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Idaho Rules of Civil Procedure Rule 3(a). Commencement of Action.

(1) A civil action is commenced by the filing of complaint, petition or application, and any party filing with the court. Any filing party shall be designated as the plaintiff or petitioner, and any party against whom the same is filed shall be designated as the defendant or respondent.  Complaints, petitions or applications shall be filed with a completed Supreme Court approved case information sheet in the following civil cases: including divorce, custody, paternity, modification, guardianship, conservatorship, adoption, termination of parental rights, protection orders, involuntary commitment, and child protection act.  This case information sheet shall be exempt from disclosure according to I.C.A.R. 32.  No claim,  controversy or dispute, may be submitted to any court in the state for determination or judgment without filing a complaint or petition or application as provided in these rules; nor shall any judgment or decree be entered by any court without service of process upon all parties affected by such judgment or decree in the manner prescribed by these rules.

 

(2) Commencement of a protection order proceeding. An action for a domestic violence protection order may not be filed unless accompanied by information in whatever form required by the court to allow entry of the protection order into the Idaho Law Enforcement Telecommunications System (to be transferred by the court to the appropriate law enforcement agency with any signed order). A copy of this sheet shall not be maintained in the court file.  Such action may be commenced or defended on behalf of a minor as set forth in I.R.C.P. 17(c). 

 

(Amended March 17, 2006, effective July 1, 2006; amended November 25, 2013, effective January 1, 2014.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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