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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 />8 of 17 <br /> <br />Idaho Department of Correction <br /> <br />• Documents and all attachments for qualified legal claims, as identified in this SOP, <br />that are ready to be filed with a court and served on the opposing party <br />• A completed Power of Attorney signed by the inmate and notarized <br />• A photocopy of an inmate’s legal mail log maintained by the prison legal resource <br />center for a specific date or date range (not to exceed five days) to document to a <br />court when a filing was presented to the prison legal resources center for mailing. <br />Standard photocopying charges will apply with the exception of the copy to be filed <br />with the court. <br />• An inmate may request a certified copy of his/her Inmate Trust Account Statement to <br />attach to required legal pleadings if seeking a waiver of court fees under Idaho Code <br />§31-3220A, or appeal under Idaho Appellate Rule 24(h), or if seeking In Forma <br />Pauperis status for the U.S. District Court under 28 USC §1915. <br />• An inmate requesting either a legal mail log or an Inmate Trust Account Statement <br />must submit an Access to Courts Request Form to the facility paralegal according to <br />the process identified in this SOP. Unless the inmate is indigent, a charge of $.10 per <br />page will be assessed. The following information must be included with the inmate’s <br />request: <br />o A prepared Inmate Personal Funds Withdrawal Slip for the cost of the <br />certified copy (unless indigent) <br />o The date range required by the court – six months for a federal filing and <br />twelve months for a state filing. The legal resource center paralegal will affix a <br />certification stamp to each page of the inmate’s trust account statement or <br />the mail log, if the document consists of more than one page. <br />If there is a question regarding the documents or attachments to be filed or served on an <br />opposing party, the paralegal staff will determine the documents needed and number of <br />copies necessary based on court rules or by contacting the court. <br />If an inmate is served with a summons and complaint that requires a response per Idaho <br />Rules of Civil Procedure or Federal Rules of Civil Procedure, the inmate will be provided <br />with the opportunity to file a response. Paralegal staff must provide mailing and <br />photocopying services consistent with court filing requirements. <br />Class Action and Multiple Inmate Legal Actions <br />When inmates jointly file documents and attachments with a court as co-plaintiffs <br />(parties to the same legal action) photocopies must not be made for all parties to the <br />legal action. Instead, a full photocopy must be maintained in the legal resource center. <br />However, the inmate who filed the legal action with the court has the option of paying for <br />one additional full photocopy as his/her personal copy. Upon request, all other parties to <br />the legal action may review the photocopy maintained in the legal resource center. <br />Photocopies of subsequent filings in that case are placed with the previous photocopy <br />maintained in the legal resource center so a complete record of the legal action is <br />available. <br />If an inmate who is a party to the legal action is transferred to another facility, a full <br />photocopy of the filings may be made for that inmate at his/her own expense. However,