Rule 108.Joint Hearings and Consolidation

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

In one sentenceRule 108 allows joint hearings and consolidation of related cases, and fixes which case number survives — the lowest, except that a custody case absorbs a child support case.

Full Text of Rule 108

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

(a) Joint Hearings.

(1) If actions before the court involve a common question of law or fact, the court may:

(A) join a hearing or trial of any matters in issue in the related family cases and civil protection order actions;

(i) For joint or coordinated hearings, notice to all parties and to all attorneys of record in each related case must be provided by the court, the moving party, or other party as ordered by the court, regardless of whether or not the party providing notice is a party in every case number that will be called for hearing.

(B) consolidate the actions; and

(b) Consolidation into Lowest Case Number.

(1) Except as set forth in subsection (c), motions to consolidate actions in the same county must be presented to and ruled on by the judge to whom the lowest numbered case or first filed case has been assigned among those matters sought to be consolidated. Notice must be given to all parties in each action involved and a copy filed in each case involved.

(2) In the event the motion is granted, the order must specify the case number under which all future papers must be filed, which will be the lowest of the case numbers involved. Thereafter, that case number will be used exclusively for all papers filed only in the designated case file. If a motion to consolidate is granted, all further action with regard to the consolidated cases must be heard by the judge who is assigned the lowest numbered case or first filed cases involved.

(1) If a family law action involving custody is filed in the proper venue, and there is a previous case involving only child support in the same county or a different county, a motion to consolidate may be filed and ruled upon by the judge assigned to preside over the action involving custody.

(2) In the event the motion is granted, the order must specify that the actions are consolidated under the case number assigned to the action involving custody and all future papers will be filed under that case number. All further action with regard to the consolidated cases must be heard by the judge who is assigned the action involving custody.

End

Rule History

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

Plain-English Summary

Rule 106 keeps related cases before one judge. Rule 108 supplies the mechanics for actually merging them.

Joint hearings

Where actions before the court involve a common question of law or fact, the court may join a hearing or trial of any matters in issue in the related family cases and civil protection order actions, consolidate the actions, and issue any other order avoiding unnecessary cost or delay.

For a joint or coordinated hearing, notice must go to all parties and all attorneys of record in each related case — given by the court, the moving party, or another party as the court orders, and regardless of whether the party giving notice is a party in every case number being called. A litigant can therefore owe notice to people in a case they are not part of.

The lowest number wins

A motion to consolidate actions in the same county goes to the judge assigned the lowest numbered or first filed case among those to be consolidated. Notice goes to all parties in each action, with a copy filed in each case. If granted, the order specifies the surviving case number — the lowest — which is used exclusively thereafter, and all further proceedings go to that judge.

Custody outranks support

Subsection (c) is the exception, and it inverts the ordinary rule. Where a family law action involving custody is filed in the proper venue and an earlier case involves only child support — in the same county or a different one — the motion to consolidate is filed with and ruled on by the judge assigned the custody action. If granted, the cases consolidate under the custody case number, not the lower one, and that judge hears everything afterward.

The reasoning is practical: a support case is a calculation, a custody case is not, and the judge who will decide the harder question should hold the file.

Frequently Asked Questions

Which case number survives a consolidation?

Ordinarily the lowest. Rule 108(b)(2) requires the order to specify the lowest of the case numbers involved, used exclusively for all future filings.

What if one case is about custody and the other only about support?

Rule 108(c) sends the motion to the judge assigned the custody action, and on consolidation the cases proceed under the custody case number regardless of which number is lower.

Who must be given notice of a joint hearing?

Rule 108(a)(1)(A)(i) requires notice to all parties and all attorneys of record in each related case, regardless of whether the party providing notice is a party in every case number that will be called.

Who rules on a motion to consolidate?

Rule 108(b)(1) sends it to the judge assigned the lowest numbered or first filed case among those sought to be consolidated, except as Rule 108(c) provides for custody cases.

Can the court hold a joint hearing without consolidating the cases?

Yes. Rule 108(a)(1) lists joining a hearing or trial, consolidating the actions, and issuing other orders as separate options available where the actions involve a common question of law or fact.

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: consolidationjoint hearinglowest case numbermerging casescustody and supportrelated cases