The Idaho motion to dismiss: eight grounds, including a case already pending elsewhere
Idaho procedure · Last verified August 17, 2026
Idaho gives a defendant 21 days to answer and eight enumerated defenses — one more than the federal rule.
The extra ground is another action already pending between the same parties. Where a dispute is being litigated twice, Idaho lets you say so by motion instead of arguing abatement.
Twenty-one days, then fourteen
Idaho follows the restyled federal timetable: 21 days to answer after service, and 14 days after notice of the court's action if the motion is denied or its disposition deferred.
The eight grounds
Idaho R. Civ. P. 12(b):
(1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; (7) failure to join a party under Rule 19; (8) another action pending between the same parties for the same cause.
| Ground | |
|---|---|
| (1) subject-matter jurisdiction | |
| (2) personal jurisdiction | |
| (3) improper venue | Idaho keeps venue inside the rule |
| (4) insufficient process | |
| (5) insufficient service of process | |
| (6) failure to state a claim | |
| (7) failure to join a party under Rule 19 | |
| (8) another action pending between the same parties for the same cause | no federal counterpart |
Ground (8) is worth checking at the outset in any case that looks like a re-filing, a companion suit, or a collection action brought while an earlier one is alive.
Where this connects
Idaho's discovery sanctions rule carries a general catch-all reaching conduct outside the enumerated failures — see the Idaho motion to compel.
If a default judgment has already been entered, Idaho allows only six months on the first three Rule 60(b) grounds, which is shorter than most states — see setting aside an Idaho default judgment.
For the answer itself, see responding to an Idaho complaint.
How Idaho compares
| Idaho | Montana | Wyoming | Federal | |
|---|---|---|---|---|
| Time to answer | 21 days | 21 days | 20 days | 21 days |
| After a denied motion | 14 days | 14 days | 14 days | 14 days |
| Enumerated grounds | eight | seven | seven | seven |
| Parallel action a ground | yes | no | no | no |
| Venue inside the rule | yes | yes | yes | yes |
A short checklist
- Diarise 21 days from service.
- Check ground (8) — a parallel action between the same parties is its own basis.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion.
- Plan for 14 days to answer if the motion is denied.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- Idaho R. Civ. P. 8 — General Rules of Pleading
- Idaho R. Civ. P. 12 — Defenses and objections
- Idaho R. Civ. P. 19 — Required Joinder of Parties
- Idaho R. Civ. P. 56 — Summary judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 12(b)(6) is developed in case law this site doesn't cover.