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Control Number: <br />405.02.01.001 <br />Version: <br />6.0 <br />Title: <br />Access to Courts <br /> <br />Page Number: <br />5 of 17 <br /> <br />Idaho Department of Correction <br /> <br />• Idaho Criminal Rule 35 appeal <br />• Direct Appeal of Criminal Conviction <br />• UPCPA (Uniform Post-Conviction Procedure Act) <br />• UPCPA appeals <br />• State Civil Rights (42 USC § 1983) <br />• State Habeas Corpus <br />• Credit for Time Served <br />• Modification of Idaho child support and initial motion to suspend child support <br />obligations during incarceration only <br />• Tort Claim (Note: The submission of a tort claim is a mandatory prerequisite prior to <br />filing a civil lawsuit in state court, wherein the named defendants are the state of <br />Idaho, one of its political subdivisions, or their employees. There is no relief available <br />by simply submitting a tort claim. <br />• Power of Attorney <br />• State Court Appeal <br />Federal Court <br />• Federal Civil Rights (42 USC § 1983) <br />• Federal Habeas Corpus Petition (28 USC § 2254) <br />• 9th Circuit Court Appeal <br />• Petition for Writ of Certiorari to the U.S. Supreme Court <br />The department provides forms and instructions for the initial filing of these matters. <br />If an inmate needs assistance other than what is identified as a qualified legal claim <br />above, the request for assistance should be sent by inmate concern to the division of <br />prison’s access to courts coordinator for consideration. <br />5. Forms for Qualified Legal Claims <br />Authorized forms for qualified legal claims are maintained on the IDOC network “P-drive” in <br />the Access to Courts folder. Only paralegal staff and designees have access to the folder in <br />this network drive. <br />Prohibited Forms <br />Inmates must not draft or possess the following: <br />• Completed or blank transports orders <br />• Blank letterhead stationery relating to any agency, organization, or entity <br />6. Process for Requesting Access to Courts Assistance, Services, and Resources <br /> <br />