Main menu

Idaho Rules of Family Law Procedure Rule 122. Dismissal by Order of Court.

Except as provided in Rule 121, an action shall not be dismissed at the petitioner's instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a respondent prior to the service upon the respondent of the petitioner's motion to dismiss, the action shall not be dismissed against the respondent's objection unless the counterclaim can remain pending for dependent adjudication by the court. Unless otherwise specified in the order, a dismissal under this rule is without prejudice. 


(Adopted April 2, 2014, effective for early adopters July 1, 2014, effective statewide July 1, 2015.)

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 Roger S. Burdick
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller

Members of the
Idaho Court of Appeals

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



Promoting Openness In The Courts
Do you have suggestions about how we can better serve you?