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Idaho Rules of Family Law Procedure

The Idaho Rules of Family Law Procedure are effective statewide July 1, 2015, but any Judicial District may implement the rules sooner by order of the Administrative Judge. Below is a complete set of rules, forms, and links to each individual rule in a complete table of contents. 

 

Forms

  • •  Form 1 – Inventory of Property and Debts   Word  |   PDF 
  • •  Form 2 – Uniform Family Law Interrogatories   Word  |   PDF 
  • •  Form 3 – Affidavit Re: Motion for Temporary Orders   Word  |   PDF
  • •  Form 4 – Family Law Case Information Sheet   Word  |   PDF

 

Rules

I. General Administration

Rule 101. Scope of Rules

Rule 102. Applicability of Other Rules

Rule 103. Definitions

Rule 104. Time

Rule 105. Change of Venue

Rule 106. Consolidation

Rule 107. Disqualification of Judge Without Cause

Rule 108. Disqualification for Cause

Rule 109. Voluntary Disqualification

Rule 110. Disqualification and Assignment of New Judge

Rule 111. Change of Attorneys

Rule 112. Appearance and Withdrawal of Counsel

Rule 113. Capacity to Sue or Be Sued

Rule 114. Infants or Incompetent Persons

Rule 115. Public Access to Proceedings – Trials and Hearings

Rule 116. Oaths and Affirmations; Written Certification; Unsworn Foreign Declarations

Rule 117. Conduct of Proceedings

Rule 118. Telephonic Appearance

Rule 119. Participation of Children in Proceedings

Rule 120. Dismissal of Inactive Cases

Rule 121. Dismissal of Active Cases - Voluntary Dismissal - Effect Thereof – By Petitioner – By Stipulation

Rule 122. Dismissal by Order of Court

Rule 123. Involuntary Dismissal - Effect Thereof

Rule 124. Costs of Previously Dismissed Action

Rule 125. Withdrawal of Files

Rule 126. Idaho Child Support Guidelines

 

II. Pleadings

Rule 201. Commencement of Action

Rule 202. Real Party in Interest

Rule 203. Pleadings Allowed

Rule 204. Service on the Opposing Party or Additional Parties of Initial Pleadings

Rule 205. Mandatory Responsive Filings and Service of Responsive Filings

Rule 206. General or Special Appearance

Rule 207. Form of Pleading

Rule 208. General Rules of Pleading

Rule 209. Counterclaims and Cross-claims

Rule 210. Third party practice

Rule 211. Intervention

Rule 212. Signing of Pleadings, Motions, and Other Papers; Sanctions; Electronic Signatures

Rule 213. Verification

Rule 214. Amended and Supplemental Pleadings - Amendments

Rule 215. Amendments to Conform to the Evidence

Rule 216. Relation Back of Amendments

Rule 217. Supplemental Pleadings

Rule 218. Privacy Protection for Filings Made with the Court

 

III. Defaults

Rule 301. Default - Entry

Rule 302. Default proof - Time limitation

Rule 303. Actions at Issue - Not Default

Rule 304. Default Judgment by the Court or Clerk

Rule 305. Default Judgment by the Court - Persons Exempt From

Rule 306. Setting Aside Default Judgment

Rule 307. Petitioners, Counterclaimants, Cross-Claimants Covered by Default Judgment Rule

Rule 308. Judgment Against the State

 

IV. Disclosure and Discovery

Rule 401. Mandatory Disclosure in Contested Proceedings

Rule 402.  Additional Discovery

Rule 403. Trial Preparation - Materials

Rule 404. Trial Preparation - Experts

Rule 405. Experts Not Expected as Witnesses

Rule 406. Fees of Expert - Apportionment

Rule 407. Privileged Information Withheld

Rule 408. Privileged Information Produced

Rule 409. Protective Orders

Rule 410. Sequence and Timing of Discovery

Rule 411. Signing of Discovery Requests, Responses, and Objections

Rule 412. (Intentionally Left Blank)

Rule 413. Uniform and Non-Uniform Interrogatories; Limitations; Procedure

Rule 414. Scope - Use of Interrogatories at Trial or on Motions

Rule 415. Option to Produce Records

Rule 416. Production of Documents and Things; Entry On Land

Rule 417. (Intentionally Left Blank)

Rule 418. Persons not Parties

Rule 419. Notice of Filing and Notice of Compliance

Rule 420. Requests for Admission

Rule 421. Effect of Admission

Rule 422. Non-filing of Requests for Admission and Responses

Rule 423. Use of Admissions in Court

Rule 424. Subpoena for Taking Depositions - Place of Examination

Rule 425. Depositions - Attendance Where Required

Rule 426. Depositions Before Action

Rule 427. Depositions Pending Appeal

Rule 428. Perpetuation by Action

Rule 429. Persons Before Whom Depositions May Be Taken

Rule 430. Depositions Upon Oral Examination

Rule 431. Submission to Witness - Changes - Signing

Rule 432. Certification by Officer and Non-filing - Exhibits

Rule 433. (Intentionally Left Blank)

Rule 434. Notice of Preparation of Transcript; Filing Notice of Mailing

Rule 435. Use of Deposition

Rule 436. Exhibits to Depositions

Rule 437. Failure to Attend

Rule 438. Expenses

Rule 439. Use of Depositions

Rule 440. Objections to Admissibility

Rule 441. Effect of Errors and Irregularities in Depositions

Rule 442. Physical, Mental and Vocational Evaluations of Persons

Rule 443. Sanctions for Violation of Orders - Motion for Order Compelling Discovery

Rule 444. Failure to Comply With Discovery Order - Sanctions

Rule 445. Expenses on Failure to Admit

Rule 446. Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection

Rule 447. General Sanctions - Failure to Comply With Any Order

Rule 448. Expenses Against State of Idaho

 

V. Motions and Injunctions.

Rule 501. Motion Practice

Rule 502. Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on Pleadings – When Presented

Rule 503. Successive Applications for Orders or Writs - Motions for Reconsideration

Rule 504. Motions for Temporary Orders – Mandatory Disclosure

Rule 505. Summary Judgment

Rule 506. Declaratory Judgments

Rule 507. Injunctions - Preliminary Injunction

Rule 508. Temporary Restraining Order - Notice - Hearing - Duration

Rule 509. Form and Scope of Injunction or Restraining Order

Rule 510. Grounds for Preliminary Injunction

Rule 511. Bond or Notice Discretionary in Prohibitive or Mandatory Orders

Rule 512. Security Given With Injunction or Restraining Order

Rule 513. Evidence on Motions

 

VI. Alternative Dispute Resolution

Rule 601. Alternative Dispute Resolution Screening

Rule 602. Mediation of Child Custody and Visitation Disputes

Rule 603. Mediation of Other Matters

 

VII. Pre-Trial and Trial Procedure

Rule 701. Scheduling and Planning Conferences – Objectives

Rule 702. Scheduling and Planning Order

Rule 703. Subjects to be Discussed at Scheduling and Planning Conferences

Rule 704. Final Pre-trial Procedure - Formulating Issues

Rule 705. Pre-trial Stipulation

Rule 706. Pre-trial Order

Rule 707. Judicial Notice of Facts and Foreign Law

Rule 708. Objections to Pre-Trial Order

Rule 709. Exhibits and Witness Disclosure

Rule 710. Sanctions for Failure to Comply with Pre-trial Orders

Rule 711. Subpoenas

Rule 712. Evidence at Trial

Rule 713. Informal Trial

Rule 714. Separate trials

Rule 715. View of Premises, Property or Things

Rule 716. Appointment of Parenting Coordinator in Child Custody and Visitation Disputes

Rule 717. Supervised Access to Children

Rule 718. Masters

Rule 719. Parenting Time Evaluation

 

VIII. Judgments; Post-Decree/Post-Judgment Proceedings

Rule 801. Findings by the Court – Effect

Rule 802. Amendment of Findings of Court

Rule 803. Judgments - Definition - Form

Rule 804. Judgment Upon Multiple Claims or Involving Multiple Parties

Rule 805. Demand for Judgment

Rule 806. Satisfaction of Judgment

Rule 807. New Trial - Amendment of Judgment

Rule 808. Relief From Judgment or Order - Clerical Mistakes

Rule 809. Mistake, Inadvertence, Excusable Neglect, Newly Discovered Evidence, Fraud, Grounds for Relief From Judgment or Order

Rule 810. Harmless Error

Rule 811. Stay of Proceedings to Enforce a Judgment – Stay Upon Entry of Judgment

Rule 812. Stay on Motion For New Trial or For Judgment

Rule 813. Injunction – Writ of Mandate Pending Appeal

Rule 814.  Stay Upon Appeal.

Rule 815. Stay in Favor of the State, Subdivision, or Agency Thereof – Waiver

Rule 816. Powers of Supreme Court and District Court not Limited

Rule 817. Stay of Judgment Upon Multiple Claims

Rule 818. Disability of a Judge

Rule 819.  (Intentionally Left Blank)

Rule 820.  Execution – In General

Rule 821. Judgment for Specific Acts – Vesting Title

Rule 822. Contempt.

Rule 823. Appeals of Family Law Cases

 

IX. Attorney Fees and Costs

Rule 901. Costs - Items Allowed

Rule 902. Multiple Parties

Rule 903. Costs on Postponement

Rule 904. Nonresident Cost Bond Prohibited

Rule 905. Memorandum of Costs

Rule 906. Objections to Costs

Rule 907. Settlement of Costs by Order of Court

Rule 908. Attorney Fees

Rule 909. Findings

Rule 910. Amount of Attorney Fees

 

X. Other Family Law Services and Resources

Rule 1001. Other Family Law Services and Resources

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

 

Members of the
Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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