S_ID PASS-22 QUANTITY-01 — Rule 40 quantity and exception completion
Issue: S_ID-P22-Q001
Fresh public-source access date: October 28, 2026, America/Los_Angeles.
Disposition: The official Rule 40 confirms the two omitted fourteen-day branches. The completion below adds those branches and makes their surrounding qualifications visible. It does not establish that P22 applied an incorrect deadline, and it does not contradict the supplied narrative or S_ID-P22-C025. The original claim and S_ID-P22-S005 document binding remain intact.
No actual event, eligibility, disqualification, deadline, cause, misconduct, or outcome is determined.
1. Source and fresh-read status
| Field |
Record |
| New source-usage ID |
S_ID-P22-Q001-S001 |
| Issuer |
Idaho Supreme Court |
| Document |
Idaho Rules of Civil Procedure, Rule 40—Disqualification |
| Literal HTTPS URL |
https://isc.idaho.gov/rules-procedure/print/ircp/40 |
| Publication status |
Official current-published HTML |
| Fresh access |
October 28, 2026, America/Los_Angeles |
| Actual read bounds |
Complete Rule 40(a), including (a)(1)–(9); complete (b)(1)–(2), (c), and (d); complete displayed history footer |
| Visible page bounds |
Rule 40(a): lines 13–47; (b): lines 50–68; (c): line 69; (d): line 70; footer: line 71 |
| Original source binding retained |
S_ID-P22-S005, whose supplied row identifies this same literal URL and “Complete disqualification provisions; no actual motion” |
| Relationship of IDs |
Q001-S001 records this fresh bounded use of the same underlying rule. It is not a second independent authority. |
| Original orders |
Linked original adoption/amendment orders were not opened. |
| Access result |
The ordinary official page opened successfully once. No fallback, repeated attempt, or access workaround was needed. |
| Not inspected |
Any actual local rule, assignment order, emergency/suspension order, judge, party, case, motion, affidavit, or other factual record |
The complete target text and footer were readable on the official page. Idaho Supreme Court
Displayed history—not an original-order audit
| Displayed action |
Action date |
Displayed effective date |
Verification limit |
| Adoption |
March 1, 2016 |
July 1, 2016 |
Footer read; original order unopened |
| Amendment |
May 1, 2024 |
July 1, 2024 |
Footer read; original amendment order unopened |
These dates are reported as the page displays them. No complete original amendment, application, savings, or transition history is newly authenticated. Idaho Supreme Court
2. Exact original rows and their treatment
The following are the two supplied original quantity rows, reproduced without changing their cell wording.
| Original location |
Quantity/relation |
Legal object/reference event |
Qualification |
| Raw table 22, row 21 |
One without-cause disqualification |
IRCP40general branch |
Common-interest and other exceptions |
| Raw table 22, row 22 |
Earlier seven-day/ twenty-one-day relation |
Hearing-setting notice/judge-identity notice |
Complete stage/party/reassignment exceptions |
Treatment: Retain both as historical original entries. The rows in Section 3 are added completion rows, not entries falsely attributed to the original ledger.
Original claim retained
| Original location |
Claim |
Precise proposition |
Source/pinpoint |
Status/limit |
| Raw table 21, row 25 |
C025 |
Disqualification uses the incorporated rule’s timing and cause qualifications. |
Rule9; IRCP40 |
O |
Full identity: S_ID-P22-C025 remains unchanged. The new claims below provide more precise subordinate traceability for the completed Rule 40 ledger.
The supplied small-claims Rule 9 incorporation was not re-investigated. This fresh check concerns Rule 40 itself, not a renewed certification of the entire small-claims route.
3. Added Rule 40 quantity, actor, event, and exception ledger
All rows L01–L16 below are added clarification rows. Each uses S_ID-P22-Q001-S001, with the precise subsection identified.
3.1 Without-cause branches
| Added row |
Quantity or condition |
Actor and reference event |
Complete material qualification |
| L01 |
One motion without stating grounds |
Each party in a civil action or petition for judicial review |
The opening allowance is subject to all Rule 40(a) conditions. For multiple co-parties, the trial court determines whether common interests require them to join in a disqualification or adverse interests support a separate motion for each. § 40(a), (a)(2). |
| L02 |
Not later than seven days versus not later than twenty-one days, whichever occurs first |
Seven-day branch: service of written notice/order setting a status conference, pretrial conference, trial, or hearing on the first contested motion. Twenty-one-day branch: service or receipt of a complaint, summons, order, or other pleading identifying the presiding judge. |
Filing is the required act. The seven-day event is not the hearing date; the twenty-one-day event is not limited to actual receipt. § 40(a)(1), first paragraph. |
| L03 |
Additional before-the-proceeding restriction; no separate number of days |
The judge sought to be disqualified |
Filing must also precede that judge’s having presided over a status conference, pretrial conference, contested proceeding, or trial. This is an additional stage condition, not an alternative to L02. § 40(a)(1), second paragraph. |
| L04 — omitted branch added |
Within fourteen days after first appearance OR fourteen days after first responsive pleading is due, whichever occurs first |
A new party joined after the time to disqualify the presiding judge without cause has passed |
Appearance and the date a pleading is due are separate events. The rule does not substitute the date the pleading is actually filed, served, or received. § 40(a)(3). |
| L05 |
One motion concerning a new judge, using the (a)(1) time limits; no new independent fourteen-day period |
A new judge assigned during the proceedings |
Excludes the alternate-judge circumstances governed by (a)(6). A party that previously exercised disqualification under Rule 40(a) has no new without-cause right under this paragraph. § 40(a)(4). |
| L06 |
New-trial branch incorporates (a)(1)’s time limits; no separate numeric period |
A trial has occurred and a new trial is ordered by the trial court or an appellate court |
The paragraph permits a motion concerning the presiding judge. Unlike (a)(4) and (a)(6), it does not repeat their express prior-exercise prohibition. That textual difference is preserved without deciding a particular party’s renewed entitlement or how renewed timing events operate. § 40(a)(5). |
| L07 — omitted branch added |
One motion concerning any alternate judge, not later than fourteen days after service of the written alternate list |
Presiding judge intends to use a panel of alternates if unavailable; notice or amended trial-setting notice lists the possible alternates |
The trigger is service of the written list, not later receipt, actual reassignment, or the hearing. It is not an express allowance of one motion per listed judge. A party that previously exercised Rule 40(a) has no right under this paragraph. § 40(a)(6). |
These seven rows preserve the general rule, the independent stage restriction, and the materially different new-party, new-judge, new-trial, and alternate-list branches. Idaho Supreme Court
3.2 Mailing, excluded proceedings, and misuse qualifications
| Added row |
Quantity or condition |
Actor/event |
Qualification or absent period |
| L08 |
Copy must be mailed to the presiding judge at the judge’s resident chambers |
Party moving under Rule 40(a) |
This paragraph states no separate numerical mailing period, receipt requirement, or additional-time allowance. It does not replace the filing conditions in the applicable branch. § 40(a)(7). |
| L09 |
Three express exclusions from the without-cause right |
The specified judge and proceeding |
(A) Appellate capacity from another court, except a trial de novo; (B) post-conviction proceeding assigned to the judge who entered the challenged conviction or sentence; (C) a judge appointed by the Supreme Court for a specific civil action. These are scope exclusions, not extra filing periods. § 40(a)(8)(A)–(C). |
| L10 |
Misuse restriction; no fixed numerical frequency threshold |
Motions used to hinder, delay, obstruct, or impede administration of justice |
The administrative district judge or trial court administrator must notify the Administrative Director of Courts when the stated circumstances appear. The director reviews and, upon the stated conclusion, refers the matter to the Supreme Court. Upon its determination, the Court may act. Possible restrictions may last for the period stated in an order or until further order of the Chief Justice; no universal duration is supplied. § 40(a)(9). |
No actual misuse determination, suspension order, or restriction on any person or place was sought or assessed. Idaho Supreme Court
3.3 For cause, voluntary disqualification, and reassignment
| Added row |
Quantity or condition |
Actor and legal event |
Complete material qualification |
| L11 |
Relationship within the third degree |
Judge related to a party by consanguinity or affinity |
Degree is computed under the applicable rules of law. No kinship calculation is performed. The other grounds are the judge’s party/interest status, prior attorney/counsel role for a party in the action/proceeding, and bias or prejudice for or against a party or the subject matter. § 40(b)(1)(A)–(D). |
| L12 |
For-cause motion may be made at any time |
Party seeking disqualification for cause |
Must be accompanied by an affidavit of the party or the party’s attorney identifying specific grounds and supporting facts. The targeted presiding judge must grant or deny after notice and hearing in the manner applicable to other motions. Rule 40(b)(2) itself supplies no numerical hearing-notice period and no automatic grant upon affidavit submission. § 40(b)(2). |
| L13 |
Voluntary disqualification; no stated numerical period |
Presiding judge |
The judge may disqualify voluntarily without stating a reason. This is not a party’s additional without-cause motion allowance. § 40(c). |
| L14 |
Filing-triggered restriction; no numerical duration |
Filing of a disqualification motion |
The presiding judge must not act further except to grant or deny that motion. This is not automatic disqualification, a merits determination, or a separately established universal stay of every legal obligation. § 40(d), first sentence. |
| L15 |
Reassignment after disqualification for any reason; no stated numeric appointment deadline |
Administrative district judge or designee |
Must appoint another qualified judge within the district or apply to the Supreme Court for appointment from outside the district. Qualification and actual assignment are not determined. § 40(d), second sentence. |
These cause, voluntary, and reassignment provisions do not borrow the seven-, twenty-one-, or fourteen-day periods merely because those periods appear elsewhere in Rule 40. Idaho Supreme Court
3.4 Counting and incorporation hold
| Added row |
Unresolved quantity or method |
Treatment |
| L16 |
Trigger-day inclusion, weekend/holiday treatment, mail additions, inaccessible-clerk extensions, ordinary motion-notice periods, relationship-degree computation, and event-specific construction |
Rule 40 uses days in the cited branches but does not itself provide a complete computation code. No universal business-day conversion, additional mail days, or calendar result is supplied. The relevant general counting, motion, kinship, and construction authorities were not reopened in this clarification. |
“Not later than,” “within,” “before,” “due,” “service,” “receipt,” and “appearance” retain their separate functions. No actual last day is identified.
4. New atomic clarification claims
These IDs supplement the original S_ID-P22-C025; they do not replace or renumber it.
| New claim ID |
Precise proposition |
Support and ledger link |
Limit |
| S_ID-P22-Q001-C001 |
The supplied original ledger omits separate visible entries for the new-party and alternate-list fourteen-day branches. |
Supplied original rows; S001 §§ 40(a)(3), (6); L04, L07 |
Completeness issue, not an actual wrong-deadline finding |
| S_ID-P22-Q001-C002 |
The one-motion baseline is qualified by judicial treatment of common-interest and adverse-interest co-parties. |
§ 40(a), (a)(2); L01 |
No party grouping determined |
| S_ID-P22-Q001-C003 |
The general earlier-of periods and the separate stage bar are cumulative conditions. |
§ 40(a)(1); L02–L03 |
No trigger or chronology supplied |
| S_ID-P22-Q001-C004 |
The new-party branch has its own joinder predicate and earlier-of fourteen-day appearance/pleading-due relation. |
§ 40(a)(3); L04 |
No new party or due date |
| S_ID-P22-Q001-C005 |
New-judge timing incorporates (a)(1), excludes the alternate-list route, and contains an express prior-exercise bar. |
§ 40(a)(4); L05 |
No assignment or prior exercise found |
| S_ID-P22-Q001-C006 |
The posttrial/new-trial branch is separately stated and does not repeat the express prior-exercise bars in (a)(4) and (a)(6). |
§ 40(a)(5); L06 |
No universal reset or actual renewed eligibility determined |
| S_ID-P22-Q001-C007 |
Alternate-list service triggers a distinct fourteen-day branch with its own prior-exercise restriction. |
§ 40(a)(6); L07 |
No list, service, or alternate selected |
| S_ID-P22-Q001-C008 |
Mailing the judge a copy has no separate numeric period stated in (a)(7). |
§ 40(a)(7); L08 |
No added mail time inferred |
| S_ID-P22-Q001-C009 |
The three express no-cause exclusions remain part of the completed ledger. |
§ 40(a)(8); L09 |
No excluded proceeding classified |
| S_ID-P22-Q001-C010 |
Misuse review and possible restrictions have conditional actor duties, not a fixed count or universal duration. |
§ 40(a)(9); L10 |
No misconduct or restriction finding |
| S_ID-P22-Q001-C011 |
The cause branch includes a within-third-degree relationship condition and three other stated grounds. |
§ 40(b)(1); L11 |
No cause or kinship finding |
| S_ID-P22-Q001-C012 |
Cause-based relief requires the specified affidavit and notice/hearing decision despite its anytime language. |
§ 40(b)(2); L12 |
No affidavit or entitlement |
| S_ID-P22-Q001-C013 |
Voluntary judicial disqualification is distinct from a party’s motion and has no numerical period stated. |
§ 40(c); L13 |
No exercise of discretion |
| S_ID-P22-Q001-C014 |
Filing and actual disqualification trigger different restrictions and reassignment duties. |
§ 40(d); L14–L15 |
No actual order, appointment, or stay determination |
| S_ID-P22-Q001-C015 |
The fresh official-page reading confirms the ledger completion, while original-order history and counting/construction remain unverified here. |
S001; L16 |
Bounded provenance finding |
The legal propositions above are tied to the single official Rule 40 body freshly read in this clarification. Idaho Supreme Court
5. Exact old-versus-completed patch map
Original response identifier: 07a6d32c-28af-4933-8113-afa77cdd995a
Supplied capture timestamp: 2026-10-28T20:30:45.471Z
Those identifiers are supplied provenance. No original local file, saved packet, or linked conversation was opened.
| Original item |
Original location |
Disposition and exact dependent effect |
| S_ID-P22-C025 |
Raw table 21, row 25 |
Unchanged. Its general statement is supported. New Q001 claims give the added branch-level traceability. |
| General one-motion quantity row |
Raw table 22, row 21 |
Retained accurately above. Supplemented by L01 and the restrictions in L05, L07, L09–L10. |
| General earlier seven-/twenty-one-day row |
Raw table 22, row 22 |
Retained accurately above. Supplemented by L02–L03, which separate service, receipt, filing, and the stage bar. |
| New-party fourteen-/fourteen-day relation |
No separate supplied original quantity row |
Added as L04. Not represented as already present in the original ledger. |
| Alternate-list fourteen-day relation |
No separate supplied original quantity row |
Added as L07. Not represented as already present in the original ledger. |
| New-judge and new-trial distinctions |
Supplied narrative § 5.3 |
Made explicit in L05–L06. No replacement of the narrative is required. |
| For-cause, voluntary, and reassignment conditions |
Supplied narrative/source scope |
Completed visibly in L11–L15; no actual cause or assignment result. |
| S_ID-P22-S005 Rule 40 source row |
Raw table 17, row 5 |
Same document binding retained. Q001-S001 records a fresh read; earlier source/access provenance is not overwritten. |
| Narrative § 5.3 |
Supplied two-paragraph excerpt |
Unchanged. Its general timing statement was expressly subject to the exceptions; this check identifies omission from the visible ledger, not contradiction of the prose. |
| Coverage row “Continuance/disqualification” |
Raw table 25, supplied row |
Original disposition remains. Add: “Rule 40 quantity/exception ledger completed in Q001; no actual timing or cause.” |
| Rule 11 continuance reference in that coverage row |
Supplied “C025; Rule11” |
Not re-read or revalidated. Its separate subject is unaffected. |
| All other P22/P23 and prior findings |
Outside this bounded target |
Unchanged; no housing, utility, small-claims fee, service, default, appeal, or witness-procedure rerun. |
No substantive correction to C025 or the supplied narrative is established. The correction is the visible addition of omitted branches and their exact qualifications.
6. Coverage and disposition table
| Requested element |
Disposition |
Traceability |
Remaining limit |
| Fresh complete Rule 40(a)–(d) |
Completed |
S001 |
Original orders unopened |
| Displayed history |
Read and recorded |
Section 1 |
Not full original-history authentication |
| General one-motion qualification |
Completed |
L01; C002 |
Co-party judicial determination not made |
| Earlier seven-/twenty-one-day relation |
Completed |
L02; C003 |
No actual service/receipt event |
| Additional stage bar |
Separately registered |
L03; C003 |
No procedural chronology |
| New-party fourteen-/fourteen-day branch |
Added |
L04; C004 |
Joinder/appearance/due-date predicates absent |
| New-judge/prior-exercise branch |
Completed |
L05; C005 |
No assignment or prior use |
| New-trial distinction |
Completed textually |
L06; C006 |
No blanket renewal/reset conclusion |
| Alternate-list fourteen-day branch |
Added |
L07; C007 |
Service and prior-use conditions absent |
| Judge-copy mailing |
Completed |
L08; C008 |
No invented deadline or receipt requirement |
| Scope exclusions and misuse |
Completed |
L09–L10; C009–C010 |
No order or misconduct investigation |
| Cause grounds/third degree/affidavit/anytime |
Completed |
L11–L12; C011–C012 |
No cause or kinship conclusion |
| Voluntary disqualification |
Completed |
L13; C013 |
Discretion not exercised |
| Filing effect and reassignment |
Completed |
L14–L15; C014 |
No actual action or appointment |
| Counting/incorporation questions |
Explicitly held |
L16; C015 |
No general-rule rerun or calendar |
| Original rows reproduced accurately |
Completed |
Section 2 |
Supplied record, not file inspection |
| C025 and S005 retained |
Completed |
Sections 2 and 5 |
No repurposing or backdating |
| Directly dependent references only |
Completed |
Patch map |
No exhaustive search of unavailable original text claimed |
| Material outcome or additional substantive correction |
None established |
Entire bounded check |
Actual-application and construction holds remain |
| Worksheet/example |
Not created; unnecessary |
— |
No populated instrument or hypothetical |
7. Version/access log and researcher self-check
| Material or action |
Actual status |
| Coordinator review description |
Supplied context identifying the ledger gap; not treated as this researcher’s fresh access |
| Supplied original claim/source/quantity/coverage rows |
Used only for exact traceability and patch location |
| Official Rule 40 page |
Opened successfully once |
| Rule 40(a)(1)–(9), (b)(1)–(2), (c), (d) |
Read completely |
| Displayed adoption/amendment footer |
Read completely |
| Original linked orders |
Not opened |
| Other rules, small-claims merits, Rule 45 witness procedure |
Not re-investigated |
| Actual local orders, assignments, litigants, judges, cases, or factual records |
Not searched or inspected |
| Failed route, repeated attempt, workaround |
None in this clarification |
| PDF analysis |
None; source was HTML |
| Local file, import, hash, or original-record inspection |
None claimed |
Researcher self-check
The fresh reading supports both missing fourteen-day entries and the surrounding distinctions needed to prevent their collapse into the general seven-/twenty-one-day rule. The original C025, S005 source binding, and supplied narrative remain supported within their stated generality.
The unresolved matters are original-order history, general counting and notice incorporations, relationship-degree computation, new-trial and other judicial construction, and all actual-application predicates. No additional substantive error or material outcome was established within this bounded check.
This is a researcher self-check, not independent review. All prior statutory, constitutional, currentness, jury, stay, federal, local/tribal, special-regime, construction, and actual-application holds remain unchanged. No state, dimension, A066, parent, operational, or publication acceptance follows.
END S_ID PASS-22 QUANTITY-01.