Idaho Rules of Civil Procedure (I.R.C.P.)
Idaho Court Rules Text Keyword SearchAppendix A - 2009 District Court Filing Fee Schedule - Adobe PDF
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4(a). Process - Summons - Issuance - Time limits.
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(e)(1). Summons - Other service.
4(e)(2). Service - Completion.
4(f). Territorial limits of effective service.
5(a). Service and filing of pleadings and other papers - Service - When required.
5(c). Service - Numerous defendants.
5(g). Service on attorney-legislator suspended during sessions - Emergency provisions.
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.
6(c)(4). Show cause hearings - Generally.
6(c)(5). Support hearings - Affidavit to accompany copy of decree.
6(c)(6). Child Support Guidelines. -- Word 97/2000 format
6(c)(7). Blood or other genetic tests in paternity actions.
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). Briefs and arguments on motions.
7(b)(4). Hearings by telephone conference or video teleconference.
7(c). Demurrers, pleas and exceptions abolished.
8(a)(1). General rules of pleading - Claims for relief.
8(b). Defenses - Form of denials.
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(d). Official document or act.
9(j). Description of real property.
10(a)(1). Form of pleadings - Caption - Name of parties.
10(a)(3). Language, abbreviation and numbers.
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.
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(e). Motion for more definite statement.
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(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). Scheduling and planning.
16(c). Subjects to be discussed at pre-trial conferences.
16(d). Final pre-trial procedure - Formulating issues.
16(g). Objections to pre-trial order.
16(h). Exhibits and witnesses.
16(j). Mediation of child custody and visitation disputes.
16(k). Mediation of civil lawsuits.
16(l). Appointment of Parenting Coordinator in Child Custody and Visitation Disputes.
16(m). Alternative Dispute Resolution Screening.
16(n). Registration of private civil litigation evaluators.
16(o). Supervised access to children.
16(p). Informal Custody Trial.
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(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.
20(a). Permissive joinder of parties - Permissive joinder.
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(b). Permissive intervention.
25(a)(1). Substitution of parties - Death.
25(a)(2). Death of coparty - Effect.
25(d). Public officers - Death or separation from office.
25(e). Substitution at any stage.
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(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)(3). Order and examination.
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). Depositions to be used in other states.
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)(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)(5). Exhibits to depositions.
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(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(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(c). Non-filing of requests for admission and responses thereto.
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(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.
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.
43(b)(1). Direct and cross-examination.
43(b)(2)- (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(f). View of premises, property or things.
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(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.
47(a). Selection of master jury list and master jury wheel.
47(b). Selection of jury panel.
47(g). Selecting initial jury.
47(i). Voir dire examination of jurors - Challenges - Struck jury.
47(j). Peremptory challenges - Number.
47(k). Exercise of peremptory challenges.
47(n). Separation of jury - Admonition by court.
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.
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(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(d)(1). Costs - Items allowed.
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)(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
54(e)(8). Claims to which rule applies.
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.
58(b). Satisfaction of judgment.
59(a). New trial - Amendment of judgment - Grounds.
59(b). Time for motion for new trial.
59(c). 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.
60(c). Proceedings to modify child custody and child support orders.
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(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.
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.
65(g). Divorce and related proceedings - Bond or notice discretionary in prohibitive or mandatory
66(a). Justification of sureties on bond.
66(b). Counsel not acceptable as surety.
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.
74(a). Mandate and prohibition.
77(a). Court in continuous session - Terms abolished.
77(c). Clerk's office and orders by clerk.
77(d). Notice of orders or judgments.
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(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(q). Attorney fees on appeal.
82(a). Jurisdiction and venue unaffected.
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(f). Notice of appeal - Contents.
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(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(y). Listening to or copying recording tapes.
83(z). [Judgment entered on appeal.]
84. Judicial Review of Agency Actions by the District Court.
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(j). Settlement of transcript and record.
84(k). Lodging of transcript and record.
84(m). Stay during consideration of petition for judicial review - Power of agency.
84(n). Effect of failure to comply with time limits.
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.
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