Idaho State Statutes - Idaho Attorney Directory

PROCEEDINGS TO ENFORCE RIGHT TO EXAMINE OR TO RECEIVE A COPY OF
RECORDS -- RETENTION OF DISPUTED RECORDS. (1) The sole remedy for a person
aggrieved by the denial of a request for disclosure is to institute
proceedings in the district court of the county where the records or some part
thereof are located, to compel the public agency or independent public body
corporate and politic to make the information available for public inspection
in accordance with the provisions of sections 9-337 through 9-348, Idaho Code.
The petition contesting the public agency's or independent public body
corporate and politic's decision shall be filed within one hundred eighty
(180) calendar days from the date of mailing of the notice of denial or
partial denial by the public agency or independent public body corporate and
politic. The time for responsive pleadings and for hearings in such
proceedings shall be set by the court at the earliest possible time, or in no
event beyond twenty-eight (28) calendar days from the date of filing.
(2) The public agency or independent public body corporate and politic
shall keep all documents or records in question until the end of the appeal
period, until a decision has been rendered on the petition, or as otherwise
statutorily provided, whichever is longer.
(3) Nothing contained in sections 9-337 through 9-348, Idaho Code, shall
limit the availability of documents and records for discovery in the normal
course of judicial or administrative adjudicatory proceedings, subject to the
law and rules of evidence and of discovery governing such proceedings.
Additionally, in any criminal appeal or post-conviction civil action, sections
9-335 through 9-348, Idaho Code, shall not make available the contents of
prosecution case files where such material has previously been provided to the
defendant nor shall sections 9-335 through 9-348, Idaho Code, be available to
supplement, augment, substitute or supplant discovery procedures in any other
federal, civil or administrative proceeding.

Click here to visit the Official Idaho State Statutes