Idaho Code §§ 6-301 to 6-324 § 6-313
TRIAL BY JURY.
Operative Text
Whenever an issue of fact is presented by the pleadings it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending.
Under Idaho Code Title 6, Chapter 3, § 6-313, when a forcible entry or unlawful detainer case involves disputed facts raised in the pleadings, those factual disputes must be resolved by a jury trial. A jury trial can be waived by the parties, just as it can be in other civil cases. The jury is selected and formed using the same procedures that apply to other trial juries in the same court.
Plain English — not legal advice.
In an unlawful detainer proceeding governed by § 6-313, a landlord whose case involves disputed factual issues should be aware that either party may be entitled to a jury trial. Operators who understand this procedural right can prepare their documentation and evidence accordingly, knowing that a jury—not just a judge—may evaluate the facts. Landlords who wish to waive a jury trial in favor of a bench trial should understand that such a waiver follows the same rules applicable to other civil proceedings in Idaho courts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 6-313 of Idaho Code Title 6, Chapter 3 preserves a tenant's right to have disputed facts in an eviction case decided by a jury of peers, rather than solely by a judge. Tenants facing an unlawful detainer action who believe factual matters are in dispute may have the right to request a jury trial under this provision. Tenants who want to understand how to assert or waive this right in their particular court proceeding may benefit from consulting a tenant-rights organization or legal aid service familiar with Idaho procedural rules.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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