Rule 201.Commencement of Action

Part II. Pleadings · Last amended July 1, 2023 · Last verified September 4, 2026

In one sentenceRule 201 says how each kind of case begins — a family law action, a civil protection order action, and a modification — and requires a case information sheet before anything can be filed.

Full Text of Rule 201

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

(a) Commencement of a Family Law Action.

(1) A family law action is commenced by filing a petition with the clerk of the court.

(2) Designation of Parties. The party filing the initial petition is designated as the petitioner and any party against whom it is filed is designated as the respondent.

(3) Name and Date of Birth of Child. If a child is involved in the family law action, the child’s full name and date of birth must be included in the petition and any subsequent order, decree, or judgment.

(4) Service. Unless the parties have filed a stipulation for entry of a decree or judgment prior to service of the petition, a petition must be served on all parties entitled to service along with (1) a summons and (2) any notice, form, or order issued by the court at the time of filing of the petition as set forth in Rule 204.

(b) Commencement of a Civil Protection Order Action or Modification.

(1) A civil protection order action is commenced by the filing of a sworn petition in the form approved by the Supreme Court with the clerk of the court. Such action may be commenced or defended on behalf of a minor as set forth in Rule 112.

(2) A civil protection order may be modified, terminated, or renewed by a party filing an application in the form approved by the Supreme Court with the clerk of the court.

(3) Name and Date of Birth of Child. If a child is involved in the civil protection order action, the child’s full name and date of birth must be included in the petition and any subsequent order.

(4) Law Enforcement Information Sheet. A petition will not be filed unless accompanied by information in whatever form required by the court to allow entry of the protection order into the Idaho public safety and security information system (to be transferred by the court to the appropriate law enforcement agency with any signed order). A copy of this information form will not be maintained in the court file.

(1) An action to modify child custody, child support, or spousal maintenance is commenced in the original family law action by filing a:

(A) Petition to Modify. A petition to modify will be in a form similar to an original petition. All allegations of substantial and material changes in circumstances supporting a petition to modify a term of a prior judgment or decree must be stated with particularity; or

(B) Stipulation. The stipulation must expressly authorize the court to enter a modification judgment attached to or specifically identified in the stipulation.

(2) Designation of Parties. The parties will remain as designated as the petitioner and respondent as set forth in the original family law action, regardless of whether that party is now the moving party.

(3) Service. Unless the parties have filed a stipulation for entry of a judgment, a petition to modify must be served upon all parties entitled to service along with a (1) summons and (2) any notice, form, or order issued by the court at the time of filing of the petition to modify. The method of service will be the same as for an original family law action set forth in Rule 204 and service will be on the responding party rather than on the previous attorney of record for the party.

(4) Adjudication. A petition to modify will be adjudicated in the same manner as an original family law action.

(d) Family Law Case Information Sheet.

(1) Required to File a Petition or Stipulation. A petition or stipulation in a family law or civil protection order action will not be filed unless and until the moving party furnishes to the clerk a completed family law case information sheet on a form adopted by the Supreme Court and furnished by the clerk. This family law case information sheet will be exempt from disclosure according to I.C.A.R. 32(g).

(2) Required to File an Answer. An answer to a family law action will not be filed unless and until the responding party furnishes to the clerk a completed family law case information sheet on a form adopted by the Supreme Court and furnished by the clerk. This family law case information sheet will be exempt from disclosure according to I.C.A.R. 32(g).

(e) Filing Fee--Waiver. The filing fee prescribed by Appendix “A” of the Idaho Rules of Civil Procedure must be paid before the filing of a pleading or motion listed in the filing fee schedule. Any waiver of the filing fee will be made by the court upon verified application of a party which will require no filing fee. Provided, the filing fees will be automatically waived in any case in which a party is represented by an attorney under the Idaho Law Foundation Volunteer Lawyers Program, the University of Idaho Legal Aid Clinic, the Idaho Legal Aid Program, or an attorney under a private attorney contract with Legal Aid.

End

Rule History

(Adopted March 29, 2021, effective July 1, 2021; amended June 12, 2023, effective July 1, 2023.)

Plain-English Summary

Rule 201 is the filing rule. It covers three different beginnings, and the differences between them matter.

A family law action

Commenced by filing a petition with the clerk. The filing party is the petitioner, the party against whom it is filed the respondent. If a child is involved, the child's full name and date of birth must appear in the petition and in every subsequent order, decree or judgment. Unless the parties have already filed a stipulation for entry of a decree, the petition is served with a summons and any notice, form or order the court issued at filing, under Rule 204.

A civil protection order action

Commenced by filing a sworn petition on the form approved by the Supreme Court. It may be brought or defended on behalf of a minor under Rule 112. Modification, termination or renewal is by application on an approved form.

One requirement is unique to these cases: the petition will not be filed unless accompanied by information allowing entry of the order into the Idaho public safety and security information system, transferred to the appropriate law enforcement agency with any signed order. A copy of that form is not kept in the court file. The information exists to make the order enforceable on the street, not to become part of the public record.

A modification

An action to modify custody, support or spousal maintenance is commenced in the original family law action — by a petition to modify, or by a stipulation that expressly authorizes entry of an attached or identified modification judgment.

Two features repay attention. All allegations of substantial and material changes in circumstances must be stated with particularity. And the party designations do not change: petitioner and respondent stay as they were, regardless of who is now the moving party. Service is as for an original action — and expressly on the responding party rather than on the previous attorney of record, because that representation has ended.

The case information sheet

A petition or stipulation will not be filed until the moving party gives the clerk a completed family law case information sheet; an answer will not be filed until the responding party does the same. Both are exempt from disclosure under I.C.A.R. 32(g). It is the sheet that Rule 106 uses to surface related family cases.

Fees

The filing fee is the one prescribed by Appendix "A" of the Idaho Rules of Civil Procedure. Waiver is by verified application, which itself requires no fee — and fees are automatically waived where a party is represented through the Idaho Law Foundation Volunteer Lawyers Program, the University of Idaho Legal Aid Clinic, the Idaho Legal Aid Program, or an attorney under private contract with Legal Aid.

Frequently Asked Questions

How do I start a divorce or custody case in Idaho?

Rule 201(a)(1) commences a family law action by filing a petition with the clerk of the court, served with a summons under Rule 204 unless the parties have filed a stipulation for entry of a decree.

Do I need anything else before the clerk will accept my petition?

Yes. Rule 201(d)(1) provides that a petition or stipulation will not be filed until the moving party furnishes a completed family law case information sheet on a Supreme Court form. An answer requires the same from the responding party.

Am I still the respondent when I file a modification?

Yes. Rule 201(c)(2) keeps the parties designated as petitioner and respondent from the original action, regardless of which is now the moving party.

What must a petition to modify say?

Rule 201(c)(1)(A) requires all allegations of substantial and material changes in circumstances supporting the modification to be stated with particularity.

Who do I serve a modification petition on?

Rule 201(c)(3) requires service on the responding party rather than on the previous attorney of record, by the same method as an original family law action under Rule 204.

Can the filing fee be waived?

Rule 201(e) allows waiver by verified application, which requires no filing fee, and automatically waives fees where a party is represented through the Idaho Volunteer Lawyers Program, the University of Idaho Legal Aid Clinic, the Idaho Legal Aid Program, or an attorney under private contract with Legal Aid.

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: commencing an actionstarting a casepetitionfilingcase information sheetcivil protection ordermodificationfiling feefee waiverdivorcecustody modification