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Idaho Rules of Family Law Procedure Rule 206. General or Special Appearance.

A. General appearance.  The voluntary appearance of a party or service of any pleading by the party, except as provided in subsection B hereof, constitutes voluntary submission to the personal jurisdiction of the court.

 

B. Motion or special appearance to contest personal jurisdiction.  A motion under Rule 502. A.2, 4 or 5 whether raised before or after judgment, a motion under Rule 107 or 108, or a motion for an extension of time to respond or otherwise appear does not constitute a voluntary appearance by the party under this rule.  The joinder of other defenses in a motion under Rule 502. A.2, 4 or 5 does not constitute a voluntary appearance by the party under this rule.  After a party files a motion under Rule 502. A.2, 4 or 5, action taken by that party in responding to discovery or to a motion filed by another party does not constitute a voluntary appearance.  If, after a motion under Rule 502. A.2, 4 or 5 is denied, the party pleads further and defends the action, such further appearance and defense of the action will not constitute a voluntary appearance under this rule.  The filing of a document entitled “special appearance,” which does not seek any relief but merely provides notice that the party is entering a special appearance to contest personal jurisdiction, does not constitute a voluntary appearance by the party under this rule if the party files a motion under Rule 502. A.2, 4 or 5 within fourteen (14) days after filing such document, or within such later time as the court permits.

 

*Pilot Project for Fourth Judicial District 
(Adopted November 20, 2012, effective January 1, 2013)

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