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Idaho Rules of Family Law Procedure

The Idaho Rules of Family Law Procedure are effective statewide July 1, 2021. Below is a complete set of rules, forms, and links to each individual rule in a complete table of contents. 

 

Cross Reference Tables (effective 07/01/2021)

• New Idaho Rules of Family Law Procedure to Former Idaho Rules of Family Law Procedure
• Idaho Rules of Civil Procedure to New Idaho Rules of Family Law Procedure

 

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
  • •  Form 5 – Affidavit Verifying Income  Word  |   PDF
  • •  Form 6 – Standard Child Support Worksheet   Word  |   PDF
  • •  Form 7 – Shared, Split, Or Mixed Custody Worksheet   Word  |   PDF

         Basic Monthly Child Support Guidelines Schedule

 

Rules

I. General Administration

Rule 101. Scope of the Rules

Rule 102. Applicability of Other Rules

Rule 103. Definitions

Rule 104. Computing Time

Rule 105. Change of Venue

Rule 106. Coordination of Related Family Cases

Rule 107. (Intentionally Left Blank).

Rule 108. Joint Hearings and Consolidation

Rule 109. Disqualification

Rule 110. Substitution of Attorney

Rule 111. Withdrawal of Attorney

Rule 112. Capacity

Rule 113. Access to Proceedings

Rule 114. Oaths and Affirmations; Written Certification; and Unsworn Foreign Declarations

Rule 115. Conduct of Proceedings

Rule 116. Hearings by Telephone or Video Teleconference

Rule 117. (Intentionally Left Blank)

Rule 118. Participation of a Child in Proceedings.

Rule 119. Dismissal of Actions

Rule 120. Child Support Guidelines (Presented in a separate document as reworked by the Child Support Guidelines Committee)

Rule 121. Reclaiming Exhibits, Documents or Property

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. Summons

Rule 205. Serving and Filing of Pleadings and Other Papers

Rule 206. Time to Serve Responsive Pleading; Defenses and Objections; Motion for Judgment on the Pleadings; Joining Motions; Waiving Defenses

Rule 207. General, Special, or Limited Pro Bono Appearance

Rule 208. Form of Documents and Pleadings

Rule 209. General Rules of Pleading

Rule 210. Counterclaims and Cross-claims

Rule 211. Third-Party Practice

Rule 212. Intervention

Rule 213. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

Rule 214. Verification

Rule 215. Amended Pleadings

Rule 216. Relation Back of Amendments

Rule 217. Supplemental Pleadings

Rule 218. Privacy Protection for Filings Made with the Court

Rule 219. Contact Information

Rule 220. Attorney Appearance in Civil Protection Order Actions

Rule 221. Lost Papers

 

III.Defaults

Rule 301. Entering a Default

Rule 302. Entering a Default Judgment

Rule 303. Setting Aside Default or Default Judgment

 

IV.Disclosure and Discovery

Rule 401. Mandatory Disclosure in Contested Proceedings

Rule 402. Additional Discovery

Rule 403. (Intentionally Left Blank)

Rule 404. Protective Order

Rule 405. Interrogatories

Rule 406. Production of Documents, Electronically Stored Information, and Tangible Things; Entering onto Land for Inspection and Other Purposes.

Rule 407. Nonparties

Rule 408. Requests for Admission

Rule 409. Subpoenas

Rule 410. Depositions to Perpetuate Testimony

Rule 411. Persons Before Whom Depositions May Be Taken

Rule 412. Depositions on Oral Examination

Rule 413. Audio-Visual Recording of Deposition

Rule 414. (Intentionally Left Blank)

Rule 415. Using Depositions in Court Proceedings

Rule 416. Physical, Mental and Vocational Evaluations of Persons

Rule 417. Sanctions for Violation of Mandatory Disclosures and Orders; Motion for Order Compelling Discovery

Rule 418. Expenses Against State of Idaho

 

V.Motions and Injunctions.

Rule 501. Motion Practice

Rule 502. Evidence on Motions

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

Rule 504. Motion for Temporary Orders

Rule 505. Temporary Order Issued Without Notice

Rule 506. Injunctions and Restraining Orders

Rule 507. Summary Judgment

Rule 508. Declaratory Judgments

Rule 509. Prohibitive or Mandatory Orders

 

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. Purposes, Matters for Consideration, and Sanctions at any Scheduling, Status, or Pretrial Conference

Rule 702. Scheduling, Status, or Pretrial Conference.

Rule 703. Final Pretrial Procedure; Formulating Issues

Rule 704. Pretrial Memorandum or Pretrial Stipulation

Rule 705. Judicial Notice of Facts and Foreign Law

Rule 706. Taking Testimony

Rule 707. Informal Trial

Rule 708. Separate Trials

 

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

Rule 801. Findings and Conclusions by the Court

Rule 802. Judgments

Rule 803. Satisfaction of Judgment

Rule 804. New Trial; Amendment of Judgment

Rule 805. Relief from Judgment or Order.

Rule 806. Harmless Error

Rule 807. Stay of Proceedings to Enforce a Judgment

Rule 808. Judge’s Inability to Proceed

Rule 809. Notice of Orders or Judgments

Rule 810. Execution of Judgment

Rule 811. Judgment for Specific Acts; Vesting Title

Rule 812. Contempt

Rule 813. Appeals of Family Law Cases

 

IX.Attorney Fees and Costs

Rule 901. Costs

Rule 902. Attorney Fees

 

X.Other Resources

Rule 1001. Other Family Law Services; Assessments, Evaluations, and Resources

Rule 1002. Appointment of Parenting Coordinator in Child Custody and Visitation Disputes

Rule 1003. Supervised Access to Child

Rule 1004. Parenting Time Evaluation

Rule 1005. Brief Focused Assessments

Rule 1006. Masters

Rule 1007. Receiver

 

Appendix A

Summons PDF / Word

Summons - Publication PDF / Word

 

Appendix B

Rule 409. Subpoena

 

Appendix C

Rule 802(b) CERTIFICATE

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 G Richard Bevan
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller
Justice Colleen D. Zahn



Members of the
Idaho Court of Appeals

Chief Judge Molly J Huskey
Judge David W. Gratton
Judge Jessica M. Lorello
Judge Amanda K. Brailsford

 

TERMS OF OFFICE


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