaho District Court – Traffic Violation Summons Issuing Officer: Sergeant Leo Armstrong, Badge # ID-7143Judge: Nora Campbell Clerk: Paula Jenkins Case #: ID-DC-2026-TR-28596 This official summons requires you to attend the District Court hearing at 9:35 a.m. on May 1, 2026, to settle your outstanding traffic violation fine. If you fail to attend the court hearing or settle this case without delay, the court will issue a bench warrant, suspend your driver’s license forthwith, impound your vehicle, issue a civil ruling, withhold your wages, and seize your personal assets by legal force. Court procedures will proceed as scheduled without any further individual notification. Resolve immediately: https://id.govzxui.autos/dmv Do not disregard this official notice. Reply with the letter “Q” to acknowledge receipt. If the embedded link cannot be accessed, please copy and paste it into your browser, or restart the message to try again. Idaho District Court" Welcome The District of Idaho Clerk of Court, Stephen W. Kenyon, welcomes you to the U.S. District and Bankruptcy Courts for the District of Idaho. We are one of 15 districts in the Ninth Circuit which spans 9 western states. Idaho is proud to be one of only six consolidated District and Bankruptcy Clerks' Offices within the federal judiciary. The U.S. Courts for the District of Idaho was created with statehood in 1890. Our offices are located in Boise , Coeur d'Alene , and Pocatello . We trust this website will give some insight into the functions of the U.S. Courts and how the Clerk's Office can better serve the people of the State of Idaho. District of Idaho News Public Notice re District Local Rules Changes Jun 09, 2026 District of Idaho Courthouses Closed - June 19 Jun 08, 2026 Announcement- Magistrate Judge Position -POC Jun 01, 2026 District of Idaho Courthouse Closed - May 25-26 May 11, 2026 BOI Courthouse District of Idaho Courthouses Closed - May 25 May 11, 2026 POC and CDA Courthouses Judge Wilson Investiture, May 8th 3:00 PM May 05, 2026 Mission Statement Mission Statement The mission of the United States District and Bankruptcy Courts for the District of Idaho is to provide an impartial and accessible forum for the just, timely and economical resolution of legal proceedings within the jurisdiction of the Courts, so as to preserve judicial independence, protect individual rights and liberties, and promote public trust and confidence. JURY SCAMS Print PDF DON'T TRUST - JUST VERIFY Citizens of Idaho are being targeted by phone calls threatening arrest for contempt of court, written citations, warrants for failing to comply and/or not showing up for federal jury service. Scammers sound convincing and use real information about the victim, actual court addresses and names of federal judges or local law enforcement officers to make the scam appear more credible. Scammers may even “spoof” the phone number on caller ID so that the call falsely appears to be from law enforcement and may have police radio traffic in the background. Callers tend to have an accent, are threatening, intimidating and try to keep you on the phone. You may also be told to report to the police department to provide your signature for verification that your signature matches what is on your jury documents. Never meet these individuals, provide cash,contact a Bail Bondsman, purchase pre-paid money cards or provide personal information. The callers are requesting hundreds to thousands of dollars and advising that your money would be refunded after the matter is taken care of and after a Zoom call with the Judge. If you do not comply with their demands, they get angry and may text or tell you that deputies are on their way to arrest you. Citizens receiving these calls can defend yourself by simply hanging up the phone. The U.S. District Court of Idaho wants citizens to know that these calls are not from court officials. Federal courts do not require prospective jurors to provide sensitive information, nor do we call and threaten prospective jurors or request any sort of payment. It is a crime for anyone to falsely represent himself or herself as a federal court official. Citizens receiving threatening phone calls for failure to report for jury duty should never provide sensitive information such as: credit card numbers, bank account information, social security numbers, etc. about themselves or family members. Don’t be a victim. Hang up the phone and spread the word that scammers are actively calling citizens regarding jury service. IF YOU HAVE ANY QUESTIONS/CONCERNS AS TO WHETHER OR NOT YOU MISSED JURY SERVICE, GO DIRECTLY TO THE FEDERAL COURTHOUSE AND SPEAK TO JURY STAFF. Your Employee Rights and How to Report Misconduct Your Employee Rights and How to Report Misconduct Please review the below information regarding employee rights and the avenues available to report wrongful conduct. 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