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nuclear optionUnited States · Idaho (Statewide)Difficulty: Hard

De Novo Appeal to Magistrate Court Under Idaho Code §49-1517

Any administrative parking decision in Idaho can be appealed to the Magistrate Division of the District Court for trial de novo under Idaho Code §49-1517 and ICR Rule 54.4 within 14 days of the administrative decision. The city must produce admissible evidence and the citing officer; cities frequently dismiss rather than send a parking enforcement officer for a $20 ticket.

Legal basis

Idaho Code §49-1517; ICR Rule 54.4

Sample appeal wording

IN THE MAGISTRATE DIVISION OF THE DISTRICT COURT, [COUNTY] COUNTY, IDAHO NOTICE OF APPEAL FOR TRIAL DE NOVO Under Idaho Code §49-1517 and ICR Rule 54.4, the Defendant appeals the administrative decision dated [DATE] in matter [NUMBER] / Citation #[CITATION] and demands trial de novo. Defendant subpoenas the citing officer and meter audit records for [LOCATION] on [DATE]. /s/ [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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