Idaho Rules of Civil Procedure (I.R.C.P.)
*ORDER ADOPTING RULE ON ELECTRONIC FILING AND SERVICE* Applicable in the following counties: Twin Falls County - Permissive filing begins November 9, 2015
1(a). Scope of rules.
1(c). District court rules.
1(d). Electronic signatures.
2. Form of action.
3(a). Commencement of action.
3(b). Designation of party.
3(c). Privacy protection for filings made with the court.
4(a). Process - Summons - Issuance - Time limits.
4(b). Summons - Form.
4(c)(1). By whom served.
4(c)(2). Executing process.
4(c)(3). Service of facsimile or telegraphic copy.
4(d)(1). Summons - Personal service.
4(d)(2). Service upon individuals.
4(d)(3). Service upon infants and incompetents.
4(d)(4). Service upon domestic or foreign corporations.
4(d)(5). Service upon state, agencies or governmental subdivisions.
4(d)(6). Receipt of service.
4(e)(1). Summons - Other service.
4(e)(2). Service - Completion.
4(f). Territorial limits of effective service.
4(i). Voluntary appearance.
5(a). Service and filing of pleadings and other papers - Service - When required.
5(b). Service - How made.
5(c). Service - Numerous defendants.
5(e). Filing with the court.
5(f). Proof of service.
5(g). Service on attorney-legislator suspended during sessions - Emergency provisions.
6(a). Time computation.
6(c)(1). District court held in each county.
6(c)(2). Order to show cause - Affidavits.
6(c)(3). Show cause hearings in divorce and custody proceedings (other than contempt matters). [Repealed]
6(c)(4). Show cause hearings - Generally.
6(d). For motions - Affidavits. [Rescinded]
6(e)(1). Additional time after service by mail.
6(e)(2). Setting hearings by court.
6(e)(3). Stipulations not binding on court - Continuance of trial or hearing.
7(a). Pleadings allowed - Form of motions - Pleadings.
7(b)(1). Motions and other papers.
7(b)(2). Captions, signing and form of motions.
7(b)(3). Time Limits for Filing and Serving Motions, Affidavits and Briefs.
7(b)(4). Hearings by telephone conference or video teleconference.
7(b)(5). Video teleconferencing for mental commitment hearings.
7(c). Demurrers, pleas and exceptions abolished.
8(a)(1). General rules of pleading - Claims for relief.
8(b). Defenses - Form of denials.
8(c). Affirmative defenses.
8(d). Effect of failure to deny.
8(e)(1). Pleading to be concise and direct - Consistency.
8(e)(2). Two or more statements of claim or defense permissible.
8(f). Construction of pleadings.
9(a). Pleading special matters - Capacity.
9(b). Fraud, mistake, condition of the mind, violation of civil or constitutional rights.
9(c). Conditions precedent.
9(d). Official document or act.
9(f). Time and place.
9(i). Libel or slander.
9(j). Description of real property.
10(a)(1). Form of pleadings - Caption - Name of parties.
10(a)(2). Lost papers.
10(a)(3). Language, abbreviation and numbers.
10(a)(4). Unknown party.
10(a)(5). Designation of unknown.
10(a)(6). Filing fee - Waiver.
10(b). Paragraphs - Separate statements.
10(c). Adoption by reference - Exhibits.
11(a)(1). Signing of pleadings, motions, and other papers; sanctions.
11(a)(2). Successive applications for orders or writs - Motions for reconsideration.
11(a)(3). Withdrawal of files.
11(b)(1). Change of attorneys.
11(b)(2). Withdrawal of attorney.
11(b)(3). Leave to withdraw - Notice to client.
11(b)(4). Withdrawal upon death, extended illness, absence, or disbarment of attorney.
11(b)(5). Limited Pro Bono Appearance.
12(a). Defenses and objections - When and how presented - By pleading or motion - Motion for judgment on pleadings - When presented.
12(b). How defenses and objections presented.
12(c). Motion for judgment on the pleadings.
12(d). Preliminary hearings.
12(e). Motion for more definite statement.
12(f). Motion to strike.
12(g). Consolidation of defenses in motion.
13(a). Compulsory counterclaims.
13(b). Permissive counterclaims.
13(c). Counterclaim exceeding opposing claim.
13(d). Counterclaim against the state.
13(e). Counterclaim maturing or acquired after pleading.
13(f). Omitted counterclaims.
13(g). Cross-claim against coparty.
13(h). Joinder of additional parties.
13(i). Separate trials - Separate judgments.
14(a). Third party practice - When defendant may bring in third party.
14(b). When plaintiff may bring in third party.
15(a). Amended and supplemental pleadings - Amendments.
15(b). Amendments to conform to the evidence.
15(c). Relation back of amendments.
15(d). Supplemental pleadings.
16(a). Pre-trial conferences, objectives.
16(b). Final pre-trial procedure.
16(h). Exhibits and witnesses.
16(k). Mediation of civil lawsuits.
16(n). Registration of private civil litigation evaluators.
17(a). Real party in interest.
17(b). Capacity to sue or be sued.
17(c). Infants or incompetent persons.
17(d). Unknown owners or heirs as parties.
18(a). Joinder of claims.
18(b). Joinder of remedies - Fraudulent conveyances.
19(a)(1). Persons to be joined if feasible.
19(a)(2). Determination by court whenever joinder not feasible.
19(a)(3). Pleading reasons for nonjoinder.
19(a)(4). Exception of class actions.
19(b). Motor vehicle owner.
20(a). Permissive joinder of parties - Permissive joinder.
20(b). Separate trials.
21. Misjoinder and nonjoinder of parties.
23(a). Prerequisites to a class action.
23(b). Class actions maintainable.
23(c). Determination by order whether class action to be maintained: notice: judgment: actions conducted partially as class actions.
23(d). Orders in conduct of actions.
23(e). Dismissal or compromise.
23(f). Derivative actions by shareholders.
23(g). Actions relating to unincorporated associations.
24(a). Intervention of right.
24(b). Permissive intervention.
24(c). Procedure from another court
25(a)(1). Substitution of parties - Death.
25(a)(2). Death of coparty - Effect.
25(c). Transfer of interest.
25(d). Public officers - Death or separation from office.
25(e). Substitution at any stage.
26(a). Discovery methods.
26(b)(1). Scope of discovery in general.
26(b)(2). Insurance agreements.
26(b)(3). Trial preparation - Materials.
26(b)(4). Trial preparation - Experts.
26(b)(4)(B). Experts not expected as witnesses.
26(b)(4)(C). Fees of expert - Apportionment.
26(b)(5)(A). Privileged information withheld.
26(b)(5)(B). Privileged information produced.
26(c). Protective orders.
26(d). Sequence and timing of discovery.
26(e). Supplementation of responses.
26(f). Signing of discovery requests, responses, and objections.
27(a)(1). Depositions before action - Petition.
27(a)(2). Notice and service.
27(a)(3). Order and examination.
27(a)(4). Use of deposition.
27(b). Depositions pending appeal.
27(c). Perpetuation by action.
28(a). Persons before whom depositions may be taken - Within the United States.
28(b). Taking in foreign countries.
28(c). Members of the armed forces.
28(d). Disqualification for interest.
28(e)(1). Unsworn Foreign Declarations.
28(e)(4). Validity of unsworn declaration.
28(e)(5). Required medium.
28(e)(6). Form of unsworn declaration.
28(e)(7). Uniformity of application and construction.
28(e)(8). Relation to Electronic Signatures in Global and National Commerce Act.
29. Stipulations regarding discovery procedure.
30(a). Depositions upon oral examination - When depositions may be taken.
30(b)(1). Notice of examination.
30(b)(2). General requirements.
30(b)(3). Special notice.
30(b)(4). Audio-visual deposition.
30(b)(5). Production of documents and things.
30(b)(6). Deposition of organization.
30(b)(7). Depositions by conference telephone calls.
30(c). Examination and cross-examination - Record of examination - Oath - Objections.
30(d). Motion to terminate or limit examination.
30(e). Submission to witness - Changes - Signing.
30(f)(1). Certification by officer and non-filing - Exhibits.
30(f)(3). Notice of preparation of transcript and filing notice of mailing.
30(f)(4). Use of deposition.
30(f)(5). Exhibits to depositions.
30(g)(1). Failure to attend.
31(a). Depositions upon written questions - Serving questions - Notice.
31(b). Officer to take responses and prepare record.
31(c). Notice of preparation of transcript and filing notice of mailing.
31(d). Orders for the protection of parties and deponents.
32(a). Use of depositions.
32(b). Objections to admissibility.
32(d). Effect of errors and irregularities in depositions.
33(a). Interrogatories to parties - Availability - Procedures for use.
33(b). Scope - Use of interrogatories at trial or on motions.
33(c). Option to produce records.
34(a). Production of documents, electronically stored information, tangible things, and entry upon land for inspection and other purposes - Scope.
34(c). Persons not parties.
34(d). Notice of filing and notice of compliance.
35(a). Physical and mental examination of persons.
35(b). Report of examining physician.
36(a). Requests for admission.
36(b). Effect of admission.
36(c). Non-filing of requests for admission and responses thereto.
36(d). Use of admissions.
37(a). Sanctions for violation of orders - Motion for order compelling discovery.
37(b). Failure to comply with discovery order - Sanctions.
37(c). Expenses on failure to admit.
37(d). Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.
37(e). General sanctions - Failure to comply with any order.
37(f). Expenses against state of Idaho.
38(a). Jury trial of right - Right preserved.
38(c). Demand - Specification of issues.
39(a). Trial by jury or by the court - By jury.
39(b). Trial by the court.
39(c). Advisory jury and trial by consent.
40(b). Request for trial setting.
40(c). Dismissal of inactive cases.
40(d)(1). Disqualification without cause.
40(d)(2). Disqualification for cause.
40(d)(4). Voluntary disqualification.
40(d)(5). Disqualification and assignment of new judge.
40(e). Change of venue.
41(a)(1). Dismissal of actions - Voluntary dismissal - Effect thereof - By plaintiff - By stipulation.
41(a)(2). Dismissal by order of court.
41(b). Involuntary dismissal - Effect thereof.
41(c). Dismissal of counterclaim, cross-claim, or third-party claim.
41(d). Costs of previously dismissed action.
42(a). Consolidation of separate trials - Consolidation.
42(b). Separate trials.
43(a). Taking of testimony.
43(b)(1). Direct and cross-examination.
43(b)(3)- (b)(4). [Rescinded.]
43(b)(3). Rules governing cross-examination. [Rescinded effective July 1, 1985.]
43(b)(4). Cross-examination of adverse party. [Rescinded effective July 1, 1985.]
43(b)(5). Reexamination and recalling of witnesses.
43(b)(6)- (b)(11). [Rescinded.]
43(b)(7). Impeachment of party's own witness. [Rescinded effective July 1, 1985.]
43(b)(8). Impeachment by showing inconsistent statements. [Rescinded effective July 1, 1985.]
43(b)(9). Evidence of good character. [Rescinded effective July 1, 1985.]
43(b)(10). Exclusion of trial witnesses. [Rescinded effective July 1, 1985.]
43(b)(11). Refreshment of memory. [Rescinded effective July 1, 1985.]
43(b)(12). Inspection of writings.
43(d). Affirmation in lieu of oath.
43(e). Evidence on motions.
43(f). View of premises, property or things.
44(a)- (c). [Rescinded.]
44(b). Proof of lack of record. [Rescinded effective July 1, 1985.]
44(c). Other proof of record. [Rescinded effective July 1, 1985.]
44(d). Judicial notice of facts and foreign law.
45(a). Subpoena - For attendance of witnesses - Issuance.
45(b). Subpoena for production or inspection of documents, electronically stored information or tangible things, or inspection of premises.
45(d). Protection against subpoena.
45(e)(1). Witness fees and expenses.
45(e)(2). Service of subpoena.
45(f)(1). Subpoena for taking depositions - Place of examination.
45(f)(2). Depositions - Attendance where required.
45(g). Subpoena for a hearing or trial.
45(h). Contempt for nonobedience of subpoena.
45(i). Interstate depositions and discovery.
45(i)(1). Statement of Purpose.
45(i)(3). Issuance of subpoena for interstate depositions and discovery.
45(i)(4). Service of subpoena for interstate depositions and discovery.
45(i)(5). Deposition, production, inspection, witness fees, expenses, place of examination, attendance where required.
45(i)(6). Application to court.
45(i)(6)(A) Envisions an action to enforce the subpoena.
45(i)(7). Uniformity of application and construction.
45(i)(8). Application to pending action.
46. Exceptions unnecessary.
47(a). Selection of master jury list and master jury wheel.
47(b). Selection of jury panel.
47(d). Juror questionnaires.
47(e). Roll call of jurors.
47(f). Oath to panel.
47(g). Selecting initial jury.
47(h). Challenges for cause.
47(i). Voir dire examination of jurors - Challenges - Struck jury.
47(j). Peremptory challenges - Number.
47(k). Exercise of peremptory challenges.
47(l). Additional jurors.
47(m). Oath of jurors.
47(n). Separation of jury - Admonition by court.
47(o). Notes by jurors.
47(p). Taking documents and exhibits to jury room.
47(q). Juror questioning of witnesses.
47(u). Declaration of mistrial-Sanctions.
48(a). Juries of less than twelve - Majority verdict.
48(b). Rendering verdict - Polling jury.
49(a). Special verdicts and interrogatories - Special verdicts.
49(b). General verdict accompanied by answer to interrogatories.
50(a). Motion for directed verdict - When made - Effect.
50(b). Motion for judgment notwithstanding the verdict.
50(c). Motion for judgment notwithstanding verdict - Conditional rulings on granted motions.
50(d). Denial of motion.
51(a)(1). Instructions to jury - Requests - Objections.
51(a)(2). Use of Idaho Jury Instructions (IDJI).
51(b). Rulings on objections - Final instructions and arguments.
52(a). Findings by the court - Effect.
52(b). Amendment of findings of court.
53(a)(1). Masters - Appointment and compensation.
53(a)(2). Disqualification of master.
53(a)(3). Motion and notice for disqualification.
53(b). Reference to a master.
53(c). Powers of master.
53(d)(1). Proceedings - Meetings.
53(d)(3). Statement of accounts.
53(e)(1). Master's report - Contents and filing.
53(e)(2). Master's findings in nonjury actions.
53(e)(3). Master's report in jury actions.
53(e)(4). Stipulation as to findings of master.
53(e)(5). Draft report of master.
54(a). Judgments - Definition - Form.
54(b). Judgment upon multiple claims or involving multiple parties.
54(c). Demand for judgment.
54(d)(1). Costs - Items allowed.
54(d)(2). Multiple parties.
54(d)(3). Costs on postponement.
54(d)(4). Nonresident cost bond prohibited.
54(d)(5). Memorandum of costs.
54(d)(6). Objections to costs.
54(d)(7). Settlement of costs by order of court.
54(e)(1). Attorney fees.
54(e)(3). Amount of attorney fees.
54(e)(4). Pleading - Default judgments.
54(e)(5). Attorney fees as costs.
54(e)(6). Objection to attorney fees.
54(e)(7). Settlement of attorney fees by order of court - Determination not binding on attorney and client.
54(e)(8). Claims to which rule applies.
54(e)(9). Effective date.
55(a)(1). Default - Entry.
55(a)(2). Default proof - Time limitation.
55(a)(3). Actions at issue - Not default.
55(b)(1). Default judgment by the court or clerk.
55(b)(2). Default judgment by the court - Persons exempt from.
55(c). Setting aside default judgment.
55(d). Plaintiffs, counterclaimants, cross-claimants covered by default judgment rule.
55(e). Judgment against the state.
56(a). Summary judgment - For claimant.
56(b). Summary judgment - For defending party.
56(c). Motion for summary judgment and proceedings thereon.
56(d). Case not fully adjudicated on motion for summary judgment.
56(e). Form of affidavits - Further testimony - Defense required.
56(f). When affidavits are unavailable in summary judgment proceedings.
56(g). Affidavits in summary judgment proceedings made in bad faith.
57. Declaratory judgments.
58(a). Entry of judgment.
58(b). Satisfaction of judgment.
59(a). New trial - Amendment of judgment - Grounds.
59(b). Time for motion for new trial.
59(c). Form and time for serving affidavits on motion for new trial.
59(d). On initiative of court.
59(e). Motion to alter or amend a judgment.
59.1. Additurs or remittiturs in lieu of new trial.
60(a). Relief from judgment or order - Clerical mistakes.
60(b). Mistakes, inadvertence, excusable neglect, newly discovered evidence, fraud, grounds for relief from judgment on order.
61. Harmless error.
62(a). Stay of proceedings to enforce a judgment - Stay upon entry of judgment.
62(b). Stay on motion for new trial or for judgment.
62(c). Injunction - Writ of mandate pending appeal.
62(d). Stay upon appeal.
62(e). Stay in favor of the state, subdivision, or agency thereof - Waiver.
62(f). Powers of Supreme Court and district court not limited.
62(g). Stay of judgment upon multiple claims.
63. Disability of a judge.
64. Seizure of person or property.
65(a). Injunctions - Preliminary injunction.
65(b). Temporary restraining order - Notice - Hearing - Duration.
65(c). Security given with injunction or restraining order.
65(d). Form and scope of injunction or restraining order.
65(e). Grounds for preliminary injunction.
65(f). Employer and employee actions exempt from rules as to injunctions or restraining orders.
66(a). Justification of sureties on bond.
66(b). Counsel not acceptable as surety.
67. Deposit in court.
68. Offer of judgment.
69. Execution - In general.
70. Judgment for specific acts - Vesting title.
71. Process in behalf of and against persons not parties.
72(a). Uniform probate code - Guardians and conservators.
72(b)- 72(z). [Reserved.]
74(a). Mandate and prohibition.
74(b). Application for writ.
74(c). Opposing writ.
74(d). Trial - Judgment.
75(b). Summary proceedings.
75(c). Nonsummary proceedings - Commencement.
75(d). Nonsummary proceedings - Service - Time Limits.
75(e). Nonsummary proceedings - warrant of attachment and bail.
75(f). Nonsummary proceedings - initial appearance of respondent.
75(g). Nonsummary proceedings - plea.
75(h). Nonsummary Proceedings -- Defenses to the Contempt.
75(i). Nonsummary proceedings - trial.
75(j). Nonsummary proceedings - burden of proof.
75(k). Nonsummary proceedings – findings of fact.
75(l). Nonsummary proceedings - imposition of sanctions.
75(m). Nonsummary proceedings - attorney fees.
75(n). Other rules of civil procedure.
76. Decree of adoption.
77(a). Court in continuous session - Terms abolished.
77(b). Trials and hearings.
77(c). Clerk's office and orders by clerk.
77(d). Notice of orders or judgments.
78. Motion day.
79(a)- 79(d). [Rescinded.]
79(e). Reclaiming exhibits, documents or property.
79(f). Other books and records of the clerk.
80. Stenographic report or transcript as evidence.
81(a). Small claims - Defaults.
81(b). Counterclaims prohibited.
81(c). Transfer to magistrates division - When permitted.
81(d). Appearance and witnesses at small claim proceeding.
81(e). Disqualification of magistrate in small claim proceeding.
81(f). Dismissal of inactive small claims.
81(g). Record not required.
81(h). Judgment on small claim.
81(i). Vacating, reconsidering, or correcting clerical errors of a judgment in a small claim.
81(k). Who may appeal a small claim judgment.
81(l). Notice of appeal and appeal bond.
81(n). Appeal of small claims judgment.
81(o). Procedure on appeal.
81(p). Costs on appeal.
81(q). Attorney fees on appeal.
82(a). Jurisdiction and venue unaffected.
82(b). Attorney magistrates.
82(c)(1). Jurisdiction of all magistrates.
82(c)(2). Assignment of additional cases to attorney magistrates.
82(c)(3). Objection to assignment to magistrates.
82(c)(4). Special assignment to attorney magistrates.
82(c)(5). Enlargement of dollar amount of cases assignable.
82(d). Costs - Jurisdictional amounts.
82(e). Counterclaims or cross-claims exceeding jurisdiction.
83(a). Appeals from decisions of magistrates.
83(b). Magistrate appeals - Judicial review.
83(d). Record of proceeding of magistrates division.
83(e). Filing appeal.
83(f). Notice of appeal - Contents.
83(g). Cross appeals.
83(i). Stay during appeal - Powers of magistrate.
83(j). Method of appeal - Transcript of proceedings - Listening to recording tapes - Trial de novo.
83(k). Payment of fees - Preparation of transcript.
83(l). Form of transcript.
83(n). Clerk's record.
83(o). Settlement of transcript.
83(p). Filing of transcript and record.
83(q). Augmentation of the record.
83(r). Joint use of transcript.
83(s). Effect of failure to comply with time limits.
83(u). Appellate review.
83(v). Appellate briefs.
83(w). Appellate argument.
83(x). Other appellate rules.
83(y). Listening to or copying recording tapes.
83(z). [Judgment entered on appeal.]
84. Judicial Review of Agency Actions by the District Court. (see 84(a) - 84(t) below)
84(a). Judicial review of state agency and local government actions.
84(b). Filing petition for judicial review.
84(c). Cross-petitions for judicial review.
84(d). Petition for judicial review - Contents.
84(e). Method and scope of review.
84(f). Payment of fee - preparation of record.
84(g). Payment of fee - Preparation of transcript.
84(h). Joint use of transcripts.
84(i). Form of transcript.
84(j). Settlement of transcript and record.
84(k). Lodging of transcript and record.
84(l).Augmentation of record - Additional evidence presented to the district court - Remand to agency to take additional evidence.
84(m). Stay during consideration of petition for judicial review - Power of agency.
84(n). Effect of failure to comply with time limits.
84(p). Briefs and memoranda.
84(q). Oral argument.
84(r). Other procedural rules.
84(s). Listening to, watching or copying recording tapes.
84(t). Finality of Judgments or Decisions and Remittiturs.
85. Small Lawsuit Resolution Act Procedures. (see 85(a) - 85(m) below)
85(a). Application of rule.
85(b). Computation of amount of claim.
85(c). Notice of initiation of Act.
85(d). Selection of Senior or Retired Judge by the Parties.
85(e). Appointment of Senior Judges as Evaluators.
85(f). List of Evaluators.
85(g). Registration of Private Civil Litigation Evaluators.
85(h). Compensation of evaluator.
85(i). Authority of evaluator.
85(l). Notice of request for trial de novo.
85(m). Statistical Information.
86. Effective date.