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Idaho Rules of Civil Procedure Rule 40(b). Request for Trial Setting.

In any action which is at issue, either party may request the court at any time to set the same for a pre-trial hearing or for trial, or the court on its own initiative may set such action for trial or pre-trial hearing. Such request shall be in such form and contain such information as prescribed by the administrative judge of the judicial district but shall include statements as to the nature of the case, whether a jury trial has been demanded, whether mediationwould be beneficial to the resolution of the dispute, and estimate of the time required for the trial, the name of the attorney who will appear at trial, and the dates on which the attorney would not be available for trial of the action. The request shall be served upon all parties to the action. Within five (5) days after service of such request, the attorneys of record of all other parties to a pending action shall file written responses containing all of the information required in the request for trial setting and serve copies thereof upon all other parties to the action. Upon receipt of the request and the responses thereto, or upon a failure to file the response as required by this rule, the court may set the action for pre-trial hearing or trial without waiting for the next calendar call date. 


(Amended March 24, 1982, effective July 1, 1982; amended June 12, 1996, effective July 1, 1996.)

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

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton

Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Sergio A. Gutierrez
Judge David W. Gratton
Judge Molly J. Huskey



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