Idaho Rules of Civil Procedure (I.R.C.P.)
Note: The I.R.C.P. rules were rescinded by Court Order and replaced entirely with the rules listed below, effective July, 1, 2016.
> Current Rule on Electronic Filing and Service*
*Applicable in: Ada County and Twin Falls County. This rule is not applicable to filings made in the Snake River Basin Adjudication (SRBA) court.
Cross-Reference Table – New to Old | Cross-Reference Table – Old to New
Appendix A: Fee Schedule | Appendix B: Forms
Title I - General Administration
Rule 1. Scope of Rules; District Court Rules
(a) Title.
(b) Scope of Rules.
(c) District Court Rules.
Rule 1.1. Jurisdiction and Venue Unaffected
Rule 1.2. Jurisdictional Amounts for Assignment to Magistrates; Counterclaims and Cross-Claims
(a) Determining Jurisdictional Amount.
(b) Counterclaim or Cross-Claim Exceeding Magistrate Jurisdiction.
Rule 1.3. Objection to Assignment to Magistrates
Rule 2. Form of Documents; Caption; Name of Parties; Language; Abbreviation; and Numbers
(a) Form, Caption and Name – Generally.
(b) Language of Pleadings.
(c) Abbreviations and Numbers.
Rule 2.1. Electronic Signatures
Rule 2.2. Computing and Extending Time
(a) Computing Time.
(b) Extending Time.
(c) Additional Time After Service by Mail.
Rule 2.3. Serving Notice of an Order or Judgment
(a) Proposed Order or Judgment.
(b) Service of Entered Order or Judgment.
(c) Time to Appeal Not Affected by Lack of Notice.
Rule 2.4. Setting Hearings by Court
Rule 2.5. Stipulations Not Binding on Court – Continuance of Trial or Hearing
Rule 2.6. Privacy Protection for Filings Made with the Court
(a) Redacted Filings.
(b) Social Security Numbers.
(c) Names of Minor Children.
(d) Dates of Birth.
(e) Financial Account Numbers.
(f) Exceptions.
(g) Options When Personal Data Identifiers are Necessary.
(h) Orders and Judgments of the Court.
(i) Responsibility for Compliance.
Rule 2.8. Unsworn Foreign Declarations
(a) Definitions.
(b) Applicability.
(c) Validity of Unsworn Declaration.
(d) Required Medium.
(e) Form of Unsworn Declaration.
(f) Uniformity of Application and Construction.
(g) Relation to Electronic Signatures in Global and National Commerce Act.
Rule 2.10. Reclaiming Exhibits, Documents or Property
Title II – Commencement of Action; Service
Rule 3. Commencement of Action
(a) Form of Action.
(b) Filing of Action.
(c) Designation of Parties.
(d) Case Information Sheet.
(a) Contents; Amendments.
(b) Issuance; Time for Service.
(c) Service.
(d) Upon Whom Served.
(e) Summons – Other Service.
(f) Territorial Limits of Effective Service.
(g) Proving Service.
Rule 4.1. General or Special Appearance
(a) General Appearance.
(b) Motion or Special Appearance to Contest Personal Jurisdiction.
Rule 5. Serving and Filing Pleadings and Other Papers
(a) Service: When Required.
(b) Service: How Made.
(c) Serving Numerous Defendants.
(d) Filing.
(e) Proof of Service.
Rule 5.1. Attorney Legislators
(a) Appearance in Court Not Required.
(b) Extension of Time for Filing; Statute of Limitation Not Tolled.
(c) Emergency Provisions.
Rule 6. [Reserved]
Title III - Pleadings; Motions; Scheduling
Rule 7. Pleadings Allowed; Form of Motions and Other Papers
(a) Pleadings.
(b) Motions and Other Papers.
Rule 7.1. Evidence on a Motion
Rule 7.2. Hearings by Telephone or Video Teleconference
(a) Hearings Allowed.
(b) Minutes; Recording; Costs.
Rule 7.3. Video Teleconferencing for Mental Commitment Hearings
(a) Video Teleconferencing Allowed.
(b) Recording; Minutes.
Rule 8. General Rules of Pleading
(a) Claim for Relief.
(b) Defenses; Admissions and Denials.
(c) Affirmative Defenses.
(d) Pleadings to be Concise and Direct; Alternative Statements; Inconsistency.
(e) Construing Pleadings.
Rule 9. Pleading Special Matters
(a) Capacity or Authority to Sue; Legal Existence.
(b) Fraud or Mistake; Conditions of Mind; Violation of Rights.
(c) Conditions Precedent.
(d) Official Document or Act.
(e) Judgment.
(f) Time and Place.
(g) Damages.
(h) Limitations.
(i) Libel and Slander.
(j) Description of Real Property.
(a) Designation of Pleading.
(b) Paragraphs; Separate Statements.
(c) Adoption by Reference; Exhibits.
(d) Unknown Party.
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
(a) Signature.
(b) Representations to the Court.
(c) Sanctions.
(d) Inapplicability to Discovery.
Rule 11.2. Successive Applications for Orders or Writs; Motions for Reconsideration
(a) Successive Applications.
(b) Motion for Reconsideration.
Rule 11.3. Substitution and Withdrawal of Attorneys
(a) Substitution of Attorney.
(b) Withdrawal of Attorney.
(c) Service; Content of Order; Stay of Action; Dismissal or Default Judgment.
(d) Withdrawal Upon Death, Disbarment or Other Conditions.
Rule 11.4. Limited Pro Bono Appearance
(a) In General.
(b) Limited Authority.
(a) Time to Serve a Responsive Pleading.
(b) How to Present Defenses.
(c) Motion for Judgment on the Pleadings.
(d) Result of Presenting Matters Outside the Pleadings.
(e) Motion for a More Definite Statement.
(f) Motion to Strike.
(g) Joining Motions.
(h) Waiving and Preserving Certain Defenses.
(i) Hearing Before Trial.
Rule 13. Counterclaims and Crossclaims
(a) Compulsory Counterclaim.
(b) Permissive Counterclaim.
(c) Relief Sought in a Counterclaim.
(d) Counterclaim Against Government Entities.
(e) Counterclaim Maturing or Acquired After Pleading.
(f) Reserved.
(g) Crossclaim Against a Coparty.
(h) Joining Additional Parties.
(i) Separate Trials; Separate Judgments.
(a) When a Defending Party May Bring in a Third Party.
(b) When a Plaintiff May Bring in a Third Party.
Rule 15. Amended and Supplemental Pleadings
(a) Amendments Before Trial.
(b) Amendments During and After Trial.
(c) Relation Back of Amendments.
(d) Supplemental Pleadings.
Rule 16. Pretrial Conferences; Scheduling; Management
(a) Scheduling Conferences and Orders.
(b) Request for Trial Setting by a Party.
(c) Final Pretrial Conference and Order.
(d) Exhibits and Witnesses.
(e) Sanctions.
Title IV - Parties
Rule 17. Plaintiff and Defendant; Capacity
(a) Real Party in Interest.
(b) Capacity to Sue or be Sued.
(c) Minor or Incompetent Person.
(d) Unknown Owners or Heirs as Parties.
(a) In General.
(b) Joinder of Contingent Claims.
Rule 19. Required Joinder of Parties
(a) Persons Required to be Joined if Feasible.
(b) When Joinder is Not Feasible.
(c) Pleading Reasons for Nonjoinder.
(d) Exception for Class Actions.
Rule 19.1. Motor Vehicle Operator
Rule 20. Permissive Joinder of Parties
(a) Persons Who May Join or be Joined.
(b) Protective Measures.
Rule 21. Misjoinder and Nonjoinder of Parties
(a) Grounds.
(b) Relation to Other Rules.
Rule 23. Reserved
(a) Intervention of Right.
(b) Permissive Intervention.
(c) Notice and Pleading Required.
Rule 25. Substitution of Parties
(a) Death.
(b) Incompetency.
(c) Transfer of Interest.
(d) Public Officers; Death or Separation from Office.
(e) Substitution at Any Stage.
Title V - Discovery
Rule 26. General Provisions Governing Discovery
(a) Discovery Methods.
(b) Discovery Scope and Limits.
(c) Protective Orders.
(d) Sequence of Discovery.
(e) Supplementing Responses.
(f) Signing Discovery Requests, Responses and Objections.
Rule 27. Depositions to Perpetuate Testimony
(a) Before an Action is Filed.
(b) Pending Appeal.
(c) Perpetuation by an Action.
Rule 28. Persons Before Whom Depositions May Be Taken
(a) Within the United States.
(b) In a Foreign Country.
(c) Of Members of the Armed Forces.
(d) Disqualification.
Rule 29. Stipulations About Discovery Procedure
Rule 30. Depositions by Oral Examination
(a) When a Deposition May Be Taken.
(b) Notice of the Deposition; Other Formal Requirements.
(c) Examination and Cross-Examination; Record of the Examination; Objections; Written Questions.
(d) Objections; Conduct; Sanction; Motion to Terminate or Limit Examination.
(e) Review by the Witness; Changes.
(f) Certification and Delivery; Exhibits; Copies of the Transcript or Recording; Notice of Completion; Inspection and Use.
(g) Failure to Attend a Deposition or Serve a Subpoena; Expenses.
Rule 30.1. Audio-Visual Recording of Depositions
(a) In General.
(b) Official Record.
(c) Transcript.
(d) Use of Audio-Visual Deposition.
(e) Notice of Audio-Visual Deposition.
(f) Procedure for Taking.
(g) Costs.
Rule 31. Depositions by Written Questions
(a) When a Deposition May Be Taken.
(b) Delivery to the Officer; Officer's Duties.
(c) Notice of Completion.
(d) Protective Orders.
Rule 32. Using Depositions in Court Proceedings
(a) Using Depositions.
(b) Objections to Admissibility.
(c) Reserved.
(d) Waiver of Objections.
Rule 33. Interrogatories to Parties
(a) In General.
(b) Answers and Objections.
(c) Use.
(d) Option to Produce Business Records.
(e) Non-Filing; Notice of Serving.
(a) In General.
(b) Procedure.
(c) Nonparties.
(d) Non-Filing; Notice of Serving.
Rule 35. Physical and Mental Examinations
(a) Order for an Examination.
(b) Examiner's Report.
Rule 36. Requests for Admission
(a) Scope and Procedure.
(b) Effect of an Admission; Withdrawing or Amending It.
(c) Documents Attached to Pleadings.
(d) Use of Admissions with the Court.
(e) Non-Filing; Notice of Serving.
Rule 37. Failure to Cooperate in Discovery; Sanctions
(a) Motion for an Order Compelling Disclosure or Discovery.
(b) Failure to Comply with a Court Order.
(c) Failure to Disclose, to Supplement an Earlier Response, or to Admit.
(d) Party's Failure to Attend Its Own Deposition, Serve Answers to Interrogatories, or Respond to a Request for Production or for Inspection.
(e) Failure to Provide Electronically Stored Information.
(f) General Sanctions; Catch-All.
Title VI - Alternative Dispute Resolution and Trial
Rule 37.1. Mediation of Civil Lawsuits
(a) Definition of Mediation.
(b) Matters Subject to Mediation.
(c) Authority of the Courts.
(d) Referral to Mediation.
(e) Selection of the Mediator.
(f) Scheduling of First Mediation Session.
(g) Reports.
(h) Compensation of Mediators.
(i) Impartiality.
(j) Attendance at Mediation.
(k) Confidentiality.
(l) Sanctions.
(a) Right to Jury Preserved.
(b) Demand for Jury.
(c) Specifying Issues.
(d) Waiver; Withdrawal.
Rule 39. Trial by Jury or by the Court
(a) When a Demand is Made.
(b) When No Demand is Made.
(c) Advisory Jury; Jury Trial by Consent.
(a) Disqualification Without Cause.
(b) Disqualification for Cause.
(c) Voluntary Disqualification.
(d) Disqualification and Assignment of New Judge.
(a) Motion for Change of Venue.
(b) Change of Venue in Same Judicial District.
(c) Change of Venue to a Different Judicial District.
(d) Disqualification of Judge on Change of Venue.
(a) Voluntary Dismissal.
(b) Involuntary Dismissal; Effect.
(c) Dismissing a Counterclaim, Crossclaim, or Third-Party Claim.
(d) Costs of a Previously Dismissed Action.
(e) Dismissal of Inactive Cases.
Rule 42. Consolidation; Separate Trials
(a) Consolidation.
(b) Separate Trials.
Rule 42.1. Trials and Hearings in Open Court; Where Held
(a) Trials in Open Court; In Regular Courtroom.
(b) Hearings Outside the County.
(a) In Open Court.
(b) Affirmation Instead of an Oath.
(c) Interpreter.
(d) Direct and Cross-Examination.
(e) Reexamination and Recalling of Witnesses.
(f) View of Premises, Property or Things.
(g) Inspection of Writings.
Rule 44. Judicial Notice of Facts and Foreign Law
(a) In General.
(b) Adjudicative Fact.
(c) Foreign Law.
(a) In General.
(b) Service.
(c) Subpoena for Production or Inspection of Premises.
(d) Relief from Subpoena.
(e) Duties in Responding to a Subpoena.
(f) Subpoena for Deposition.
(g) Subpoena for Hearing or Trial.
(h) Witness Fees.
(i) Failure to Obey Subpoena.
(j) Interstate Depositions and Discovery.
Rule 46. Objecting to a Ruling or Order
(a) Use of Juror Questionnaires.
(b) Jury Roll Call Procedure.
(c) Oath to Panel.
(d) Initial Jury Selection.
(e) Opening Statements.
(f) Voir Dire.
(g) Use of Struck Jury.
(h) Challenges for Cause.
(i) Peremptory Challenges.
(j) Additional Jurors.
(k) Managing Jurors in Trial.
(l) Number of Jurors; Majority Verdict.
(m) Polling the Jury after Verdict.
(a) Special Verdict.
(b) General Verdict with Answers to Written Questions.
Rule 50. Dispositive Trial Motions
(a) Motion for Directed Verdict.
(b) Motion for Judgment Notwithstanding the Verdict.
(a) Pre-trial Conference.
(b) Consequences of Not Filing Requests.
(c) Instructions Proposed by the Court.
(d) How Instructions are Submitted.
(e) Ruling on Proposed Instructions.
(f) Record of Objections.
(g) Use of Idaho Jury Instructions.
(h) Preliminary Instructions.
(i) Procedure with the Jury.
Rule 52. Findings and Conclusions by the Court
(a) In General.
(b) Amended or Additional Findings.
(c) Assignment of Error.
(a) Appointment.
(b) Appointment is an Exception.
(c) Compensation.
(d) Disqualification of a Master.
(e) Authority and Duties of a Master.
(f) Meetings of Master.
(g) Witnesses.
(h) Statement of Accounts.
(i) Master’s Report.
(j) Master’s Findings in Actions Without a Jury.
(k) Master’s Finding in Jury Actions.
(l) Stipulations as to Findings of Master.
(m) Draft Report.
Title VII - Judgment
(a) Definition – Form – Amendments.
(b) Partial Judgment Upon Multiple Claims or Involving Multiple Parties.
(c) Demand for Judgment; Relief to be Granted.
(d) Costs.
(e) Attorney Fees.
Rule 55. Default; Default Judgment
(a) Entering a Default.
(b) Entering a Default Judgment.
(c) Setting Aside Default or Default Judgment.
(d) Default Judgment Against the State.
(a) Motion for Summary Judgment or Partial Summary Judgment.
(b) Time.
(c) Procedures.
(d) When Facts are Unavailable to the Nonmovant.
(e) Failing to Properly Support or Address a Fact.
(f) Failing to Grant all the Requested Relief.
(g) Affidavit or Declaration Submitted in Bad Faith.
Rule 57. Declaratory Judgments
(a) In General.
(b) Coverage Under Insurance Policy.
Rule 58.1. Satisfaction of Judgment
(a) Required on Full Payment.
(b) Signature Required.
Rule 58.2. Certificate of Adoption
Title VIII - Post-Judgment Procedure
Rule 59. New Trial; Altering or Amending a Judgment
(a) In General.
(b) Time to File a Motion for a New Trial.
(c) Time to Serve Affidavits.
(d) New Trial on the Court’s Initiative or for Reasons Not in the Motion.
(e) Motion to Alter or Amend a Judgment.
Rule 59.1. Additurs or Remittiturs Instead of New Trial
(a) Acceptance or Rejection.
(b) Effect of Appeal.
Rule 60. Relief From a Judgment or Order.
(a) Corrections Based on Clerical Mistakes; Oversights and Omissions.
(b) Grounds for Relief from a Final Judgment, Order, or Proceeding.
(c) Timing and Effect of the Motion.
(d) Other Powers to Grant Relief.
Rule 62. Stay of Proceedings to Enforce a Judgment
(a) No Automatic Stay on Entry of Judgment.
(b) Stay Pending the Disposition of a Motion.
(c) Injunction or Writ of Mandate Pending an Appeal.
(d) Stay Upon Appeal.
(e) Stay in Favor of the State, Subdivision, or Agency Thereof; Waiver.
(f) Waiver of Security.
(g) Appellate Court’s Power not Limited.
(h) Stay with Multiple Claims or Parties.
Rule 63. Judge’s Inability to Proceed
Title IX - Provisional and Final Remedies
Rule 64. Seizing a Person or Property
Rule 65. Injunctions and Restraining Orders
(a) Preliminary Injunction.
(b) Temporary Restraining Order.
(c) Security.
(d) Contents and Scope of Every Injunction and Restraining Order.
(e) Grounds for Preliminary Injunction.
(f) Restoring Possession of Real Property.
(g) Employer and Employee Actions Exempt.
(a) Form of Bond and Justification of Sureties.
(b) Attorney Not Acceptable as Surety.
(c) Proceedings Against a Surety.
(a) Depositing Money or Property.
(b) Motion for Deposit.
(c) Depositing and Withdrawing.
(a) Making an Offer; Judgment on an Accepted Offer.
(b) Unaccepted Offer.
(c) Offer After Liability is Determined.
(d) Paying Costs After an Unaccepted Offer.
(a) In General.
(b) Procedure on Execution.
(c) Obtaining Discovery.
Rule 70. Enforcing a Judgment for a Specific Act
(a) Party’s Failure to Act; Ordering Another to Act.
(b) Vesting Title.
(c) Obtaining a Writ of Attachment or Sequestration.
(d) Obtaining a Writ of Execution or Assistant.
(e) Motion for Contempt.
Rule 71. Enforcing Relief For or Against a Nonparty
(a) Procedure.
(b) Notice of Intent to Present Evidence and Duty to Produce Designated Person.
Rule 74. Actions for Writ of Mandate or Prohibition
(a) Definitions.
(b) Procedure.
Title X – Special Proceedings
(a) Definitions.
(b) Summary Proceedings.
(c) Nonsummary Proceedings; Commencement.
(d) Nonsummary Proceedings; Service; Time Limits.
(e) Nonsummary Proceedings; Warrant of Attachment and Bail.
(f) Nonsummary Proceedings; Initial Appearance of Respondent.
(g) Nonsummary Proceedings; Plea.
(h) Nonsummary Proceedings; Defenses to the Contempt.
(i) Nonsummary Proceedings; Trial.
(j) Nonsummary Proceedings; Burden of Proof.
(k) Nonsummary Proceedings; Findings of Fact.
(l) Nonsummary Proceedings; Imposition of Sanctions.
(m) Nonsummary Proceedings; Attorney Fees.
(n) Other Rules.
Rule 76. Small Lawsuit Resolution Act Procedure
(a) Application of Rule.
(b) Computation of Amount of Claim.
(c) Initiation of the Small Lawsuit Resolution Act Process.
(d) Objection to Use of the Small Lawsuit Resolution Process.
(e) Selection of Evaluator.
(f) Compensation of Evaluator.
(g) Authority of Evaluator.
(h) Impartiality. An evaluator has a duty to be impartial, and has a continuing duty to advise all parties of any circumstances bearing on possible bias, prejudice or partiality.
(i) Sanctions.
(j) Notice of Request for Trial de Novo.
(k) Statistical Information.
(a) Prerequisites to a Class Action.
(b) Types of Class Actions.
(c) Certification Order; Notice to Class Members; Judgment; Issues Classes; Subclasses.
(d) Conducting the Action.
(e) Settlement, Voluntary Dismissal, or Compromise.
(f) Reserved.
(g) Class Counsel.
(h) Attorney’s Fees and Nontaxable Costs.
(a) Prerequisites.
(b) Pleading Requirements.
(c) Settlement, Dismissal, and Compromise.
Rule 79. Action Relating to Unincorporated Associations
Rule 80. Reserved
Rule 81. Reserved
Rule 82. Reserved
Rule 83. Appeals From Decisions of Magistrates
(a) Where an Appeal Must be Taken.
(b) Time for Filing an Appeal or Cross Appeal.
(c) Service of the Notice of Appeal.
(d) Contents of the Notice of Appeal.
(e) Stay During Appeal--Powers of Magistrate.
(f) Manner of Review by District Court.
(g) Transcripts.
(h) Clerk's Record.
(i) Settlement of Transcript.
(j) Filing of Record and Transcript.
(k) Augmentation of the Record.
(l) Joint Use of Transcript.
(m) Effect of Failure to Comply With Time Limits.
(n) Motions.
(o) Appellate Briefs.
(p) Appellate Argument.
(q) Other Appellate Rules.
(r) Decision Entered on Appeal.
Rule 84. Judicial Review of Agency Actions by the District Court
(a) Judicial Review of State Agency and Local Government Actions.
(b) Filing a Petition or Cross-Petition.
(c) Petition for Judicial Review – Contents.
(d) Serving the Petition.
(e) Method and Scope of Review.
(f) Preparation of Record - Payment of Fee - Lodging of Record.
(g) Transcripts – Payment of Fee – Certification.
(h) Joint Use of Transcripts.
(i) Form of Transcript.
(j) Settlement of Transcript and Record.
(k) Filing of Settled Transcript and Record with the District Court.
(l) Augmentation of Record; Additional Evidence; Remand to Agency.
(m) Stay During Consideration of Petition for Judicial Review.
(n) Effect of Failure to Comply with Time Limits.
(o) Motions.
(p) Briefs and Memoranda.
(q) Oral Argument.
(r) Other Procedural Rules.
(s) Listening to, Watching or Copying Recording Tapes.
(t) Finality of Judgments or Decisions – Remittiturs.
Appendix A: Civil Filing Fees Schedule, 2016
Rule 2.8(e). Unsworn Declaration
Rule 4(a)(3)(A). Summons – Eviction Proceedings
Rule 4(a)(3)(B). Summons – Other Civil Proceedings
Rule 4(a)(3)(C). Summons – Publication
Rule 54(b). Certificate of Final Partial Judgment
Rule 83(g)(3). Certificate of Transcription – Magistrate Appeal
Rule 84(g)(1)(D). Certificate Transcription – Agency Review
Rule 84(g)(2)(D) Certificate of Transcription – Agency Review (previously transcribed)
Members of the
Idaho Supreme Court
Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer
Members of the
Idaho Court of Appeals
Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello
Judge Michael P. Tribe
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