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Idaho Rules of Family Law Procedure Rule 103. Definitions.

A. Parties.  Reference to a party to the action may include the State.

 

B. Definitions.  In these rules, unless the context otherwise requires, the following definitions shall apply:

1. I.C.A.R.  References herein to I.C.A.R. are the Idaho Court Administrative Rules.

2. Motion.  A motion is a written request made after a petition seeking relief is filed.  There shall be no procedure for Order to Show Cause.

3. Moving Party.  The party (movant or applicant) who has filed a written request for relief, regardless of whether or not that party was the petitioner or respondent in the initial petition.

4. Petition.  The petition is the initial pleading that commences a family law case or the initial pleading that commences a post-decree matter. All initial documents shall be denominated as a petition followed by brief descriptive wording summarizing the nature of the relief sought.

5. Petitioner.  A petitioner is a person or entity who files the first petition, and shall be referred to as such in all subsequent documents, including all post-decree petitions, motions and documents in the same case.

6. Respondent.  A respondent is any opposing party other than the petitioner.

7. Response.  A response is a document that substantially responds to a petition or a motion, and includes a response to a petition.

8. Service of Process.  Service of process is the act of delivering a petition, summons, motion, notice of hearing, affidavit, brief, or any of the other documents referred to in these rules.  

9. Title IV-D.  Title IV-D means Title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.  Title IV-D is administered in Idaho by the State Department of Health and Welfare.

10. Venue.  Refers to the particular county where a court with jurisdiction hears and determines the case.

11. Witness.  A witness is a person whose declaration under oath or affirmation is received as evidence for any purpose, whether such declaration is made on oral examination, by deposition or by affidavit.

 

*Pilot Project for Fourth Judicial District 
(Adopted November 20, 2012, effective January 1, 2013; Amended December 3, 2013, effective January 1, 2014.)

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