Idaho procedural guides

Plain-English guides to the Idaho Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to an Idaho complaint: 21 days, and notice before the default is even enteredIdaho Rule 12(a) gives 21 days after service of the summons and complaint to serve an answer — and if you have appeared, you get three days' written notice before a default can be entered at all.
• Setting aside an Idaho default judgment: six months, and the plaintiff had to certify your best addressIdaho Rule 60(b) allows six months, not a year — and Rule 55(b)(1) requires the original instrument and a certified address before a sum-certain default judgment can be entered.
• The Idaho motion to compel: a catch-all that reaches beyond the discovery rulesIdaho Rule 37(f) is a general sanctions catch-all allowing fees and costs against a party or the advising attorney in addition to the rule's specific remedies.
• The Idaho motion to dismiss: eight grounds, including a case already pending elsewhereIdaho Rule 12(b) lists eight defenses rather than the usual seven, adding a parallel action pending between the same parties.
• Idaho execution: no automatic stay, but a writ for more than the face amount needs a sworn computationIdaho Rule 62(a) allows execution immediately on entry, and Rule 69(a) bars a writ for anything beyond the face amount of the judgment without an affidavit verifying the computation.
• Idaho summary judgment: two filing tests, then 28-14-7 to the hearingIdaho Rule 56 stacks a trial-date test on top of a hearing schedule — 90 days before trial or 7 days after the trial-setting order, then 28, 14 and 7 days before the hearing.
• Idaho subpoenas: the other side sees it seven days before the records custodian doesIdaho Rule 45 requires a copy of a non-party records subpoena to be served on the opposing party seven days before it goes to the third party, and makes the issuing party pay the cost of production.
• Idaho depositions: video is allowed, but a stenographer has to be running at the same timeIdaho Rule 30 permits audio and audiovisual recording only alongside a simultaneous stenographic record, and fixes the location of a remote deposition where the deponent answers.
• Idaho injunctions: a writ that puts you back in a property taken at nightIdaho Rule 65 allows a writ of injunction with the force of a writ of restitution, restoring possession taken by force, fraud or stealth — or taken on a Sunday, a holiday, at night, or while you were away.
• Idaho requests for admission: nothing gets filed, and you keep the originals for a yearIdaho Rule 36 keeps requests for admission and responses out of the court file, requires the propounding party to keep the originals for a year after final disposition, and files only a notice of service.

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