Writing a Request That Works

A records request is a set of search instructions for a stranger who has other work to do. The custodian has to understand what you want, find it, check it for exempt material and send it, often within three working days. Requests that read like search instructions get answered. Requests that read like accusations, or like "everything you have," get extensions, fee estimates and partial answers. This lesson builds the request piece by piece and ends with four full sample letters. Lesson 2 covers which office to send it to.

What the law requires of a request

Sections 74-103 and 74-102 set the rules. 74-103(1) says all requests "shall be made to the designated custodian," that a request "must clearly indicate that it is a public records request," and that an agency, official or employee has no obligation to respond to a request that fails those requirements. 74-102(4) adds the rest:

• An agency may require a written request that specifically describes the subject matter and records sought, "including a specific date range" for when the records were created.
• The requester "shall be as specific as possible."
• A request shall describe records "in sufficient detail to enable the public body to locate such records with reasonable effort."
• A request shall give the requester's name, mailing address, email address, telephone number and a written declaration, under oath, of whether the requester is a resident.
• Requests and delivery of records may be made by email.

Written or oral?

The statute says an agency "may require" a written request, which means some agencies will take a request at the counter or by phone, especially for simple records like a meeting agenda. Write it anyway. The deadline in 74-103(2) runs from receipt of the request, and the 180-day window to go to court in 74-115 runs from the denial. Without a dated written request, both are hard to prove. Courts follow their own rule: Idaho Court Administrative Rule 32 allows oral or written requests to a court custodian, who may require a written one.

The residency declaration

Residency decides whether the three-working-day clock or the 21-day clock applies, and whether the first two hours of labor and first 100 pages are free (lessons 4 and 5). The Attorney General's July 2026 manual includes a sample email request with a declaration of residency, and the AG's public records page lists the same five items it asks requesters to include. The sample letters below use a short declaration that tracks the statute. A resident under 74-101(15) is someone domiciled in Idaho for at least 30 days, not counting a full-time student who is a resident of another state; Idaho domestic entities count as residents. A false declaration under oath is a serious matter, so declare what is true. Nonresidents should say "I am not an Idaho resident," and if employed by an Idaho resident (for example, a reporter for an Idaho newspaper), say so, because 74-103(2) and 74-102(10)(g) treat employees of residents differently from other nonresidents.

Forms, portals, letters and email

Many agencies have a request form, and several state agencies take requests through web portals: the Idaho Transportation Department, Idaho State Police and Secretary of State each link one from their home pages. Using the agency's form or portal is usually fastest because it routes to the custodian and logs the date. Nothing in Title 74 makes a particular form mandatory, though, and a letter or email that meets 74-102(4) and 74-103(1) is a valid request. If a form asks for something the law does not require, such as the purpose of your request, you may leave it blank; 74-102(5) bars that question except in narrow cases.

When you use a portal, save a copy of what you submitted and the confirmation number or screenshot. Portals change, and some do not email you a copy of your own words. When you use email, send it to the custodian's address posted under 74-119, put "Public Records Request" in the subject line, and ask for confirmation of receipt.

Jeff's Idaho FOIA / Public Records Letter Generator generates request letters. Use it to start a draft, then add the specific descriptions, date ranges and format requests this lesson covers.

Describing the records

"Reasonable effort" is the standard. A custodian can find "the contract between Cedar Bluff County and Ridgeline Paving signed in 2025" in minutes. "All records about roads" could take months and still miss what you want. The AG manual lists a 1995 Fourth District case in which a court held that a sweeping request, narrowed by the requester but still "extremely broad," had to be filled anyway. Do not rely on that. Broad requests trigger extensions, labor fees and arguments; narrow ones get records.

Build each description from these parts:

• Who: the people or offices involved. "Emails between the road superintendent and anyone at Ridgeline Paving."
• What: the subject, project, case or decision. "Concerning the Mill Creek Road overlay project."
• Which kind: the record type. Contracts, change orders, inspection reports, invoices, emails, text messages, calendars, video, spreadsheets, policies.
• When: a date range for when the records were created. "From January 1, 2026 through June 30, 2026."

Some phrasing habits help:

• "Records sufficient to show" asks for the smallest set that answers a question. "Records sufficient to show the total amount paid to Ridgeline Paving in fiscal year 2026" may get you a one-page ledger report instead of 400 invoices.
• Number your items. A list of items 1 through 5 lets the custodian release the easy items first and lets you track which ones were answered.
• Name documents you know exist. If an agenda item mentions a "staff memorandum dated March 3," ask for that memorandum by its title and date.
• Ask for the index first. For big files, ask for a file index, a contract list or a log of permit applications, then request the items you need.
• Do not ask for future records. The Act reaches records that exist when you ask. Send a new request later. Rule 32 says outright that courts will not consider continuing requests for documents not yet in existence.

Email, texts and other messages

Email requests fail most often because the custodian cannot tell whose mailbox to search or for what. Give the custodian the search instructions an IT staffer would need:

• Accounts: name the people or official accounts. "The county email accounts of Commissioners A, B and C and the county road superintendent."
• Dates: a sent or received range.
• Terms: a short list of search terms. Use distinctive words (a project name, a road name, a company name, a permit number) instead of common ones like "road" or "budget."
• Direction: sent, received or both, including cc and bcc.
• Attachments: say whether you want them.
• Texts and other apps: if officials may have discussed the matter by text or chat, ask for those too, from county-issued and personal devices, to the extent they relate to the public's business. The AG manual says texts are public records under the same rules as email. Lesson 7 covers the details.

Asking for the right format

74-102(15) says nothing prevents an agency from providing a copy "in electronic form if the record is available in electronic form and if the person specifically requests an electronic copy." The key words are "specifically requests." If you do not ask, you may get paper, and paper over 100 pages costs money.

The limit is that the Act gives access to records as they exist. The AG manual says an agency need not provide records in a format it does not use in the normal course of business, need not alphabetize data for you, and need not hire a programmer to produce a custom format. So ask for the format the agency already has:

• For spreadsheets and data: "in the native spreadsheet format (for example .xlsx or .csv) in which the records are kept." A PDF of a spreadsheet is much harder to analyze.
• For databases: "an export of the existing data fields in a delimited or spreadsheet format, if the system can produce one," and ask for any data dictionary or field list.
• For email: "in electronic form, with attachments, and with the sender, recipients and date visible." Some agencies can export native message files; others print to PDF.
• For audio and video: "a digital copy in the format the recording is kept in."

If a record must be converted to a different electronic format, 74-103(2) says the agency must tell you in writing and deliver the converted record at a mutually agreed time. Under 74-102(10)(d), the agency may charge its cost of conversion, including a third party's charge. That is one more reason to ask for the existing format.

Inspection or copies

You can ask to inspect, which 74-101(5) defines as the right to listen, view and make notes without altering or damaging the record, or to receive copies. Inspection is often the smart first step for a big paper file: look through it in person, then ask for copies of only the pages you need. Copy charges do not apply if you take no copies, but labor fees under 74-102(10) can still apply once locating and reviewing the records passes two hours for a resident.

Under 74-102(2), the right to copy includes making photographs or other copies "using equipment provided by the public agency or using equipment designated by the custodian." The custodian decides what equipment may be used, so ask before photographing pages with your phone. The AG manual traces that control to Adams County Abstract Co. v. Fisk (Idaho Court of Appeals, 1990), where a title company could not insist on bringing its own copier into the courthouse. Inspection happens during regular office hours unless the custodian authorizes otherwise, and after-hours staffing can be charged in advance (74-102(8)). If you need a certified copy, for example to file in another proceeding, 74-102(3) requires the custodian to provide one on demand when the record permits it.

Ask for a fee estimate first

For residents, no fee may be charged for the first two hours of labor or the first 100 pages of paper copies, unless another law sets the fee (74-102(10)(a)). Beyond that, agencies may charge actual labor and copy costs, including attorney time for redactions at set rates. Other provisions help a requester control cost:

• Itemized statements. Under 74-102(10)(h), fee statements must show per-page costs, hourly rates and actual time spent. "No lump sum costs shall be assigned."
• Advance payment. Under 74-102(12), the custodian may require payment in advance, and must refund any part of an advance that exceeds actual costs.
• Help narrowing. Under 74-102(9), the agency may give you information to narrow or sharpen a request likely to be voluminous or to require payment.

So say in your request: "If fees are expected to exceed $25, please send an itemized estimate before starting work." That sentence prevents surprise bills and starts the conversation that leads to a narrower request. Do not split one big request into many small ones to stay under the free threshold; 74-102(11) lets an agency combine requests it reasonably believes were split to avoid fees, though it may not combine requests on unrelated subjects. Lesson 5 covers fees, waivers and the arithmetic.

The request checklist

Element	Why it matters	Example wording
Addressed to the custodian	74-103(1) requires it; a misdirected request may go unanswered	"To the Public Records Custodian, Cedar Bluff County"
Labeled as a records request	74-103(1) requires a clear indication	Subject: "Public Records Request under Idaho Code 74-102"
Contact information	Required by 74-102(4)	Name, mailing address, email, phone
Residency declaration	Required by 74-102(4); sets deadline and fees	"I declare under oath that I am a resident of Idaho as defined in Idaho Code 74-101(15)."
Who	Tells the custodian whose files to search	"Records of the road superintendent and the county engineer"
What	Narrows to your subject	"Concerning the Mill Creek Road overlay project"
Which record types	Avoids missing a category	"Contracts, change orders, inspection reports, invoices and emails"
Date range	An agency may require it; it limits the search	"Created January 1, 2026 through June 30, 2026"
Email search terms	Makes an email search possible	"Containing 'Mill Creek' or 'Ridgeline'"
Format	Electronic copies must be specifically requested (74-102(15))	"Electronic copies, spreadsheets in native format"
Fee instruction	Prevents surprise charges	"Please send an itemized estimate if fees will exceed $25."
Partial release	Gets easy items moving	"Please release records as they become available."
Redaction request	74-112 requires release of nonexempt parts	"If any part is withheld, please release the rest and cite the statute for each redaction."
Date and copy	Starts the clock and proves it	Dated letter or email; save the sent copy

Four sample letters

These use invented agencies and people. Replace bracketed text. Each would be sent by email to the posted custodian address unless the agency requires a form or portal, in which case paste the same text into it.

1. County emails about a road project

Subject: Public Records Request under Idaho Code 74-102

To: Public Records Custodian, Cedar Bluff County

This is a public records request under the Idaho Public Records
Act, Idaho Code 74-101 et seq. I request copies of the following
records created from January 1, 2026 through June 30, 2026:

1. All emails, with attachments, sent or received by the county
   email accounts of the road superintendent, the county engineer
   and each county commissioner that contain "Mill Creek" or
   "Ridgeline Paving".
2. The executed contract with Ridgeline Paving for the Mill Creek
   Road overlay, with all change orders.
3. Inspection reports and material test results for the project.
4. Records sufficient to show all payments to Ridgeline Paving for
   the project.

Please provide electronic copies. For any spreadsheet, please
provide it in the native format in which it is kept. Please
release records on a rolling basis as they are ready.

If any record or part of a record is withheld, please release the
nonexempt remainder as Idaho Code 74-112 requires and cite the
statute for each withholding. If fees are expected to exceed $25,
please send an itemized estimate before starting work.

Requester: [Full name]
Mailing address: [Street, city, ZIP]
Email: [address]   Telephone: [number]

Residency declaration: I declare under oath that I am a resident
of the State of Idaho as defined in Idaho Code 74-101(15), and
have been domiciled in Idaho for at least 30 days.

[Signature]   [Date]

2. A sheriff's incident report

Subject: Public Records Request under Idaho Code 74-102

To: Public Records Custodian, Pine Ridge County Sheriff's Office

This is a public records request under the Idaho Public Records
Act. I request copies of the following records about the incident
reported at or near the 400 block of Orchard Lane, Pine Ridge
County, on or about August 14, 2026 (case or call number, if
known: [number]):

1. The initial incident report.
2. The dispatch or call-for-service log entries for the incident.
3. Any body-worn or vehicle camera recordings of the response.

Idaho Code 74-124(3) provides that the time, date, location,
nature and description of a reported incident, and the name, sex,
age and address of any person arrested, are not investigatory
records. If any other part of these records is withheld under
74-124(1), please release the remainder and identify which
subsection of 74-124(1) applies to each withholding.

I am making this request promptly because Idaho Code 31-871 sets
short minimum retention periods for law enforcement recordings.
Please preserve the recordings while this request is pending.

Please provide electronic copies, with video in the format in which
it is kept. If fees are expected to exceed $25, please send an
itemized estimate first.

Requester: [Full name]
Mailing address: [Street, city, ZIP]
Email: [address]   Telephone: [number]

Residency declaration: I declare under oath that I am a resident
of the State of Idaho as defined in Idaho Code 74-101(15).

[Signature]   [Date]

3. A school district contract

Subject: Public Records Request under Idaho Code 74-102

To: Public Records Custodian, Aspen Valley School District

This is a public records request under the Idaho Public Records
Act. I request copies of:

1. The current contract between the district and any company
   providing student transportation (bus) services, with all
   amendments, from July 1, 2024 to the date of this request.
2. The request for proposals or bid solicitation for that service
   and the bid tabulation or scoring sheet.
3. The board agenda pages, minutes and staff memoranda for each
   board meeting at which the contract or an amendment was approved.
4. Records sufficient to show total payments to the contractor in
   fiscal years 2025 and 2026.

I am not requesting any student education records. If any record
contains student personally identifiable information, please
redact it and release the rest.

Please provide electronic copies. If fees are expected to exceed
$25, please send an itemized estimate first.

Requester: [Full name]
Mailing address: [Street, city, ZIP]
Email: [address]   Telephone: [number]

Residency declaration: I declare under oath that I am a resident
of the State of Idaho as defined in Idaho Code 74-101(15).

[Signature]   [Date]

4. A state agency dataset

Subject: Public Records Request under Idaho Code 74-102

To: Public Records Custodian, [Name of state agency]

This is a public records request under the Idaho Public Records
Act. I request an electronic copy, under Idaho Code 74-102(15), of
the following existing records:

1. An export of the agency's existing database or tracking list of
   [grant awards / permits / inspections] issued from January 1,
   2023 through December 31, 2025, including these fields if they
   exist: recipient or permittee name, county, date, amount or
   permit type, and status.
2. Any data dictionary, field list or user guide that explains the
   fields in that database or list.

I am asking for data in the form the agency already keeps it, in a
delimited text (.csv) or spreadsheet format if the system can
produce one. I am not asking the agency to create a new record. If
any field is exempt, please omit or redact that field and release
the rest. If conversion to another format is needed, please tell me
in writing as Idaho Code 74-103(2) provides.

This information will not be used as a mailing or telephone list.

If fees are expected to exceed $50, please send an itemized
estimate before starting work.

Requester: [Full name]
Mailing address: [Street, city, ZIP]
Email: [address]   Telephone: [number]

Residency declaration: I declare under oath that I am a resident
of the State of Idaho as defined in Idaho Code 74-101(15).

[Signature]   [Date]

Notes on the samples. The sheriff letter quotes the categories 74-124(3) says are not investigatory records, which helps a custodian release them even during an investigation; lesson 8 explains the rest of that section. The request to preserve video does not by itself create a legal hold under Title 74, but it puts the agency on notice, and 31-871(3) gives a recording evidentiary value, and a 200-day minimum, when a person recorded in it or that person's representative files a valid records request. The dataset letter includes a line about mailing lists because a list of names and addresses can trigger the inquiry 74-102(5)(b) allows under 74-120; say it only if it is true.

Records about yourself

If the records are about you, say so. Under 74-113 you may inspect and copy an agency's records about you even when they are exempt from public disclosure, subject to exceptions for ongoing investigations, litigation material, adoption records, records closed by statute or court rule, and prisoner records. Expect the custodian to verify your identity, which 74-102(5)(a) allows.