Rule 102.Applicability of Other Rules

Rule 102 is the most consequential rule in Part I, because it changes what evidence a judge may consider in almost every Idaho family law case.

The civil rules are switched off by default

The Idaho Rules of Civil Procedure apply only when incorporated by reference in these rules. There is no residual background application: if this ruleset does not name a civil rule, it does not govern. The places where it does are few and specific — Rule 114(c) for unsworn foreign declarations, Rule 409 for interstate depositions, Rule 812 for contempt, Rule 813 for appeals.

Relaxed evidence, unless someone asks

This is the provision to know. Unless a party moves for it, the Idaho Rules of Evidence do not fully apply.

A party may move for strict compliance within 30 days after an answer or other responsive pleading is filed — or, if there is no responsive pleading, within 42 days from the filing of the motion or petition, or another date the court sets. The request must be a separate motion dealing only with that request. In civil protection order actions the motion is due no later than 2 days before the 14-day hearing, and is heard at its beginning.

The court may deny the motion for good cause — expressly including a power imbalance in representation between the parties or the best interest of the child. Those grounds are unusual and deliberate: strict evidence rules advantage the represented party, and the rule lets a judge say so.

What applies when no motion is made

All relevant evidence is admissible, but the court must exclude evidence whose probative value is outweighed by unfair prejudice, confusion, undue delay, waste of time, needless cumulative evidence, lack of reliability, or failure to adequately and timely disclose.

That standard replaces Idaho Rules of Evidence 403, 602, 801-806, 901-903 and 1002 — relevance balancing, personal knowledge, the hearsay rules, authentication, and the original document requirement. All remaining provisions of the Idaho Rules of Evidence still apply, including the privileges.

Two things that apply either way

Regardless of any motion: business records under Idaho Rule of Evidence 803(6) come in without a custodian's testimony if the document appears complete and accurate on its face, appears relevant and reliable, and was timely disclosed with copies to all parties. And the court may conduct child interviews under Rule 118.

Finally, where these rules conflict with a local rule, these rules control.