Idaho State Statutes - Idaho Attorney Directory

ATTORNEYS AT LAW -- COLLECTION AGENCIES -- WITNESSES AND EVIDENCE
-- JUDGMENT. It shall not be necessary to summon witnesses, but the plaintiff
and defendant in any claim shall have the privilege of offering evidence in
their behalf, themselves and witnesses appearing at such hearing, and being
duly sworn as in other cases, and the magistrate shall render and enter
judgment as in other cases. No attorney at law shall appear before the court
on behalf of any party at any trial, pretrial matter or posttrial motion in
the small claims department; provided however, that nothing herein shall be
construed to prevent an attorney at law from providing a party with legal
advice concerning the issues in a case or the preparation or presentation of
the case, including the preparation of exhibits, affidavits, or memoranda to
be presented by the party to the action. An attorney may appear in any
proceeding after entry of a small claims judgment relating to the execution of
the judgment, including any proceeding for the examination of the judgment
debtor in aid of execution of the judgment. Any attorney at law or law firm
may be a party to a small claims proceeding and may prosecute any claim the
attorney or law firm may have, except any claim obtained by assignment, and
may appear before the court as any other plaintiff or defendant in the case.
(2) In any case in which a business organization is a party including,
without limitation, a corporation, whether nonprofit or for profit,
partnership, professional association or sole proprietorship, no person shall
represent the organization except an owner of a substantial interest in the
organization or any nonattorney employee of the organization. At the option
of the business organization, the same owner or nonattorney employee may
represent the business organization in any trial de novo on appeal to the
magistrate division and the organization shall not be required to appear
through an attorney at law.
(3) Any assignee of a debt or claim triable in the small claims
department, including any licensed collection agency, may bring an action in
small claims court; provided however, that no attorney at law who is an
assignee of the debt or claim may appear before the small claims court.

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