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Access to Courts - SOP
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Access to Courts - SOP
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7/31/2024 2:01:50 PM
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1/6/2018 4:09:32 PM
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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 />9 of 17 <br /> <br />Idaho Department of Correction <br /> <br />if the inmate meets the requirements to be considered indigent as defined in SOP <br />402.02.01.001, Mail Handling in Correctional Facilities, a full photocopy may be made for <br />that inmate upon his/her request at no expense to the inmate. <br />9. Service of Documents upon Opposing Parties <br />Service of a summons and complaint by mail is not effective service in a state of Idaho court <br />matter. <br />Service on the IDOC, Idaho Board of Correction, Idaho Commission of Pardons and <br />Parole, or Any Employee Thereof <br />An inmate must neither attempt, nor cause another inmate acting on his behalf to <br />attempt to personally serve any legal document on the IDOC, the Idaho Board of <br />Correction, the Idaho Commission of Pardons and Parole, or any employee thereof. <br />Service on the IDOC, the Idaho Board of Correction, the Idaho Commission of Pardons <br />and Parole, or any employee thereof, by an inmate or member of the public, must be <br />made by personal service upon a deputy attorney general (DAG) representing the IDOC. <br />Service upon a deputy attorney general must be in accordance with applicable rules and <br />take place at the Idaho Department of Correction Central Office, located at 1299 N. <br />Orchard, Suite 110 Boise, ID 83706. <br />Service on any other person or entity is to be by personal service and is the sole <br />responsibility of the inmate. <br />10. Access to Courts Supplies for Indigent Inmates <br />Indigent status is defined in SOP 402.02.01.001, Mail Handling in Correctional Facilities. If <br />an inmate does not meet the requirements as defined to be considered indigent, the <br />paralegal or other facility head-designated staff member must ensure the inmate is able to <br />access the courts in accordance with this SOP. This may include providing the inmate with <br />indigent supplies, photocopying documents for the inmate, or providing postage, if <br />necessary. For example, if an inmate has one dollar and twenty cents ($1.20) in his inmate <br />trust account and needs to make 30 photocopies of a motion and mail it to the court to be <br />filed, the paralegal or other facility head-designated staff member must accommodate the <br />request even though the inmate does not have enough money in his account to cover the <br />full expense of photocopying and mailing the motion. <br />Indigent supplies are: <br />• Blank paper for preparing court filings (no more than 25 sheets in an inmate’s <br />possession at any time) <br />• Envelopes for mailing to the court and opposing parties at the time of filing or to a <br />verifiable attorney of record <br />• One security pen (black link only) on an exchange basis <br />To ensure court filings are in the proper format, all inmates should use preprinted forms <br />provided by the legal resource center when available. Blank sheets of indigent paper must <br />have the facility name and the term ‘indigent legal paper’ printed in the bottom left corner of <br />at least one side of the paper to identify it as paper that has been authorized for legal work.
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