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Idaho Civil Litigation Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Idaho on
Q: What can realtors tell people?

If a real estate deal falls through, can the realtors you have say things to people about you? I had a real estate deal fall through and the realtor is saying horrible things about me now to a big social network we are all part of.

Kevin M Rogers
Kevin M Rogers answered on Mar 1, 2022

While this is not per se illegal, it is unwise. By disclosing information on social media, the RE officer can "defame" you; that is, if the RE agent discloses her "opinion" of you, that's not objectionable, except to you personally. Every human being is judged, based on... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Idaho on
Q: I owned a manufactured home but rented space what can I do if ex landlord did repairs, listed my home for sale, and sold

My home for 75000 with it still in my name. Prior to this I had it sold until landlord interfered and realtor eventually had to pull away because of his interface and she became scared of him and I have emails stating this. What can I do ? Cuz no one in my small town will help me.

Kevin M Rogers
Kevin M Rogers answered on Feb 17, 2022

Let me make sure I understand your facts:

1. You owned a manufactured home and leased the land underneath it?

2. You offered to sell your M home but the ex landlord interfered with the sale of it and now the realtor you had won't list your property because she is now afraid...
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1 Answer | Asked in Civil Litigation for Idaho on
Q: I am an unrepresented. No action filed. Can I cc the opposing party with a letter being sent to that party's attorney?

In a matter where no action has yet been filed in court, I am unrepresented, and the opposing party is represented by an attorney. I am about to send my final demand for resolution to the attorney. Is there any law that prohibits me from sending a copy of my written demand for resolution directly... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 1, 2022

Yes, it is unethical to communicate with a party who is represented by counsel. Representing yourself, you are held to the same standards of conduct as any other attorney would.

Idaho Rule of Professional Conduct 4.2 states:


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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Idaho on
Q: a Boise pawn shop sold my 1500.00 generator before the pawn ticket was due. what laws or statutes did they violate?
Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!

P.S., sue them in Small Claims Court.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Idaho on
Q: Is it against the law for a city cop to release information about me to the company i work for and then get fired for it

The cop told him a bunch of bs and I have the text messages to prove it he violated my civil rights defamation of character and slander

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

If the cop was a "citizen" and not a cop, the question would be the same: can someone tell a potential employer information, which later serves as grounds for the company to fire an employee for fault? The answer is: yes.

A better question would be: can someone slander an...
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1 Answer | Asked in Consumer Law and Civil Litigation for Idaho on
Q: I bought a car with my boyfriend and he left me and took the car. I am the first signer. Can I just go get the car?

I paid the down payment and some of the car payments, the registration and repairs.

Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

Nope. You were the first signer on the LOAN, right? Your name is or is not on the title? If your name IS on the title as a "co-owner," then you have as much right as he does to possess your car. However, how the car is titled is a big deal in Idaho. If you haven't paid the car... Read more »

1 Answer | Asked in Civil Litigation for Idaho on
Q: I’m fearful I cannot defend myself to continue motion for CPO What is your advice

A petition for a CPO was granted to me but to continue the CPO I need to go to court This is for intimidation and harassment by person who unlawfully entered my apartment and is trying to intimidate me to tell the courts I lied and drop the charges The intimidation and harassment has been ongoing... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 9, 2020

The person who is harassing you is REALLY CLOSE TO being charged with a Felony, entitled "Intimidation of Witness," and if he comes anywhere near you, I would notify the police immediately. He cannot legally harass you or bother you because you have testimony that will hurt him.

1 Answer | Asked in Civil Litigation for Idaho on
Q: Does this mean no Motion for Summary Judgement will be allowed by either party?

I am the Plaintiff. My attorney cancelled mediation and told me the court required a Motion for Summary Judgement must be filed. The Defendant filed an MSJ before my attorney. At a Motion to Continue hearing the result was an Order "to Vacate and Mediate".

Two hearings set for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 13, 2020

It is difficult to second-guess attorneys or their strategies. Since the Rules of Evidence and Procedure to not allow for "trial by ambush," all trial exhibits and evidence intended to be used by either side must be disclosed some months before trial. Having received a list of this... Read more »

1 Answer | Asked in Civil Litigation for Idaho on
Q: If I sign the service notice that came with the petition, is that just an acknowledgement and does not waive my 21 days?

The petition is in Idaho. I live in Tennessee. The petition says I live in Georgia. I intend to answer with objection to the clause that there are no assets to divide and no support to continue to be paid.

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

Correct. You'll start your 21 days on the day AFTER you sign the acknowledgement of service.

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and DUI / DWI for Idaho on
Q: DUI and Injury to child Dismissed with prej. my kids taken 3 times license 2 times cps got involved police said immenant

Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... Read more »

1 Answer | Asked in Small Claims, Criminal Law and Civil Litigation for Idaho on
Q: I have no proof of who damaged my vehicles, but I know who it was, what do I do?

April 12, 2020 around 11 pm, i heard noises outside of my house, this morning when I came outside both of my vehicles had damages to them, one has a broken windshield, and the other has a big dent in the side by the front door, I know it was an ex boyfriend and his friends, but I have no proof.

Kevin M Rogers
Kevin M Rogers answered on Apr 13, 2020

That’s tough! But if your ex had someone else with him it MIGHT be possible to get him to talk or overhear him talking or ask people who are mutual friends if they wouldn’t mind keeping an ear to the conversations. If you did get someone to talk, you could offer them immunity if they will tell... Read more »

1 Answer | Asked in Civil Litigation and Traffic Tickets for Idaho on
Q: I live in idaho i got no insurance ticket and my plates were expired got vehicle registered and got insurance

What will happen When i goto clerk of magistrate

Kevin M Rogers
Kevin M Rogers answered on Feb 12, 2020

Pleading guilty to not having insurance WILL suspend your DL. But all you need to do to get permission to drive is prove that you now have insurance. The plates is an infraction and is under $100 fine. Good luck!

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Idaho on
Q: If someone gives someone meth and gets high with them multiple times Breaks their sobriety.They commit adultery.

Then he stays with wife .tries to be sober. Commits suicide . Can that person be charged ? Adultery ? involuntary manslaughter? Or? Criminally?

Can they be sued? Wrongful death? Alienation of affection ? Or?

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

I'm very sorry for this tragic situation. An Idaho attorney could answer you best, but your post remains open for three weeks. In terms of the criminal issues, a criminal defense attorney is qualified to address those. In terms of the civil issues, there is usually a requisite element of... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Idaho on
Q: Hoa cancelled contract. That person took all the money and closed bank account. can they do that

Our Hoa contracted with an individual to handle our financial affairs, pay bills, accept payment and deposit money and keep records. Person violated the terms of their contract. The HOA cancelled the contract and notified individual by mail and 3 cease and desist letters. Person went and closed our... Read more »

Michael Hales
Michael Hales answered on Feb 22, 2018

It appears that the HOA has a case for fraud. I'd recommend contacting a qualified attorney right away.

1 Answer | Asked in Civil Litigation for Idaho on
Q: What is it called when someone files a lawsuit but neglects to declare damages
Adam Studnicki
Adam Studnicki answered on Jul 31, 2015

Generally speaking, in many states, civil complaints do not include specific dollar amounts but, instead, just a general allegation of (and demand for) damages. This falls under the concept of "notice pleading". Check with a local lawyer to verify.

Please Take Notice: I am not...
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