The Idaho motion to compel: a catch-all that reaches beyond the discovery rules
Idaho procedure · Last verified August 17, 2026
Idaho's Rule 37 follows the modern federal structure — certification required, fees mandatory when the motion is granted — and then adds a subsection the federal rule does not have.
Rule 37(f) is a general sanctions power, available "in addition to the sanctions provided for in this rule", reaching a party or the attorney advising that party.
Where conduct does not fit neatly into one of the enumerated failures, that is where to look.
The catch-all
Idaho R. Civ. P. 37(f):
General sanctions; Catch-all. In addition to the sanctions provided for in this rule for violation of discovery procedures, any court may impose sanctions or conditions, or assess attorney fees, costs or expenses against a party or the attorney advising that party f
Three features:
| Feature | |
|---|---|
| Available in addition to the rule's specific sanctions | not an alternative |
| "any court" may impose them | not limited to the court where the action is pending |
| Reaches a party or the attorney advising that party | |
| What may be imposed | sanctions or conditions, or attorney fees, costs or expenses |
The reference to conditions is worth noting — the court can attach terms to continued participation rather than only imposing a penalty.
The certification
Rule 37(a)(1) requires the motion to include:
certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obt
"Conferred or attempted to confer" — the attempt is enough where the other side will not engage, but it must be certified.
One forum
A motion for an order compelling disclosure or discovery "must be made in the court where the action is pending." Idaho does not split the forum for depositions or non-parties.
Fees
Idaho is asymmetric in the movant's favor: mandatory when the motion is granted — and equally where the discovery is provided after the motion was filed — and discretionary when it is denied, in each case subject to substantial justification or injustice.
As in the other modern rules, filing before attempting in good faith to obtain the material is a bar to recovering expenses, not merely a factor. The certification is what proves you did.
Evasive answers, and disclosures
Idaho's evasive-answer provision covers disclosures as well as answers and responses, reflecting its disclosure regime. An incomplete disclosure is treated as no disclosure.
Electronically stored information
Rule 37(e) carries the modern ESI provision: curative measures on a finding of prejudice, and the adverse inference and harsher outcomes only on a finding that the party acted with intent to deprive another party of the information's use.
Match the remedy to the finding. Asking for an adverse inference without intent is the common way these motions fail.
Contempt reaches either court
Idaho's deposition provision is broader than most: a deponent who fails to obey an order to be sworn or answer may be treated as in contempt of either the court where the discovery is taken or the court where the action is pending — a choice several states do not offer.
Before you file
- Confirm proper service and that the response period has run — see responding to an Idaho complaint.
- Confer and certify it. It is a condition of recovering expenses.
- File in the court where the action is pending.
- If the conduct does not fit an enumerated failure, use Rule 37(f).
- For ESI, decide whether you are arguing prejudice or intent before choosing the remedy.
If a default judgment has already been entered, note that Idaho allows only six months on the first three Rule 60(b) grounds — see setting aside an Idaho default judgment.
How Idaho compares
| Idaho | Montana | Nevada | Federal | |
|---|---|---|---|---|
| Conference certification required | yes | — | yes | yes |
| Single forum for all motions | yes | — | yes | no |
| Fees when granted | must | — | must | must |
| Fees when denied | may | — | may | must |
| General sanctions catch-all | yes, Rule 37(f) | no | no | no |
| Catch-all reaches the advising attorney | yes | — | — | — |
| Contempt available in either court | yes | — | — | no |
| ESI adverse inference requires intent | yes | — | yes | yes |
A short checklist
- Certify the conference. Skipping it bars your expenses even on a granted motion.
- File where the action is pending.
- Quote the evasive-answer provision, which covers disclosures here.
- Use Rule 37(f) where the conduct falls outside the enumerated failures — and ask for conditions as well as fees where that fits.
- Name the advising attorney where the catch-all's language matches the facts.
- For ESI, establish the thresholds first, then match the remedy to prejudice or intent.
- Remember late production still exposes them to fees.
Where these rules live
- Idaho R. Civ. P. 26 — General Provisions Governing Discovery
- Idaho R. Civ. P. 33 — Interrogatories to Parties
- Idaho R. Civ. P. 34 — Producing Documents and Things
- Idaho R. Civ. P. 37 — Failure to cooperate in discovery; sanctions
This page explains what the rules say. It isn't legal advice, and what makes an opposition substantially justified is developed in case law this site doesn't cover.