Rule 115.Conduct of Proceedings

Rule 115 is where Idaho's family courts state, in numbers, how long a party gets to be heard.

The general power

The court may impose reasonable time limits on all proceedings or portions of them, and limit the time to the scheduled time. Any party may request additional time by filing a motion within a reasonable time or as the court directs — so the limits are defaults to be planned around rather than absolutes.

Two defaults

Unless the presiding judge allows a different time or another rule fixes one:

• Arguments on contested motions: 15 minutes for each side.
• Evidentiary hearings in family law actions and civil protection order actions: 30 minutes for each side for the presentation of evidence.

Thirty minutes per side is not much for a contested evidentiary hearing, and the practical effect is to reward parties who have narrowed their issues and disclosed their exhibits in advance — which is what Rules 401, 703 and 704 are for.

The exception

The 30-minute limit does not apply to family law action trials. A trial is set on its own estimate under Rule 702, and Rule 701 lets the court consider the time required at a scheduling conference.

Decorum

All proceedings must be conducted in an orderly, courteous, and dignified manner, and arguments and remarks will be addressed to the court — not to the other party or their counsel.