Idaho Mis. Crim. R. 5

As amended through June 4, 2024
Rule 5 - Uniform citation - Issuance - Service - Form - Number -Distribution
(a) Peace Officer Citation. A peace officer may issue a uniform citation for a citable offense in which the officer shall certify that the officer has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. The citation shall require the defendant to appear in court on the citation at the time certain which shall not be less than five (5) nor more than twenty-one (21) days after the date of the citation; provided, the administrative district judge may order that in specific counties that the appearance date shall be on or after one day and on or before a second date, and the Idaho Uniform Citation form may be amended accordingly. If a defendant appears on a citation within the time stated in the citation and the citation has not been delivered to the court, the court may dismiss the citation.
(b)Exception - Second Offense or Enhanced DUI; Stalking in the Second Degree; Domestic Assault or Battery; Violation of a Domestic Violence Protection Order; Violation of a No Contact Order; Sexual Battery; or Violation of a Protection Order for Malicious Harassment Notwithstanding subsection (a), a defendant arrested or cited and subsequently released for 'Driving Under the Influence (Second Offense),' Idaho Code § 18-8005(4) 'Driving Under the Influence (Enhanced Penalty),' Idaho Code § 18-8004C; Stalking in the Second Degree," Idaho Code § 18-7906; "Domestic Violence," Idaho Code § 18-918 (assault or battery); "Violation of a Domestic Violence Protection Order," Idaho Code § 39-6312; "Violation of a No Contact Order," Idaho Code § 18-920; "Sexual Battery," Idaho Code § 18-924; or "Violation of a Protection Order for Malicious Harassment," Idaho Code § 18-7907, shall personally appear before a magistrate, for arraignment, within forty-eight (48) hours following the arrest or citation excluding Saturdays, Sundays, and holidays. Provided, the court may postpone the arraignment if the defendant is hospitalized or otherwise in a condition which prevents the defendant being taken before the magistrate. At the arraignment, the court may order any appropriate conditions of release, pursuant to Idaho Criminal Rule 46. and Idaho Criminal Rule 46.2. Failure to conduct the arraignment within forty-eight (48) hours shall not constitute grounds for dismissal. A person arrested or cited who remains in custody shall make an initial appearance before a magistrate as provided in Idaho Criminal Rule 5.
(c) Citizen Citation. The uniform citation may be signed by any person in whose presence an alleged offense occurred and be witnessed by a peace officer whose name shall be endorsed on the citation.
(d) Service of Citation. Service of a citation may be made by the defendant signing a written promise to appear on the citation at the time indicated, but if the defendant fails or refuses to sign the written promise to appear, or an electronic citation is issued, a peace officer may serve the citation on the defendant by personal delivery to the defendant and indicate such service on the face of the citation.
(e) Citation After Arrest. The peace officer may arrest a defendant when permitted by law and thereafter sign the complaint in a uniform citation which shall constitute the complaint for prosecution of the criminal action.
(f) Warrant of Arrest. The peace officer may sign the complaint in a uniform citation and present it to a magistrate for the issuance of a warrant of arrest upon the showing of probable cause as provided in Rules 4 and 5 of the Idaho Criminal Rules. In determining probable cause for the issuance of a warrant, the magistrate shall give preference to the issuance of a summons, which can be the summons in the citation.
(g) Form. With the exception of electronically issued citations, all citations in the courts of Idaho shall be processed on the Idaho Uniform Citation which shall be of the size of 5 1/2 inches wide by 8 1/2 inches long which shall be printed in black, and shall have black NCR copies, with at least four copies which shall be in the following form:

(AGENCY) No. ____________________________

IDAHO UNIFORM CITATION

IN THE DISTRICT COURT OF THE ------ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ------

STATE OF IDAHO

)

COMPLAINT AND SUMMONS

)

)

[ ] Infraction Citation

vs.

)

OR

)

[ ] Misdemeanor Citation

)

---------------------------

)

[ ] Accident Involved

Last Name

)

)

[ ] Commercial Vehicle

---------------------------

)

Driven by this Driver

First Name Middle Initial

)

IPUC # __________________ USDOT TK Census # __________________

[ ] Operator [ ] Class A [ ] Class B [ ] Class C [ ] Class D [ ] Other__

[ ] GVWR 26001 + [ ] 16+ Persons [ ] Placard Hazardous Materials DR# _____

Home Address __________________________________________________

Business Address ___________________________________________ Ph# _________

THE UNDERSIGNED OFFICER (PARTY) HEREBY CERTIFIES AND SAYS:

I certify I have reasonable grounds, and believe the above-named Defendant.

DL or SS # __________________ State ______ Sex [ ] M [ ] F Height ______ Wt. ______ Hair ______ Eyes ______ DOB _____________________ Veh. Lic. # ________ State ______ Yr. of vehicle ____ Make _______________ Model ____________ Color ____________ Did commit the following act(s) on _________ 20 ____ at ______ o'clock _M. Vio. #1 ________________________________________________________________

Code Section

_______________________________________________________________________

Vio. #2

________________________________________________________________

Code Section

_______________________________________________________________________

Location _________________________________________________________

Hwy ________ Mp. __________ _______________________________ County, Idaho.

________ ________________________________________ _____________ ________

Date Officer/Party Serial #/Address Dept.

________ / ________________________________________ / _____________ / ________

Date / Witnessing Officer / Serial # / Address Dept.

THE STATE OF IDAHO TO THE ABOVE NAMED DEFENDANT:

You are hereby summoned to appear before the Clerk of the Magistrate's Court of the District Court of __________________ County, ______________ , Idaho, located at ______________ on the __________ day of __________ 20 ____, at ____ o'clock _ M.

I acknowledge receipt of this summons and I promise to appear at the time indicated.

________________________________

Defendant's Signature

I hereby certify service upon the defendant personally on _________ 20

____

________________________________

Officer

NOTICE: See reverse side of your copy for PENALTY and COMPLIANCE instructions.

COURT COPY VIOLATION #1

IDAHO UNIFORM CITATION

COURT DOCKET No. __________

DATE

______ [ ] Fixed fine paid by mail

______ [ ] Defendant appeared - First appearance

______ [ ] Entered plea of admission or guilty

______ [ ] Infraction: Plea of admission

______ [ ] Misdemeanor: 1 plead guilty to the offense: ____________________

(Defendant's signature)

______ [ ] Paid fixed penalty or fine

______ [ ] Sentenced by Court

______ [ ] Advised of rights, entered plea of denial or not guilty

______ [ ] Trial set for ____ [ ] Jury [ ] Jury Waived [ ] Jury N/A

______ [ ] Bail set in amount $ ________________________ (misdemeanor only)

______ [ ] Continued until _____________________________________________

______ [ ] Warrant issued - Reason ______________________________________

______ [ ] Default - failed to appear on infraction

______ [ ] Other action: _______________________________________________

IN THE DISTRICT COURT OF THE ______________ DISTRICT OF THE STATE OF IDAHO, COUNTY OF ____________

THE STATE OF IDAHO, Plaintiff

)

)

JUDGMENT (VIOLATION #1)

vs.

)

)

Case No.

--------------- , Defendant.

)

The defendant having been fully advised of his constitutional and statutory rights, including his rights to be represented by counsel, and the defendant having:

[ ] Been advised of right to court appointed counsel if indigent

[ ] Been represented by counsel

_______________________________________

(Name)

[ ] Waived counsel

[ ] Entered a plea of admission or guilty

[ ] Entered a plea of denial or not guilty, and has been

[ ] Found to have committed the offense

[ ] Found not to have committed the offense

[ ] Failed to appear on an infraction - default entered

NOW THEREFORE, Judgment is hereby entered:

[ ] Against the defendant

[ ] Defendant's driving privileges are suspended for ________ (days) (months)

[ ] For the defendant

[ ] Withheld judgment (misdemeanor only) for the charge of the offense of __________________ in violation of section ________ and;

THE DEFENDANT IS HEREBY ORDERED, to pay the following fixed penalty or fine:

Penalty or fine $ ________ Costs $ ________ Jail _______________________

Suspended ________________________ Probation period _________________

Conditions and supplemental orders _____________________________________

__________________________________________________________________________

Dated: _________________________________

_________________________________

Signature of Judge or Clerk

STATE OF IDAHO

)

COUNTY OF ------------------

)

The undersigned Clerk of the above entitled court hereby certifies that the foregoing is a true and correct copy of the original judgment of the court record on file in this office.

Dated: ____________ Clerk or Deputy ____________________________________

[Back of 1st Copy]

(AGENCY) No. _______________________________

IDAHO UNIFORM CITATION

IN THE DISTRICT COURT OF THE ------ JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ------

STATE OF IDAHO

)

COMPLAINT AND SUMMONS

)

)

[ ] Infraction Citation

vs.

)

OR

)

[ ] Misdemeanor Citation

)

--------------------------------

)

[ ] Accident Involved

Last Name

)

)

--------------------------------

)

First Name Middle Initial

)

IPUC # __________________ USDOT TK Census # _________________

[ ] Operator

[ ] Class A

[ ] Class B

[ ] Class C

[ ] Class D

[ ] Other _____________________

[ ] GVWR 26001 + [ ] 16+ Persons [ ] Placard Hazardous Materials DR# _____

Home Address ___________________________________________________________

Business Address ___________________________________________ Ph# __________

THE UNDERSIGNED OFFICER (PARTY) HEREBY CERTIFIES AND SAYS:

I certify I have reasonable grounds, and believe the above-named Defendant.

DL or SS # __________________ State ______ Sex [ ] M [ ] F

Height ______ Wt. ______ Hair ______ Eyes ______ DOB _____________________

Veh. Lic. # ________ State ______ Yr. of vehicle ____ Make _______________

Model ____________ Color ____________

Did commit the following act(s) on _________ 19 ____ at ______ o'clock _ M.

Vio. #1 _______________________________________________________________

Code Section

_______________________________________________________________________

Vio. #2 ________________________________________________________________

Code Section

_______________________________________________________________________

Location ______________________________________________________________

Hwy ________ Mp. __________ _______________________________ County, Idaho.

________ ________________________________________ _____________ _________

Date Officer/Party Serial#/Address Dept.

________ ________________________________________ _____________ ________

Date Witnessing Officer Serial #/Address Dept.

THE STATE OF IDAHO TO THE ABOVE NAMED DEFENDANT:

You are hereby summoned to appear before the Clerk of the Magistrate's Court of the District Court of __________________ County, ______________ , Idaho, located at ______________ on the __________ day of __________ 20 ____, at ____ o'clock _ M.

I acknowledge receipt of this summons and I promise to appear at the time indicated.

________________________________

Defendant's Signature

I hereby certify service upon the defendant personally on _________ 20 ____

________________________________

Officer

NOTICE: See reverse side of your copy for PENALTY and COMPLIANCE instructions.

COURT COPY VIOLATION #2

IDAHO UNIFORM CITATION COURT DOCKET

No. __________

DATE

______ [ ] Fixed fine paid by mail

______ [ ] Defendant appeared - First appearance

______ [ ] Entered plea of admission or guilty

______ [ ] Infraction: Plea of admission

______ [ ] Misdemeanor: I plead guilty to the offense: ______________

(Defendant's signature)

______ [ ] Paid fixed penalty or fine

______ [ ] Sentenced by Court

______ [ ] Advised of rights, entered plea of denial or not guilty

______ [ ] Trial set for ____ [ ] Jury [ ] Jury Waived [ ] Jury N/A

______ [ ] Bail set in amount $ ________________________ (misdemeanor only)

______ [ ] Continued until _____________________________________________

______ [ ] Warrant issued - Reason _____________________________________

______ [ ] Default - failed to appear on infraction

______ [ ] Other action: _______________________________________________

IN THE DISTRICT COURT OF THE ______________ DISTRICT

OF THE STATE OF IDAHO, COUNTY OF ____________

THE STATE OF IDAHO, Plaintiff

)

)

JUDGMENT

(VIOLATION #2)

vs.

)

)

Case No.

--------------- , Defendant.

)

The defendant having been fully advised of his constitutional and statutory rights, including his rights to be represented by counsel, and the defendant having:

[ ] Been advised of right to court appointed counsel if indigent

[ ] Been represented by counsel ________________________________

(Name)

[ ] Waived counsel

[ ] Entered a plea of admission or guilty

[ ] Entered a plea of denial or not guilty, and has been

[ ] Found to have committed the offense

[ ] Found not to have committed the offense

[ ] Failed to appear on an infraction - default entered

NOW THEREFORE, Judgment is hereby entered:

[ ] Against the defendant

[ ] Defendant's driving privileges are suspended for ____________ (days)

(months)

[ ] For the defendant

[ ] Withheld judgment (misdemeanor only)

for the charge of the offense of __________________ in violation of section ________ and;

THE DEFENDANT IS HEREBY ORDERED, to pay the following fixed penalty or fine:

Penalty or fine $ ________ Costs $ ________ Jail ________________________

Suspended ________________________ Probation period ________________

Conditions and supplemental orders _____________________________________

_________________________________________________________________________

__________________________________________________________________________

Dated: __________________

______________________________

Signature of Judge or Clerk

STATE OF IDAHO

)

COUNTY OF ------------------

)

The undersigned Clerk of the above entitled court hereby certifies that the foregoing is a true and correct copy of the original judgment of the court record on file in this office.

Dated: ____________ Clerk or Deputy ____________________________________

[Back of 2nd Copy]

(AGENCY) No. ____________________________

IDAHO UNIFORM CITATION

IN THE DISTRICT COURT OF THE ------ JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ------

STATE OF IDAHO

)

COMPLAINT AND SUMMONS

)

)

[ ] Infraction Citation

vs.

)

OR

)

[ ] Misdemeanor Citation

)

--------------------------------

)

[ ] Accident Involved

Last Name

)

)

--------------------------------

)

First Name Middle Initial

)

IPUC # __________________ USDOT TK Census # ________________

[ ] Operator

[ ] Class A

[ ] Class B

[ ] Class C

[ ] Class D

[ ] Other _______________

[ ] GVWR 26001 + [ ] 16+ Persons [ ] Placard Hazardous Materials DR# _____

Home Address ____________________________________________________________

Business Address ___________________________________________ Ph# ________

THE UNDERSIGNED OFFICER (PARTY) HEREBY CERTIFIES AND SAYS: I certify I have reasonable grounds, and believe the above-named Defendant.

DL or SS # __________________ State ______ Sex [ ] M [ ] F

Height ______ Wt. ______ Hair ______ Eyes ______ DOB _____________________

Veh. Lic. # ________ State ______ Yr. of vehicle ____ Make _______________

Model ____________ Color ____________

Did commit the following act(s) on _________ 19 ____ at ______ o'clock _ M.

Vio. #1 ________________________________________________________________

Code Section

_________________________________________________________________________

Vio. #2 ________________________________________________________________

Code Section

__________________________________________________________________________

Location ________________________________________________________________

Hwy ________ Mp. __________ _______________________________ County, Idaho.

________ ________________________________________ _____________ __________

Date Officer/Party Serial#/Address Dept.

________ ________________________________________ _____________ _________

Date Witnessing Officer Serial#/Address Dept.

THE STATE OF IDAHO TO THE ABOVE NAMED DEFENDANT:

You are hereby summoned to appear before the Clerk of the Magistrate's Court of the District Court of __________________ County, ______________ , Idaho, located at ______________ on the __________ day of __________ 20 ____, at ____ o'clock _ M.

I acknowledge receipt of this summons and I promise to appear at the time indicated.

________________________________

Defendant's Signature

I hereby certify service upon the defendant personally on _________ 20___

________________________________

Officer NOTICE: See reverse side of your copy for PENALTY and COMPLIANCE instructions.

DEFENDANT'S COPY

(AGENCY) No. _______________________________

IDAHO UNIFORM CITATION

IN THE DISTRICT COURT OF THE ------ JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ------

STATE OF IDAHO

)

COMPLAINT AND SUMMONS

)

)

[ ] Infraction Citation

vs.

)

OR

)

[ ] Misdemeanor Citation

--------------------------------

)

[ ] Accident Involved

Last Name

)

)

--------------------------------

)

First Name Middle Initial

)

IPUC # __________________ USDOT TK Census # _______________

[ ] Operator [ ] Class A [ ] Class B [ ] Class C [ ] Class D

[ ] Other _______________

[ ] GVWR 26001 + [ ] 16+ Persons [ ] Placard Hazardous Materials DR# ____

Home Address ____________________________________________________________

Business Address ___________________________________________ Ph# _________

THE UNDERSIGNED OFFICER (PARTY) HEREBY CERTIFIES AND SAYS:

I certify I have reasonable grounds, and believe the above-named Defendant.

DL or SS # __________________ State ______ Sex [ ] M [ ] F

Height ______ Wt. ______ Hair ______ Eyes ______ DOB _____________________

Veh. Lic. # ________ State ______ Yr. of vehicle ____ Make _______________

Model ____________ Color ____________

Did commit the following act(s) on _________ 19 ____ at ______ o'clock _ M.

Vio. #1 ________________________________________________________________

Code Section

_________________________________________________________________________

Vio. #2 ________________________________________________________________

Code Section

_________________________________________________________________________

Location ________________________________________________________________

Hwy ________ Mp. __________ _______________________________ County, Idaho.

________ ________________________________________ _____________ _________

Date Officer/Party Serial#/Address Dept.

________ ________________________________________ _____________ __________

Date Witnessing Officer Serial#/Address Dept.

THE STATE OF IDAHO TO THE ABOVE NAMED DEFENDANT:

You are hereby summoned to appear before the Clerk of the Magistrate's Court of the District Court of __________________ County, ______________ , Idaho, located at ______________ on the __________ day of __________ 20 ____, at ____ o'clock _ M.

I acknowledge receipt of this summons and I promise to appear at the time indicated.

________________________________

Defendant's Signature

I hereby certify service upon the defendant personally on _________ 20 ___

_____________________________

Officer

NOTICE: See reverse side of your copy for PENALTY and COMPLIANCE instructions.

DRIVER'S SERVICES COPY

READ CAREFULLY

[ ] This is an INFRACTION charge in which:

NOTE: If you fail to appear within the time allowed for your appearance, judgment will be entered against you.

1. You may be represented by a lawyer at your expense.

2. You are entitled to a trial before a judge, but you do not have a right to trial by jury.

3. If you admit the offense or are found to have committed the offense, your fixed penalty and costs cannot be increased or decreased by the judge.

4. DENIAL OF CHARGE. If you do not feel you committed the offense(s) you may appear before the clerk of the court and DENY the charge, or you may indicate your denial below, within the time allowed for your appearance, and you will be given a trial date by the clerk.

[ ] I DENY VIOLATION [ ] #1 [ ] #2. A trial before a judge trial will be set and a notice sent to your home address.

5. ADMISSION OF CHARGE. You may admit the charge by mailing to the court (within the time allowed for your appearance) this copy of the citation together with your personal check or money order for the amount of the fixed penalty and costs. You may also pay over the Internet by going to https://mvcourts.idaho.gov. Payment of the fixed penalty and costs by mail or via the Internet will cause a judgment to be entered against you for the infraction for which driver violation points may be assessed against you by the Idaho Transportation Department's Division of Motor Vehicles OR You may go before the clerk of the court, within the time allowed for your appearance, to enter your admission at which time you must pay the same fixed penalty and costs.

FIXED PENALTY AND COSTS

VIOLATION #1 $ ______________________________

VIOLATION #2 $ ______________________________

Total Penalty and Costs $ ______________________________

[ ] I ADMIT TO VIOLATION [ ] #1 [ ] #2 and enclose my check for the full penalty and costs.

MAIL TO: MAGISTRATE COURT, _____________________________________________

__________________________________________________________ Idaho 83 ______

[ ] This is an infraction for failure to have insurance. If you admit the charge or are found to have committed the charge, upon notice from the department, your driver's license will be suspended until you provide proof of insurance to the Idaho Transportation Department's Division of Motor Vehicles and pay a reinstatement fee.(Fee may be paid at: Idaho.gov/)

[ ] This is a MISDEMEANOR charge in which:

NOTE: If you fail to appear within the time allowed for your appearance, another charge of failure to appear may be filed and a warrant may be issued for your arrest.

1. You may be represented by a lawyer, which will be at your expense unless the judge finds you are indigent.
2. You are entitled to a trial by jury if requested by you.
3. PLEA OF NOT GUILTY. You may plead not guilty to the charge by appearing before the clerk of the court or the judge, within the time allowed for your appearance, at which time you will be given a trial date.
4. PLEA OF GUILTY. You may plead guilty to the charge by going before the clerk of the court, within the time allowed for your appearance, at which time you will be told if you can pay a fixed fine or whether it will be necessary for you to appear before the judge;

OR

You may have your fine determined by a judge at a time arranged with the clerk of the court, within the time allowed for your appearance.

5. If you plead guilty, you may still give an explanation to the judge.
6. You may call the clerk of the court to determine if you can sign a plea of guilty and pay the fine and costs by mail or over the Internet by going to https://mvcourts.idaho.gov.

I plead guilty to all of the charges.

________________________________________________________

Defendant (If authorized by clerk of magistrate court)

[Back of Defendant's Copy]

IDAHO UNIFORM CITATION

ABSTRACT OF JUDGMENT

VIOLATION #1 Case No. ____________

OFFENSE _________________________________________________________

Code Section __________________________________________________________

______ Complaint dismissed

Date

______ DEFAULT ENTERED for failure to appear on infraction

Date

______ JUDGMENT ENTERED AGAINST THE DEFENDANT

Date

Defendant's driving privileges are suspended _______________

(days)

(months)

Bond forfeited (Misdemeanor only) ________________________

Withheld judgment (Misdemeanor only) _______________________

Penalty or Fine $ ______ Costs $ ______ Suspended $ ________

Jail ______ Suspended ______ Probation Period _____________

Conditions and supplemental orders: _______________________

____________________________________________________________

VIOLATION #2 Case No. ___________

OFFENSE _____________________________________________________________

Code Section ______________________________________________________________________

______

Date Complaint dismissed

______ DEFAULT ENTERED for failure to appear on infraction

Date

______ JUDGMENT ENTERED AGAINST THE DEFENDANT

Date

Defendant's driving privileges are suspended ______________

(days)

(months)

Bond forfeited (Misdemeanor only) ________________________

Withheld judgment (Misdemeanor only) ______________________

Penalty or Fine $ ______ Costs $ ______ Suspended $ _______

Jail ______ Suspended ______ Probation Period _____________

Conditions and supplemental orders: _______________________

___________________________________________________________

The undersigned Clerk of the above entitled court hereby certifies that the

foregoing is a true and correct abstract of the original judgment of the

court record on file in this office.

______ ______________________________

Date Clerk

[Back of Driver's Services Copy]

(AGENCY) No. ______________________________

IDAHO UNIFORM CITATION

IN THE DISTRICT COURT OF THE ------ JUDICIAL DISTRICT OF

THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ------

STATE OF IDAHO

)

COMPLAINT AND SUMMONS

)

)

[ ] Infraction Citation

vs.

)

OR

)

[ ] Misdemeanor Citation

)

--------------------------------

)

[ ] Accident Involved

Last Name

)

)

--------------------------------

)

First Name Middle Initial

)

IPUC # __________________ USDOT TK Census # _______________

[ ] Operator [ ] Class A [ ] Class B [ ] Class C [ ] Class D

[ ] Other _____________________________

[ ] GVWR 26001 + [ ] 16+ Persons [ ] Placard Hazardous Materials DR#___

Home Address ______________________________________________________

Business Address ___________________________________________ Ph# __________

THE UNDERSIGNED OFFICER (PARTY) HEREBY CERTIFIES AND SAYS: I certify I have reasonable grounds, and believe the above-named Defendant.

DL or SS # __________________ State ______ Sex [ ] M [ ] F

Height ______ Wt. ______ Hair ______ Eyes ______ DOB ____________________

Veh. Lic. # ________ State ______ Yr. of vehicle ____ Make ______________

Model ____________ Color ____________

Did commit the following act(s) on _______ 19 ____ at ______ o'clock _ M.

Vio. #1 _______________________________________________________________

Code Section

_______________________________________________________________________

Vio. #2 _______________________________________________________________

Code Section

_______________________________________________________________________

Location ______________________________________________________________

Hwy ________ Mp. __________ _______________________________ County, Idaho.

________ ________________________________________ _____________ __________

Date Officer/Party Serial#/Address Dept.

________ ________________________________________ _____________ _________

Date Witnessing Officer Serial#/Address Dept.

THE STATE OF IDAHO TO THE ABOVE NAMED DEFENDANT:

You are hereby summoned to appear before the Clerk of the Magistrate's Court of the District Court of __________________ County, ______________ , Idaho, located at ______________ on the __________ day of __________ 20 ____, at ____ o'clock _ M.

I acknowledge receipt of this summons and I promise to appear at the time indicated.

________________________________

Defendant's Signature

I hereby certify service upon the defendant personally on _______ 20

____

_______________________________

Officer

NOTICE: See reverse side of your copy for PENALTY and COMPLIANCE instructions.

OFFICER'S COPY Each department issuing citations is authorized to design the format of this reverse side of the officer's copy inasmuch as the information contained herein will be used by the department for their own purposes and not filed with any court. In addition, the department may make additional copies of the Idaho Uniform Citation. (Back of Additional Copies)

(h) Color and Distribution. With the exception of electronically issued citations, the first copy of the citation shall be white and deposited with and retained by the court; the second copy shall have pink borders at the top and bottom and be delivered to the defendant; the third copy shall have yellow borders at the top and bottom and be delivered by the police officer initially to the court and thereafter forwarded by the court to the appropriate department upon disposition of the citation. Additional copies of the citation may be prepared with additional information required by the issuing governmental department, agency or unit for its internal use.
(i)Electronic Citations. Citations may be electronically issued. Electronic citations do not need to meet the formatting requirements set out in subsections (g) and (h) of this rule, but must otherwise provide the same information that is required by subsections (g) and (j) of this rule.
(j)Failure to Appear. The citation shall state and notify the defendant that in the event he fails to appear on the citation at the time indicated, a warrant may be issued for his arrest. In the event the defendant does not appear as required by the citation, action may be taken against him as provided in Rule 11.

Id. Mis. Crim. R. 5

Adopted April 18, 1983, effective 7/1/1983; amended March 20, 1991, effective 7/1/1991; amended March 26, 1992, effective 7/1/1992; amended March 9, 1999, effective 7/1/1999; amended March 21, 2007, effective 7/1/2007, amended April 2, 2010, effective 4/15/2010 amended March 18, 2011, effective 7/1/2011; amended April 27, 2012, effective 7/1/2012; amended December 3, 2013, effective 7/1/2014; amended September 26, 2018, effective 3/1/2019; amended January 13, 2021, effective 1/13/2021; amended January 22, 2021, effective 3/1/2021.