STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Rules of Family Law Procedure Rule 502. Evidence on Motions.

(a) When a motion is based on facts not appearing of record the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions.

(b) Hearing on a Motion for Temporary Order. A motion for temporary order will be heard and decided exclusively on the motion and affidavits unless, at the hearing on the motion for temporary orders, the court determines that the parties should be allowed to present evidence. In such case, the court will schedule an evidentiary hearing within a reasonable time.

(c) Hearings on an Order Issued Without Notice. For a hearing on an order issued without notice, any party may elect to produce testimony and evidence at any hearing, or to cross-examine the adverse party or the party’s affiants, by first giving notice of at least 24 hours to the court and opposing attorney before the hearing, which requirement will be stated in the body of the notice. If such notice is timely given it will not be necessary to subpoena the adverse party or the party’s affiants and the adverse party will appear with the party’s designated affiants without further notice unless otherwise ordered by the court. If the adverse party and the adverse party’s affiants designated in the notice are not excused by the court and do not appear as requested, the court may impose such sanctions as it deems appropriate including attorney fees for the requesting party. The hearing, notice and expiration periods set forth in Rule 505, 506 and 508 apply to any order issued without notice under this rule.

(Adopted March 29, 2021, effective July 1, 2021.)