Civil, Small Claims, Family and Probate Records

Civil and family files are where most people meet the courts: a landlord and tenant, a collection agency and a former customer, two parents, a family settling an estate. They are also where the public's right to see court records runs into the most private parts of people's lives. Idaho handles that tension case type by case type in I.C.A.R. 32. This lesson goes through each type: what the file holds, what the rule closes, and which outside records complete the picture. Search mechanics are in lesson 2 and reading the register is in lesson 4.

The anatomy of a civil case file

A general civil case (contract disputes, injuries, property fights, business disputes, suits against governments) follows the Idaho Rules of Civil Procedure. The main documents arrive in a predictable order.

• Complaint. The plaintiff's story and demand. Every claim in it is an allegation. Quote it as "the complaint alleges," never as fact.
• Case information sheet. Filed with the complaint under I.R.C.P. 3(d). It holds personal identifying details for the court's internal use and is exempt under I.C.A.R. 32(g)(17)(F).
• Summons and proof of service. The summons warns the defendant that failing to appear and defend will result in a default judgment (I.R.C.P. 4). The proof of service shows when and how the defendant got the papers, which starts the clock.
• Answer. Due 21 days after service under I.R.C.P. 12(a). The answer admits or denies each paragraph and may add defenses and counterclaims. Reading the complaint without the answer gives you half the case.
• Motions and briefs. Motions to dismiss, for summary judgment, to compel discovery. Briefs and affidavits filed with them often contain the best factual material in the file: sworn statements, contracts, emails, photos.
• Discovery, mostly not filed. Under I.R.C.P. 33, "Neither the interrogatories nor the answers are to be filed with the court." The party who served them keeps the originals and files only a notice of service. So the register will show "Notice of Service of Discovery" entries with no underlying documents. Discovery reaches the file only when someone attaches it to a motion. Courts may also enter protective orders under I.R.C.P. 26(c) to limit disclosure of discovery material for good cause.
• Orders, minutes and judgments. Public under I.C.A.R. 32(d)(5). The judgment is the document that says who owes what.
• Settlement and dismissal. Most civil cases end with a stipulation to dismiss. The settlement agreement itself is usually a private contract that is not filed, so the file may say only "dismissed with prejudice" and never say who paid what.

Document	What it tells you	Usually in the public file?
Complaint	Who sued, the allegations, the relief demanded	Yes
Case information sheet	Contact and identifying data for the court	No (32(g)(17)(F))
Summons, return of service	Notice to defendant; date served	Yes
Answer, counterclaim	The defendant's response and own claims	Yes
Interrogatories, document requests, answers	Detailed facts, documents exchanged	No; only a notice of service (I.R.C.P. 33)
Deposition transcripts	Sworn testimony before trial	Only if attached to a filing
Motions, briefs, affidavits, exhibits to motions	Arguments and sworn evidence	Yes, unless sealed or redacted under 32(i)
Settlement agreement	Terms of the deal	Rarely; only if filed or attached
Judgment, satisfaction of judgment	Who owes what; whether it was paid	Yes

Filers must strip personal data identifiers before filing. I.R.C.P. 2.6 puts that duty on the filer, not the clerk, and limits what may appear: the last four digits of a Social Security number, a minor child's initials, the year of birth only, the last four digits of financial account numbers, driver's license and state ID numbers, and employer or taxpayer ID numbers. The clerk does not check. When you find a full Social Security number in a public filing, the filer made a mistake; tell the clerk rather than copying it.

Small claims

The small claims department is a branch of the magistrate division built for people without lawyers. Idaho Code 1-2301 gives it jurisdiction over claims for money, and for recovery of personal property, where each claim does not exceed $15,000. That limit is new: Senate Bill 1330 raised it from $5,000, effective July 1, 2026; the statement of purpose says the change reflects inflation. Small claims may not award punitive damages or damages for pain or suffering. A case is filed in the county where the defendant lives or where the claim arose.

For records research this change matters in two ways. Disputes between $5,000 and $15,000 that used to be filed as regular civil cases, with full pleadings, may now show up as small claims, with a short claim form and a judgment. And a search for a business's disputes should include both case types. The Court Assistance Office publishes the small claims forms on its self-help site, which is a quick way to learn what a small claims file will contain.

Evictions

An eviction in Idaho is an unlawful detainer case. Idaho Code 6-303 defines it: a tenant who stays after the lease ends, or after a rent default and three days' written notice demanding the rent or possession. The notice must also tell the tenant that if the court enters judgment, a residential tenant has 72 hours (seven days or more for commercial tenants and tracts of five acres or more) to remove belongings before the landlord may remove them. 6-310 lists what a complaint for possession must state when it rests on nonpayment, drug activity on the premises, or a tenant at sufferance under the trust deed sale statute, Idaho Code 45-1506(11).

Eviction filings are a record people fear for good reason: tenant screening companies collect them, and a filing can follow a tenant even when the landlord dropped the case or the tenant won. Idaho changed the rule. Under I.C.A.R. 32(j)(2), all court records of an unlawful detainer case are shielded from public disclosure if the case was filed on or after January 1, 2025, it was dismissed, no appeal is pending, and either three years have passed since filing or the parties file a stipulation agreeing to shielding. The parties and court staff keep access.

Two consequences for researchers. Eviction cases filed before 2025, and evictions that ended in a judgment for the landlord, stay public. And a dismissed 2025 eviction you saw on the portal in 2026 can be gone in 2028; that is the rule working, not an error. Count and describe evictions with the date of your search, and do not republish names from dismissed cases that the court has since shielded.

Debt collection cases and default judgments

Collection suits by lenders, medical providers, collection agencies and debt buyers are filed as ordinary civil cases (or, for smaller amounts, small claims). They look like any civil case: complaint, summons, proof of service. The common ending is a default judgment. Under I.R.C.P. 55, when a defendant fails to plead or defend, the court must order entry of default, and for a sum certain it enters judgment on the claimant's affidavit of the amount due. The court may set aside an entry of default for good cause and a default judgment under Rule 60(b) (55(c)). A default judgment against the state or a local government requires evidence that satisfies the court (55(d)).

For research, read a default judgment carefully. It shows that the defendant did not respond, not that a judge weighed the evidence. Check the proof of service; defendants sometimes say they were never served, and a later motion to set aside will be in the register. And check the plaintiff: a debt buyer's name often differs from the original creditor's, and the complaint usually explains the chain of assignment.

Judgments, liens and satisfactions

A money judgment is a court order. It does not, by itself, attach to land. Idaho Code 10-1110 says a certified transcript or abstract of a judgment, from any Idaho state court or a federal court in Idaho, may be recorded with the recorder of any county, and "from the time of such recording, and not before," it becomes a lien on all the debtor's nonexempt real property in that county, including property acquired later. Most judgment liens last ten years from the date of the judgment, unless paid or stayed on appeal; child support and some crime victim restitution judgments have their own rules. Under 10-1111, the court can renew a judgment before the lien expires, and a recorded renewal continues the lien for another ten years.

The other end matters as much. I.R.C.P. 58.1 requires the winning party, on full payment, to file a satisfaction of judgment in the case and record it in every county where the judgment was recorded. So when you see an old judgment, look for a satisfaction in the court file and at the recorder before you say a debt is unpaid.

Question	Where to look	What answers it
Was there a judgment?	Court case file	The signed judgment and its date
Is it a lien on land?	County recorder's index, by debtor name	A recorded abstract or transcript of judgment
Was it renewed?	Court file and recorder	An order renewing judgment (10-1111)
Was it paid?	Court file and recorder	A satisfaction of judgment (I.R.C.P. 58.1)
Is the business still active?	Secretary of State business search	Entity status, registered agent, filing history

Name changes

Name changes are among the most public civil cases by design. Under Idaho Code 7-801 to 7-805, a petition goes to the district court of the county where the person lives and must state place of birth, residence, present name, proposed name and the reason. A notice of the hearing must be published for four successive weeks in a newspaper the court designates (7-803), and petitions for minors require notice to a non-consenting parent. Section 7-805 restricts name changes for convicted sexual offenders and requires notification when they change names. The published notices are a public record in their own right and a useful source when tracing someone's prior names for a same-name check.

Civil protection orders

Idaho has two main civil protection order routes. The Domestic Violence Crime Prevention Act, Title 39, Chapter 63, covers household and dating relationships. Idaho Code 18-7907 creates a "petition for a protection order" against stalking, telephone threats, and intimidation or harassment based on race, color, religion, ancestry or national origin. Criminal no contact orders are a third, separate kind, issued in criminal cases (lesson 5).

I.C.A.R. 32(g)(16) exempts "protection order petitions and related records" under both laws, "except orders of the court." So the petition, with its detailed allegations, is closed. The order granting or denying protection, including any ex parte temporary order, is a court order and is not exempt. Under 39-6311 the clerk sends the order to law enforcement, which enters it into the statewide system police use to list outstanding warrants.

Researchers should be careful even with what is open. A protection order protects someone from a person; publishing details that locate the protected person can defeat its purpose. Courts can redact or seal material that "might endanger a person's life or safety" (I.C.A.R. 32(i)(3)(A)(5)). The fair question is whether a protection order matters to the public story, such as a candidate or official with an order against them, and if so, report the existence and terms of the order without the protected person's identifying details.

Family cases: divorce, custody, support and paternity

Family files carry the heaviest privacy load. I.C.A.R. 32(g)(20) exempts records in cases involving child custody, child support and paternity filed on or after July 1, 2012 (and older cases where a motion to modify was filed on or after that date), with these exceptions:

• The register of actions is public.
• A redacted copy of any order, decree or judgment is available to the public, prepared when someone asks for it.
• Anyone may ask the court, on a court-provided form, to make other records in the case available. The court reviews and releases them, except records alleging abuse, abandonment or neglect of a child, records that would inflict undue embarrassment on or put at risk someone who was a child when the record was filed, and records exempt under other rules.
• Department of Health and Welfare staff may examine and copy the records in their official duties.

Other exemptions reach into family files no matter the filing date: reports gathered at the court's request, such as custody recommendations, psychological evaluations, and screening reports by Family Court Services (32(g)(17)(B) to (D)). A divorce with no children falls outside (g)(20), so its pleadings are generally public unless sealed or covered by another exemption; financial account numbers and other identifiers should already be redacted under the family law rules.

Probate and estates

Probate cases settle a person's estate after death under Idaho's version of the Uniform Probate Code in Title 15. The file usually holds the petition, the will if one is offered for probate, the order admitting it or appointing a personal representative, letters testamentary or of administration, notices to creditors, and the closing papers. These are generally public.

One piece often is missing. Idaho Code 15-3-706 requires the personal representative to prepare an inventory with fair market values within three months, send a copy to interested persons who request it, and says the representative "may file the original of the inventory with the court." Filing is optional, so the estate's assets may never appear in the court file. Recorded deeds from the estate, on the other hand, will appear at the county recorder.

Guardianship and conservatorship

These cases appoint someone to make personal decisions (guardian) or manage money (conservator) for a minor or an adult who cannot. I.C.A.R. 32(g)(19) exempts all filings, temporary or permanent, for adults, minors and people with developmental disabilities, and protective arrangements under Idaho Code 15-5-409, except to interested persons, guardians ad litem, court visitors and monitors. These stay public:

• the register of actions;
• letters of guardianship and conservatorship and orders that describe, limit or expand the guardian's or conservator's powers;
• orders about a conservator's bond, and the bond;
• any order dismissing, concluding or disposing of the case.

Annual accountings are separately exempt except to interested parties (32(g)(17)(E)). So the public can learn that a guardian was appointed, who it is, what powers the court gave, and whether a bond was required, but not the medical reports, the visitor's report or the money details. If a guardian's conduct becomes a public concern, the orders removing or limiting the guardian will be public.

Case type	Public	Exempt	Rule
General civil	Nearly everything filed	Case information sheet; unfiled discovery; sealed items	I.C.A.R. 32(d), (g)(17)(F), (i); I.R.C.P. 33
Small claims	Claim, judgment	Same as civil	Idaho Code 1-2301
Eviction (unlawful detainer)	Open while pending and after judgment	Dismissed cases filed since 1/1/2025, after 3 years or by stipulation	I.C.A.R. 32(j)(2)
Name change	Petition, published notice, order	Sealed items only	Idaho Code 7-801 to 7-805
Civil protection order	Orders of the court	Petitions and related records	I.C.A.R. 32(g)(16)
Custody, support, paternity (filed since 7/1/2012)	Register; redacted orders on request; others by court form	Everything else, especially abuse allegations	I.C.A.R. 32(g)(20)
Divorce without children	Generally public	Court-requested evaluations and reports; identifiers	I.C.A.R. 32(g)(17)
Probate	Petition, will, letters, orders	Inventory only if not filed	Idaho Code 15-3-706
Guardianship, conservatorship	Register, letters, power orders, bond, final orders	All other filings, accountings	I.C.A.R. 32(g)(19), (g)(17)(E)

Questions and answers

Can I see what a case settled for?

Only if the settlement was filed or read into the record, or if a public body was a party. When a city, county or school district settles, ask the agency for the agreement under the Idaho Public Records Act even if it is not in the court file (lesson 47-8).

The register shows "sealed document." Can I ask for it?

Yes. Non-parties whose rights are affected or who otherwise have a right to access may move to unseal under I.C.A.R. 32(i)(1). The process is in lesson 7.

Why can't I find a divorce I know happened?

Check the county (it is filed where a party lived), the spelling of both names, and the date. If children were involved, the portal may show limited information because of (g)(20). The clerk can tell you whether a case exists under those names.

Are probate cases for people who died before 1995 online?

Generally not; the portal reaches back to about 1995. Ask the clerk of that county where older probate files are kept and how to request them.

Is a federal court judgment a lien in Idaho?

It can be. 10-1110 covers judgments of "any court of the United States" rendered within Idaho once a certified transcript or abstract is recorded with a county recorder. Federal cases themselves are in PACER (lesson 8).