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Rule 101.Scope of the Rules

Part I. General Administration · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 101 puts every Idaho family law action in the magistrate division under these rules, and lists the five kinds of case they do not reach.

Full Text of Rule 101

Text sizeJump to: (a) (b) (c) (d)

(a) Title. These rules may be known and cited as the Idaho Rules of Family Law Procedure, or abbreviated I.R.F.L.P.
(b) Applicability. These rules govern the procedure in the magistrate’s division of the district court in the state of Idaho in all family law actions for annulment, divorce, legal separation, separate maintenance, child support, child custody, grandparent visitation or custody, and paternity; all civil protection actions sought under the Idaho Domestic Crime Prevention Act, Idaho Code Title 39, Chapter 63; all actions pursuant to the De Facto Custodian Act; and all proceedings related to the establishment, registration, modification, or enforcement of judgments, decrees or orders in such actions, except contempt.
(c) These rules do not apply to actions arising under the Child Protective Act, actions for adoption, actions for termination of parental rights, actions for guardianship or conservatorship, or actions for civil protection orders sought under Idaho Code Title 18, Chapter 79.
(d) These rules should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.
End

Rule History

(Adopted March 29, 2021, effective July 1, 2021.)

Plain-English Summary

Rule 101 is the door to the ruleset, and it does its work by naming what is in and what is out.

The name

These rules may be cited as the Idaho Rules of Family Law Procedure, abbreviated I.R.F.L.P.

What they govern

Procedure in the magistrate's division of the district court in all family law actions for annulment, divorce, legal separation, separate maintenance, child support, child custody, grandparent visitation or custody, and paternity; all civil protection actions under the Idaho Domestic Crime Prevention Act (Idaho Code Title 39, Chapter 63); all actions under the De Facto Custodian Act; and every proceeding to establish, register, modify or enforce judgments in those actions — except contempt.

That last exception matters. Contempt is carved out here and Rule 812 sends it to the Idaho Rules of Civil Procedure instead.

What they do not govern

Five categories: actions under the Child Protective Act, adoption, termination of parental rights, guardianship or conservatorship, and civil protection orders sought under Idaho Code Title 18, Chapter 79.

Note the split between the two kinds of protection order. A protection order under Title 39 chapter 63 — domestic violence — is squarely inside these rules. One under Title 18 chapter 79 — stalking and harassment — is outside them. The same courthouse, two different rulesets, and the statute the petition is brought under decides which.

How to read the rest

Section (d) supplies the interpretive instruction: these rules should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.

Frequently Asked Questions

Which court do these rules apply in?

Rule 101(b) applies them to procedure in the magistrate's division of the district court in Idaho.

Do these rules cover contempt?

No. Rule 101(b) covers proceedings to establish, register, modify or enforce judgments in family law actions except contempt, and Rule 812 provides that actions for contempt are governed by the Idaho Rules of Civil Procedure.

Do these rules apply to an adoption or a guardianship?

No. Rule 101(c) excludes actions under the Child Protective Act, adoption, termination of parental rights, and guardianship or conservatorship.

Which protection orders are covered?

Rule 101(b) includes civil protection actions under the Idaho Domestic Crime Prevention Act, Idaho Code Title 39, Chapter 63. Rule 101(c) excludes civil protection orders sought under Idaho Code Title 18, Chapter 79.

What is the abbreviation for these rules?

Rule 101(a) provides that they may be known and cited as the Idaho Rules of Family Law Procedure, or abbreviated I.R.F.L.P.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text
Also known as: scopeI.R.F.L.P.which rules applydivorcedissolutionannulmentlegal separationpaternitychild custodychild supportgrandparent visitationde facto custodiancivil protection ordermagistrate division