Rule 104.Computing Time

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

In one sentenceRule 104 sets how deadlines are counted, adds three days for service by mail, and names three rules whose time limits the court cannot extend.

Full Text of Rule 104

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

(a) Computing Time. The following apply in computing any period of time specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.

(1) Generally. When the period is stated in days or a longer unit of time:

(A) exclude the day of event that triggers the period;

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(C) include the last day of the period, but if the last day is a Saturday, Sunday or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(2) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk’s office is inaccessible, then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday.

(b) Extending Time.

(1) In General. When an act may or must be done within a specified time, the court may, for good cause shown, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2) By Stipulation. The parties may extend time by written stipulation, filed before or after expiration of time period, if the extension does not disturb the orderly dispatch of business or the convenience of the court.

(3) Exceptions. A court must not extend time to act under Rules 801, 804, and 805.

(c) Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 3 days are added to the specified period.

(d) Blood or Other Genetic Tests in Paternity Actions. If a blood or other genetic test is used to prove paternity, the blood or other genetic test report must be served upon the respondent with the petition or as soon as it is obtained. The blood or other genetic test report must be served upon the respondent at least 28 days before the date set for trial, together with a notice that the blood or other genetic test will be admitted under this rule if no objection is filed at least 21 days in advance of trial. The verified expert’s blood or other genetic test report will be admitted at trial unless a challenge to the testing procedures or the blood or other genetic analysis has been made by a party at least 21 days before the date set for trial.

(e) Setting Hearings by Court. The court, upon its own initiative, may notice for hearing any motion, trial, or proceeding which is pending before it by providing notice to all parties in conformance with these rules.

(f) Stipulations Not Binding on Court--Continuance of Trial or Hearing. The parties to any action may present to the court a stipulation as to any procedural matter involved in any proceeding, including a stipulation to vacate or continue a hearing or trial, but such stipulation must be considered as a joint motion by the parties to the court for its consideration, and will not be binding upon the court. The court may approve or disapprove the stipulation in the same manner as the court rules upon a motion. The court may by oral or written notice to the parties limit the time within which a motion or stipulation to vacate or continue a hearing or trial must be made in order to be considered by the court.

End

Rule History

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

Plain-English Summary

Rule 104 is the clock rule for every deadline in this ruleset, in a local rule, in a court order, or in any statute that does not supply its own method.

Counting

Exclude the day of the triggering event; count every day, including Saturdays, Sundays and legal holidays; include the last day, but if it falls on a Saturday, Sunday or legal holiday, run to the end of the next day that is not one. If the clerk's office is inaccessible, filing time extends to the first accessible day that is not a weekend or holiday.

Note that Idaho counts intermediate weekends and holidays at every length. There is no short-period rule that skips them.

Extending

For good cause the court may extend time with or without motion or notice if it acts, or a request is made, before the period expires — and on motion afterward only for excusable neglect. The parties may also extend by written stipulation, filed before or after expiration, provided it does not disturb the orderly dispatch of business or the convenience of the court.

Three deadlines cannot be extended at all: the court must not extend time to act under Rule 801 (findings), Rule 804 (new trial; amendment of judgment) and Rule 805 (relief from judgment). Those are the post-judgment deadlines, and they are jurisdictional in effect.

Three days for mail

When a party must act within a specified time after service and service is made by mail, 3 days are added.

Genetic testing in paternity actions

A blood or genetic test report must be served with the petition or as soon as obtained, and in any event at least 28 days before trial, together with notice that it will be admitted under this rule if no objection is filed at least 21 days before trial. Absent a timely challenge to the testing procedures or the analysis, the verified report will be admitted.

Stipulations do not bind the court

The parties may stipulate to any procedural matter, including vacating or continuing a hearing or trial — but such a stipulation is treated as a joint motion and is not binding. The court rules on it as it would any motion, and may limit the time within which such a motion or stipulation must be made.

Frequently Asked Questions

Do weekends count when computing a deadline?

Yes. Rule 104(a)(1)(B) counts every day, including intermediate Saturdays, Sundays and legal holidays, and only the last day rolls forward if it falls on one.

How much time does service by mail add?

Three days. Rule 104(c) adds them when a party must act within a specified time after service and service is made by mail.

Which deadlines can never be extended?

Rule 104(b)(3) provides that a court must not extend time to act under Rules 801, 804 and 805.

Can the parties agree to extend a deadline?

Rule 104(b)(2) allows extension by written stipulation, filed before or after expiration, if the extension does not disturb the orderly dispatch of business or the convenience of the court.

When must a genetic test report be served in a paternity case?

Rule 104(d) requires service with the petition or as soon as it is obtained, and at least 28 days before trial with notice that it will be admitted unless an objection is filed at least 21 days before trial.

Is a stipulation to continue a trial binding on the court?

No. Rule 104(f) treats such a stipulation as a joint motion for the court's consideration, not binding on the court, which may approve or disapprove it as it rules on any motion.

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: computing timedeadlinesextending timeexcusable neglect3 days for mailinglegal holidaygenetic testingpaternity teststipulationcontinuance