How To Waive Your Rights So You Don't Have To - Idaho Edition 2024 - Joseph Documents His Business & Law Journey

151 Ways To Waive Your Rights In Idaho Civil Litigation

Updated 2023-11-16

Table Of Contents (Jump To Section Below)

[show]

It’s critical to navigate the legal landscape with awareness and caution.

Often, individuals inadvertently waive their rights.

Simply because they are not fully aware of the legal intricacies and procedures.

This can lead to unintended consequences and a less favorable outcome in legal disputes.

Today’s publication identifies and BOLDs every instance,

Or variation of the word “waive” in Idaho court rules of:

Civil Procedure
Evidence Rules
Appellate Rules
Professional Conduct
Statutes

Understanding these pitfalls is not just about safeguarding your rights; it’s about gaining the strategic advantage that comes from thorough knowledge.

Let’s explore these 108 ways so you can navigate your legal journey with confidence and assert your rights effectively.

Idaho Rules Of Civil Procedures

Idaho Rules of Civil Procedure Rule 1.3. Objection to Assignment to Magistrates.

Any irregularity in the method or scope of assignment of a civil action or proceeding to any magistrate under the Idaho Court Administrative Rules and Idaho Code Sections 1-2208 and 1-2210, and all objections to the propriety of an assignment to a magistrate are waived unless a written objection is filed before the trial or hearing begins. No order or judgment is void or subject to collateral attack because it is rendered pursuant to an improper assignment to a magistrate.

Idaho Rules of Civil Procedure Rule 8. General Rules of Pleading.
1. (c) Affirmative Defenses.
  1. (1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:
    1. (R) waiver; and
Idaho Rules of Civil Procedure Rule 10.1. Filing Fee-Waiver.

The filing fee prescribed by Appendix “A” to these rules must be paid before the filing of a pleading or motion listed in the filing fee schedule. Any waiver of the filing fee must be made by the court upon verified application of a party and no filing fee is required for this application. Provided, the filing fees is automatically waived in any case in which a party is represented by an attorney under the Idaho Law Foundation Volunteer Lawyers Program, the University of Idaho Legal Aid Clinic, the Concordia University School of Law Housing Clinic, the Idaho Legal Aid Program, or an attorney under a private attorney contract with Legal Aid.

(h) Waiving and Preserving Certain Defenses.
1. (1) When Some Are Waived. A party waives any defense listed in subsection (b)(2), (4) and (5) by failing to assert it by motion before filing a responsive pleading or filing any other motion, except a motion for an extension of time to answer or otherwise appear or a motion to disqualify a judge under Rule 40(a) or (b).
2. (2) When to Raise Others. Failure to state a claim upon which relief can be granted, to join a person required by Rule 19 or 19.1, a defense of another action pending between the same parties for the same cause, or to state a legal defense to a claim may be raised:
  1. (A) in any pleading allowed or ordered under Rule 7(a);
  2. (B) by a motion under Rule 12(c); or
  3. (C) at trial.
3. (3) Lack of Subject Matter Jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.
4. (4) Improper Venue. An objection to improper venue is waived unless a timely motion for proper venue is made as provided in Rule 40.1.

Idaho Rules of Civil Procedure Rule 30. Depositions by Oral Examination.
1. (e) Review by the Witness; Changes.
  1. (1) Review; Statement of Changes. Unless waived by the deponent and the parties, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available in which:
    1. (A) to review the transcript or recording; and
    2. (B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them.
  2. (2) Changes Indicated in the Officer’s Certificate. The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period.
  3. (3) Witness Failure to Sign.
    1. (A) In General. If the deposition is not signed by the witness within the 30 days period, the officer must sign it and state on the record the fact of the waiver of signature, or of the illness or absence of the witness or the fact of the refusal to sign the deposition together with any reason given for not signing.
    2. (B) Use of Unsigned Deposition. The deposition may be used as if it were signed, unless pursuant to Rule 32(d)(4) the court determines that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.
Idaho Rules of Civil Procedure Rule 32. Using Depositions in Court Proceedings.
1. (d) Waiver of Objections.
  1. (1) To the Notice. An objection to an error or irregularity in a deposition notice is waived unless promptly served in writing on the party giving the notice.
  2. (2) To the Officer’s Qualification. An objection based on disqualification of the officer before whom a deposition is to be taken is waived if not made:
    1. (A) before the deposition begins; or
    2. (B) promptly after the basis for disqualification becomes known or, with reasonable diligence, could have been known.
  3. (3) To the Taking of the Deposition.
    1. (A) Objection to Competence, Relevance, or Materiality. An objection to a deponent’s competence, or to the competence, relevance, or materiality of testimony, is not waived by a failure to make the objection before or during the deposition, unless the ground for it might have been corrected at that time.
    2. (B) Objection to an Error or Irregularity. An objection to an error or irregularity at an oral examination is waived if:
      - (i) it relates to the manner of taking the deposition, the form of a question or answer, the oath or affirmation, a party’s conduct, or other matters that might have been corrected at that time; and
      - (ii) it is not timely made during the deposition.
    3. (C) Objection to a Written Question. An objection to the form of a written question under Rule 31 is waived if not served in writing on the party submitting the question within the time for serving responsive questions or, if the question is a recross-question, within 7 days after being served with it.
  4. (4) To Completing and Returning the Deposition. An objection to how the officer transcribed the testimony, or prepared, signed, certified, sealed, endorsed, sent, or otherwise dealt with the deposition, is waived unless a motion to suppress is made promptly after the error or irregularity becomes known or, with reasonable diligence, could have been known.
Idaho Rules of Civil Procedure Rule 33. Interrogatories to Parties.
1. (a) In General.
  1. (b) Answers and Objections.
    1. (4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.
Idaho Rules of Civil Procedure Rule 35. Physical and Mental Examinations.
1. (b) Examiner’s Report.
  1. (4) Waiver of Privilege. By requesting and obtaining the examiner’s report, or by deposing the examiner, the party examined waives any privilege it may have, in that action or any other action involving the same controversy, concerning testimony about all examinations of the same condition.
Idaho Rules of Civil Procedure Rule 38. Jury Trial.
1. (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.
Idaho Rules of Civil Procedure Rule 41. Dismissal of Actions.
1. (b) Involuntary Dismissal; Effect.
  1. (2) Dismissal in Court Trial. In an action tried without a jury, after presentation of plaintiff’s evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court must make findings as provided in Rule 52.
Idaho Rules of Civil Procedure Rule 45. Subpoenas.
1. (d) Relief from Subpoena. The court, upon timely motion, may:
  1. (1) quash or modify the subpoena if it is unreasonable, oppressive, fails to allow time for compliance, requires disclosure of privileged or other protected matter and no exception or waiver applies, or subjects a person to undue burden; or
Idaho Rules of Civil Procedure Rule 47. Jury Procedure.
1. (i) Peremptory Challenges.
  1. (2) Procedure. Peremptory challenges must be exercised alternately, by the parties; first by the plaintiff, then by the defendant, and then by any other party as prescribed by the court. All peremptory challenges must be exercised as directed by the court so as not to indicate to the panel which party exercised a peremptory challenge. Any juror selected to replace an excused juror must first be examined for challenges for cause before continuing with the peremptory challenges, except when all prospective jurors have been previously passed or challenged for cause. Any party who waives a peremptory challenge waives only that particular peremptory challenge and may subsequently exercise any remaining challenges; provided, if all parties consecutively waive their peremptory challenges, the court must deem the jury accepted by the parties and any remaining peremptory challenges are waived.
2. (k) Managing Jurors in Trial.
  1. (1) Oath of Jurors. After all peremptory challenges have been exercised or waived, the court must excuse all of the jury panel not selected. The clerk must then administer the jury oath or affirmation to the trial jury and alternates as prescribed by law.
Idaho Rules of Civil Procedure Rule 49. Verdicts.
1. (a) Special Verdict.
  1. (3) Issues Not Submitted. A party waives the right to a jury trial on any issue of fact raised by the pleadings or evidence but not submitted to the jury unless, before the jury retires, the party demands its submission to the jury. If the party does not demand submission, the court may make a finding on the issue. If the court makes no finding, it is considered to have made a finding consistent with its judgment on the special verdict.
Idaho Rules of Civil Procedure Rule 50. Dispositive Trial Motions.
1. (a) Motion for Directed Verdict. A motion for a directed verdict must state the specific grounds for the motion. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. The order of the court granting a motion for a directed verdict is effective without the agreement of the jury.
2. (b) Motion for Judgment Notwithstanding the Verdict.
  1. (4) Conditional Ruling.
    1. (D) Failure to Make Motion. Any party who fails to make a motion for a new trial as provided in this subsection waives the right to apply for a new trial.
Idaho Rules of Civil Procedure Rule 54. Judgments; Costs.
1. (d) Costs.
  1. (4) Memorandum of Costs. At any time after the verdict of a jury or a decision of the court, but not later than 14 days after entry of judgment, any party who claims costs may file and serve on adverse parties a memorandum of costs, itemizing each claimed expense. The memorandum must state that to the best of the party’s knowledge and belief the items are correct and that the costs claimed are in compliance with this rule. Failure to timely file a memorandum of costs is a waiver of the right to costs. A memorandum of costs prematurely filed is considered as timely.
  2. (5) Objections to Costs. Within 14 days of service of a memorandum of costs, any party may object by filing and serving a motion to disallow part or all of the costs. The motion does not stay execution on the judgment, exclusive of costs, and must be heard and determined by the court as other motions under these rules. Failure to timely object to the items in the memorandum of costs constitutes a waiver of all objections to the costs claimed.
Idaho Rules of Civil Procedure Rule 55. Default; Default Judgment.
1. (a) Entering a Default.
  1. (2) Time Limitation.
    1. (B) Shortened Time. Default may be entered earlier if (1) the party required to make the appearance or defense states in a written waiver under oath that the party waives the permitted time for appearance or defense, refuses to plead further, and consents to the immediate hearing of a default proceeding without further notice, and (2) the court enters an order shortening the time for appearance or defense by such party for good cause shown by the affidavit or testimony of the moving party. Upon compliance with this rule, default may be entered, a default proceeding held and judgment by default entered without notice to the defaulting party as though the time for an appearance or defense had expired.
Idaho Rules of Civil Procedure Rule 62. Stay of Proceedings to Enforce a Judgment.
1. (e) Stay in Favor of the State, Subdivision, or Agency Thereof; Waiver. The court must not require a bond, obligation or other security from the appellant when granting a stay on an appeal by the state of Idaho or its officers, agencies or subdivisions.
2. (f) Waiver of Security. In all cases, the parties may waive the filing of security by written stipulation.
Idaho Rules of Civil Procedure Rule 75. Contempt.
1. (g) Nonsummary Proceedings; Plea. The respondent must admit or deny the charge of contempt, after being informed of the applicable rights.
  1. (1) Admission of Contempt. Before an admission of the charge can be accepted, the record of the entire proceedings, including reasonable inferences drawn therefrom, must show:
    1. (D) the respondent was advised that by admitting the contempt, the respondent would be waiving the applicable rights specified in subsection (f) above.
2. (i) Nonsummary Proceedings; Trial.
  1. (1) Court Trial or Jury Trial. The trial will be before the court without a jury, provided that if the respondent is charged with multiple counts tried in one proceeding, the court cannot impose consecutive criminal sanctions totaling more than 6 months in jail unless the respondent was given, or voluntarily waived, the right to a jury trial.
3. (l) Nonsummary Proceedings; Imposition of Sanctions. If the respondent admits the contempt or is found in contempt following a trial, the court may impose sanctions as permitted by law, under the following conditions:
  1. (1) Right to Counsel. The court cannot impose incarceration as a sanction unless the contemnor was represented by counsel or had knowingly and voluntarily waived the right to counsel.

Idaho Rules Of Evidence

I.R.E. 507. Conduct of Mediations.
1. (3) Privilege against disclosure; admissibility; discovery.
  1. (a) Except as otherwise provided in subpart 5, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by subpart 4.
2. (4) Waiver and preclusion of privilege.
  1. (a) A privilege under subpart 3 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:
    1. (1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and
    2. (2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
I.R.E. 510. Waiver of Privilege by Voluntary Disclosure.

A person upon whom these rules confer a privilege against disclosure of the confidential matter or communication waives the privilege if the person or the person’s predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter or communication. This rule does not apply if the disclosure is itself a privileged communication.

I.R.E. 518. Licensed Social Worker-Client Privilege.
1. (d) Exceptions. There is no privilege under this rule:
  1. (2) Charges against licensee. When the client waives the privilege by bringing charges against the licensee.
I.R.E. 519. Hospital, In-Hospital Medical Staff Committee and Medical Society Privilege.
1. (e) Waiver of privilege by testimony. The privilege as to a confidential communication under this rule is waived if the maker of the confidential communication gives evidence of his opinion or conclusion concerning the subject matter of the confidential communication.

Idaho Appellate Rules (I.A.R.)

5. Special writs and proceedings.
1. (f) Memorandum of Costs. No later than fourteen (14) days after the issuance of an order denying the petition or granting a peremptory writ, the prevailing party may file a memorandum of costs. Such memorandum must state that to the best of the party’s knowledge and belief the items are correct and that the costs claimed are in compliance with this rule. A memorandum of costs mailed to the Court shall be deemed filed upon the date of mailing. Failure to file a memorandum of costs within the period prescribed by this rule shall be a waiver of the right to costs.
12.2 Expedited review for appeals in custody cases brought pursuant to Rule 11.1 or Rule 12.1.
1. (b) Preparation and filing of clerk’s record. The official court file, including any minute entries or orders together with the exhibits offered or admitted, shall constitute the clerk’s record in such appeal. The record shall be prepared in accord with Rule 27 (a) and (b) as to number, use and fee, and Rule 28 (d) (e) and (f) and (g) as to preparation. The clerk shall prepare the record and have it ready for service on the parties within twenty one (21) days of the date of the filing of the notice of appeal. Clerks shall give priority to preparation of the record in these cases. The payment of the clerk’s record fee as required by this rule may be waived by the magistrate court pursuant to section 31-3220, Idaho Code, in accordance with the local rules of the judicial district of the district court.
2. (c) Preparation and filing of transcript. Upon the filing of the notice of appeal the clerk of the district court shall forward the notice to the Trial Court Administrator, who shall be responsible for assigning preparation of the transcript. Unless otherwise ordered by the magistrate court, the appellant shall pay the estimated fee for preparation of the transcript as determined by the transcriber within the time set by the Trial Court Administrator and transcriptionist. The payment of the transcript fee may be waived by the magistrate court pursuant to section 31-3220, Idaho Code, in accordance with the local rules of the judicial district of the district court. The transcript shall be prepared in accord with Rule 24 (a) and (b) as to number, use and format, and in accord with Rules 25 and 26. The transcript shall be prepared and ready for service on the parties within twenty one (21) days of the date of the filing of the notice of appeal.
13. Stay of proceedings upon appeal or certification.
1. (15) Stay execution or enforcement of a money judgment upon the posting of a cash deposit or supersedeas bond by a fidelity, surety, guaranty, title or trust company authorized to do business in the state and to be a surety on undertakings and bonds, either of which must be in the amount of the judgment or order, plus 36% of such amount. Provided, an agreement not to execute on the judgment made pursuant to Rule 16(b) may be filed in lieu of such bond or cash deposit. Any bond filed pursuant to this rule shall state that the company issuing or executing the same agrees to pay on behalf of the appellant all sums found to be due and owing by the appellant by reason of the outcome of the appeal, within 30 days of the filing of the remittitur from the Supreme Court, up to the full amount of the bond or undertaking. A copy of the bond, agreement not to execute, or notification of a cash deposit shall be served upon all parties to the appeal at the time of the application for the stay of execution. Any objection to the sufficiency of a cash deposit or bond posted under this rule shall be waived unless a written objection is made in the form of a motion and filed with the district court within 21 days of the filing of such bond or cash deposit. The district court shall rule upon such objection in the same manner as any other motion under the I.R.C.P. If the district court stays execution or enforcement of a money judgment upon the posting of a cash deposit or supersedeas bond, the court may, upon motion or application, cause or direct any judgment lien filed to be released. If the appellate court has vacated any money judgment and remanded only for a determination of the amount of the judgment, the district court may continue or modify the amount of any cash deposit or supersedeas bond posted in connection with the appeal. Any cash deposit may be applied to the judgment upon filing of the remittitur from the Supreme Court. If a party obtains a judgment for punitive damages, the supersedeas bond or cash deposit requirements shall be waived as to that portion of the punitive damages that exceeds one million dollars ($1,000,000) if the party or parties found liable seek a stay of enforcement of the judgment during the appeal. In addition, the supersedeas bond or cash deposit requirements may be waived in any action for good cause shown. However, if the judgment creditor proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond or cash deposit requirement has been waived, is purposefully dissipating its assets or diverting assets outside the jurisdiction of the United States courts, waiver may be rescinded and the bond or cash deposit requirements may be reinstated for the full amount of the judgment.
16. Bonds on appeal.
1. (b) Waiver of Supersedeas Bond. The party in whose favor an execution may issue may agree in writing that the party will not execute pending the appeal, in which case no supersedeas bond shall be necessary to stay execution and the district court shall issue a stay so that no writ of execution shall issue on the judgment, or be served if already issued, pending final disposition of appeal.
23. Filing fees and clerk’s certificate of appeal – Waiver of appellate filing fee.
1. (a) Filing Fees. The Clerk of the Supreme Court shall charge the following filing fees for appeals and petitions:
2. (c) Waiver of Appellate Filing Fee. Any appellate filing fee set forth under subsection (a) of this rule may be waived pursuant to section 31-3220, Idaho Code, if such waiver is approved by the Supreme Court. Any party desiring waiver of the appellate filing fee in a civil appeal shall first make application to the district court or administrative agency from which the appeal is taken in accordance with the rules of procedure adopted by the judicial district of the district court or the administrative agency from which the appeal is taken. The order of the district court or administrative agency recommending waiver or no waiver of the appellate filing fee shall be filed by the appellant with the notice of appeal. The appellant shall also file with the notice of appeal a verified petition, motion or affidavit sworn to be the appellant stating:
  1. (2) A request for the waiver of the appellate filing fee.
  2. (4) A certification by the applicant that the applicant believes that the applicant is entitled to waiver of the filing fee.
3. (d) Request for Waiver. All of said documents filed with the district court with the notice of appeal requesting a waiver of the appellate filing fee shall be forwarded by the clerk of the district court to the Supreme Court at the same time and with the notice of appeal. The Clerk of the Supreme Court, upon receiving the notice of appeal and the request for the waiver of the appellate filing fee shall mark all documents as “lodged” indicating the date and time received. The Supreme Court will rule upon the request for waiver of the appellate filing fee without further briefs or arguments unless otherwise ordered by the Court. If the Supreme Court grants the waiver of the appellate filing fee, it will enter an order to that effect and the Clerk of the Court shall thereupon file the notice of appeal and all other documents relating to the waiver of the appellate filing fee which shall be deemed filed on the date and time they were initially lodged with the Supreme Court. In the event the Supreme Court denies the waiver of the appellate filing fee the Clerk shall so notify the appellant and the notice of appeal and all documents relating to the waiver of the appellate filing fee shall be lodged with the Supreme Court but not filed, and no appeal shall be pending with the Supreme Court unless and until the appellate filing fee is paid by the appellant.
4. (e) Automatic Waiver. In any appeal in which the appellant or cross-appellant is represented by the Idaho Legal Aid Services, the appellate filing fee shall automatically be waived and the clerk of the district court and the Clerk of the Idaho Supreme Court shall accept the notice of appeal or notice of cross-appeal without the payment of the appellate filing fee.
5. (f) Certificate of Appeal. Along with the notice of appeal or notice of cross-appeal,the clerk of the district court or the administrative agency shall, prepare and send to the Clerk of the Supreme Court a Certificate of Appeal in the form provided by these rules. Provided, if the appeal is from the denial by the trial court of an application for waiver of fees, the clerk shall attach to the Certificate of Appeal copies of the motion or application for waiver of fees, all affidavits and documents presented in support of the motion or application and the order of the trial court denying the same.
24. Reporter’s transcript – Format – Estimate of fees – Payment to clerk in trust – Time for preparation – Waiver of reporter’s fee.
1. (h) Waiver of Reporter’s Fee. The payment of the reporter’s fee as required by this rule may be waived by the district court pursuant to section 31-3220, Idaho Code, in accordance with the local rules of the judicial district of the district court.
27. Clerk’s or agency’s record – Number – Clerk’s fees – Payment of estimated fees – Time for preparation – Waiver of clerk’s fee.
1. (e) Waiver of Clerk’s Fee. The payment of the clerk’s record fee as required by this rule may be waived by the district court applying the same requirements as for a civil case as set forth in section 31-3220, Idaho Code, if the appellant is not a prisoner as defined in that statute. If the appellant is a prisoner, payment of the clerk’s record fee as required by this rule may be waived by the district court applying the same requirements as for a civil case as set forth in section 31-3220A, Idaho Code.
40. Taxation of costs.
1. (c) Memorandum of Costs. Within 14 days of the filing and announcement of the opinion on appeal, whether or not a petition for rehearing or petition for review is filed, any party who claims costs shall file with the Court and serve upon all adverse parties a memorandum of costs, itemizing each claimed expense. A memorandum of costs mailed to the Court shall be deemed filed upon the date of mailing. Failure to file a memorandum of costs within the period prescribed by this rule shall be a waiver of the right to costs.
41. Attorney fees on appeal.
1. (a) Application for Attorney Fees – Waiver. Any party seeking attorney fees on appeal must assert such a claim as an issue presented on appeal in the first appellate brief filed by such party as provided by Rules 35(a)(5) and 35(b)(5); provided, however, the Supreme Court may permit a later claim for attorney fees under such conditions as it deems appropriate.
111. Argument by telephone conference call.
1. Oral argument to the Court of Appeals may be held by telephone conference call of all members of the court, all attorneys for the parties and the clerk by stipulation of all parties and approval by the court. If oral argument has been held or waived by stipulation, the court, upon finding that additional dialogue would be useful, may order argument by telephone conference call. Any argument under this rule shall follow the general format established for oral argument under Rule 37, to the extent practicable. The court may limit oral argument under this rule to particular questions or issues. The clerk shall record oral argument made by telephone conference call under this rule.

Idaho Rules Of Professional Conduct

RULE 1.2: SCOPE OF REPRESENTATION
1. (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
RULE 1.7: CONFLICT OF INTEREST: CURRENT CLIENTS

Consent to Future Conflict

[22] Whether a lawyer may properly request a client to waive conflicts that might arise in the future is subject to the test of paragraph (b). The effectiveness of such waivers is generally determined by the extent to which the client reasonably understands the material risks that the waiver entails. The more comprehensive the explanation of the types of future representations that might arise and the actual and reasonably foreseeable adverse consequences of those representations, the greater the likelihood that the client will have the requisite understanding. Thus, if the client agrees to consent to a particular type of conflict with which the client is already familiar, then the consent ordinarily will be effective with regard to that type of conflict. If the consent is general and open-ended, then the consent ordinarily will be ineffective, because it is not reasonably likely that the client will have understood the material risks involved. On the other hand, if the client is an experienced user of the legal services involved and is reasonably informed regarding the risk that a conflict may arise, such consent is more likely to be effective, particularly if, e.g., the client is independently represented by other counsel in giving consent and the consent is limited to future conflicts unrelated to the subject of the representation. In any case, advance consent cannot be effective if the circumstances that materialize in the future are such as would make the conflict nonconsentable under paragraph (b).
RULE 1.9: DUTIES TO FORMER CLIENTS

Lawyers Moving Between Firms

[9] The provisions of this Rule are for the protection of former clients and can be waived if the client gives informed consent, which consent must be confirmed in writing under paragraphs (a) and (b). See Rule 1.0(e). With regard to the effectiveness of an advance waiver, see Comment [22] to Rule 1.7. With regard to disqualification of a firm with which a lawyer is or was formerly associated, see Rule 1.10.

*RULE 1.10: IMPUTATION OF CONFLICTS OF INTEREST: GENERAL RULE
1. (c) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7.
  1. [6] Rule 1.10(c) removes imputation with the informed consent of the affected client or former client under the conditions stated in Rule 1.7. The conditions stated in Rule 1.7 require the lawyer to determine that the representation is not prohibited by Rule 1.7(b) and that each affected client or former client has given informed consent to the representation, confirmed in writing. In some cases, the risk may be so severe that the conflict may not be cured by client consent. For a discussion of the effectiveness of client waivers of conflicts that might arise in the future, see Rule 1.7, Comment [22]. For a definition of informed consent, see Rule 1.0(e).
RULE 1.11: SPECIAL CONFLICTS OF INTEREST FOR FORMER AND CURRENT GOVERNMENT OFFICERS AND EMPLOYEES
1. [4] This Rule represents a balancing of interests. On the one hand, where the successive clients are a government agency and another client, public or private, the risk exists that power or discretion vested in that agency might be used for the special benefit of the other client. A lawyer should not be in a position where benefit to the other client might affect performance of the lawyer’s professional functions on behalf of the government. Also, unfair advantage could accrue to the other client by reason of access to confidential government information about the client’s adversary obtainable only through the lawyer’s government service. On the other hand, the rules governing lawyers presently or formerly employed by a government agency should not be so restrictive as to inhibit transfer of employment to and from the government. The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards. The provisions for screening and waiver in paragraph (b) are necessary to prevent the disqualification rule from imposing too severe a deterrent against entering public service. The limitation of disqualification in paragraphs (a)(1), (a)(3) and (d)(2) to matters involving a specific party or parties, rather than extending disqualification to all substantive issues on which the lawyer worked, serves a similar function.
*RULE 3.8: SPECIAL RESPONSIBILITIES OF A PROSECUTOR
1. (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
  1. [2] In some jurisdictions, a defendant may waive a preliminary hearing and thereby lose a valuable opportunity to challenge probable cause. Accordingly, prosecutors should not seek to obtain waivers of preliminary hearings or other important pretrial rights from unrepresented accused persons. Paragraph (c) does not apply, however, to an accused appearing pro se with the approval of the tribunal. Nor does it forbid the lawful questioning of an uncharged suspect who has knowingly waived the rights to counsel and silence.
RULE 4.4: RESPECT FOR RIGHTS OF THIRD PERSONS
1. *[4] Paragraph (b) recognizes that lawyers sometimes receive a document or electronically stored information that was mistakenly sent or produced by opposing parties or their lawyers. A document or electronically stored information is inadvertently sent when it is accidentally transmitted, such as when an email or letter is misaddressed or a document or electronically stored information is accidentally included with information that was intentionally transmitted. If a lawyer knows or reasonably should know that a document or electronically stored information was sent inadvertently, then this Rule requires the lawyer to promptly notify the sender in order to permit that person to take protective measures. Whether the lawyer is required to take additional steps, such as returning or deleting the document or electronically stored information, is a matter of law beyond the scope of these Rules, as is the question of whether the privileged status of a document or electronically stored information has been waived. Similarly, this Rule does not address the legal duties of a lawyer who receives a document or electronically stored information that the lawyer knows or reasonably should know may have been inappropriately obtained by the sending person. For purposes of this Rule, “document or electronically stored information” includes, in addition to paper documents, email and other forms of electronically stored information, including embedded data (commonly referred to as “metadata”), that is subject to being read or put into readable form. Metadata in electronic documents creates an obligation under this Rule only if the receiving lawyer knows or reasonably should know that the metadata was inadvertently sent to the receiving lawyer.

12-120. ATTORNEY’S FEES IN CIVIL ACTIONS

TITLE 13 APPEALS IN CIVIL ACTIONS

13-202. STAY OF PROCEEDINGS PENDING APPEAL

How To Waive Your Rights So You Don’t Have To – Idaho Edition 2024

151 Ways To Waive Your Rights In Idaho Civil Litigation

Idaho Rules Of Civil Procedures

Idaho Rules Of Evidence

Idaho Appellate Rules (I.A.R.)

Idaho Rules Of Professional Conduct

Idaho Statutes

TITLE 5 PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

TITLE 6 ACTIONS IN PARTICULAR CASES

TITLE 7 SPECIAL PROCEEDINGS

TITLE 8 PROVISIONAL REMEDIES IN CIVIL ACTIONS

TITLE 9 EVIDENCE

TITLE 10 ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS

TITLE 11 ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

TITLE 12 COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS

TITLE 13 APPEALS IN CIVIL ACTIONS

TITLE 14 ESTATES OF DECEDENTS

TITLE 15 UNIFORM PROBATE CODE

TITLE 17 APPEALS

TITLE 28 COMMERCIAL TRANSACTIONS

TITLE 29 CONTRACTS

TITLE 45 LIENS, MORTGAGES AND PLEDGES

TITLE 51 NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS

TITLE 55 PROPERTY IN GENERAL

TITLE 65 SERVICE MEMBERS — VETERANS — SPOUSES AND DEPENDENTS

TITLE 68 TRUSTS AND FIDUCIARIES

Related

GET LIVE EMAIL UPDATES

POST CATEGORY

About Joseph Ray Powers

STOP ASKING PEOPLE TO DO THE RIGHT THING & FORCE THEM BY USING THE COURTS.

WIN WITHOUT A LAWYER

Recent Blogs