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Idaho Rules for Small Claims Actions Rule 10. Dismissal for Lack of Service or Inactivity.

 

Dismissal pursuant to this rule is without prejudice. At least 14 days prior to dismissal, the clerk must give notice of the pending dismissal to all parties who have appeared.

 

(a)   For Lack of Service. If the summons has not been issued and served for a period of 30 days, the action may be dismissed. The court may reopen the case without additional filing fees if the request is made within six months from the date the original claim was filed and it appears that the defendant can be served.

 

(b)   For Inactivity. In the absence of a showing of good cause for retention, any action in which no action has been taken for a period of 6 months must be dismissed.

 

 

(Adopted March 1, 2016; effective July 1, 2016.)

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 Roger S. Burdick
Justice Robyn M. Brody
Justice G. Richard Bevan
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

 

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