Rule 204.Summons

Part II. Pleadings · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 204 governs the summons — what it must contain, who may serve it, how individuals, minors, incompetent persons and government bodies are served, and the 182-day limit for getting it done.

Full Text of Rule 204

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

(a) Issuance. On or after the filing of the petition in a family law action, the moving party may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the moving party for service on the responding party.

(b) Time Limit for Service. If a responding party is not served within 182 days after the filing of the petition, the court, on motion or on its own after 14 days’ notice to the moving party, must dismiss the action without prejudice against the responding party. But if the moving party shows good cause for the failure to serve, the court must extend the time for service for an appropriate period.

(1) Contents. A summons must:

(A) name the court;

(B) state the assigned number of the case;

(D) identify the county in which the action is brought;

(E) state the mailing address, physical address (if different), and phone number of the district court clerk;

(F) state the name, address, phone number, email address, and bar number of the moving party’s attorney, or, if unrepresented, the address, phone number, and email address (if any) of the moving party;

(G) be directed to the responding party;

(H) state the time in which the responding party must appear and defend;

(I) notify the responding party that a failure to appear and defend will result in a default judgment against the responding party for the relief demanded in the petition;

(J) be signed by the clerk; and

(K) bear the court’s seal.

(2) Amendments. At any time in its discretion and upon such terms as it deems just the court may allow the summons to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the summons issued.

(3) Form of Summons.

(A) Generally. The summons must be in substantially the form found in Appendix A.

(B) Publication. Where service is made by publication, the summons must be published in substantially the form found in Appendix A.

(d) Service.

(1) Personal service. A copy of the summons must be served with the petition, except when the service is by publication as provided in subsection (f). The moving party is responsible for furnishing the necessary copies to the person who makes service.

(2) By whom. An officer authorized by law to serve process, or any person over the age of 18, not a party to the action may serve the summons and petition.

(e) Upon Whom Served.

(1) Service upon individuals. An individual, other than a person under age 18 or incompetent person, may be served by doing any of the following:

(A) delivering a copy of the summons and of the petition to the individual personally;

(B) leaving a copy of the summons and petition at the individual’s dwelling house or usual place of abode with someone at least 18 years old who resides there; or

(C) delivering a copy of the summons and petition to an agent authorized by appointment or by law to receive service of process.

(2) Serving a Person Under Age 18; Incompetent Person.

(A) Minor.

(i) Guardian Appointed. A person less than 18 years old must be served by service on the guardian, if one has been appointed.

(ii) No Guardian Appointed. If there is no guardian, service may be made on a parent. If no guardian or parent can be found within the state, service may be on any person having the care and custody of the minor.

(iii) Additional Service on Minor. Unless the court otherwise orders, the minor must also be served. Service must be in the same manner set forth in subsection (e)(1).

(B) Incompetent Person.

(i) Guardian Appointed in this State. An incompetent person who has been judicially declared to be of unsound mind or incapable of conducting his or her own affairs, must be served by service upon the guardian, if one has been appointed in this state.

(ii) No Guardian Appointed in this State. If there is no guardian appointed in this state, service must be made on a competent adult member of the family with whom the incompetent person resides. If the incompetent person is living in an institution, service must be on the chief executive officer of the institution. If service cannot be had upon any of them, then must be as provided by order of the court.

(iii) Additional Service on Incompetent Person. Unless the court otherwise orders, service must also be made on the incompetent person. Service must be in the same manner set forth in subsection (e)(1).

(iv) If Person to be Served is a Petitioner. If any of the parties on whom service is directed to be made is a petitioner, then service must be on such other person as the court designates.

(3) Serving the State and its Agencies or Governmental Subdivisions.

(A) State of Idaho. To serve the state of Idaho or any of its agencies, a party must deliver 2 copies of the summons and petition to the attorney general or any deputy attorney general.

(B) Other Governmental Subdivisions. To serve any other governmental subdivision, municipal corporation, or quasi-municipal corporation or public board service, service must be made pursuant to the statute in addition to service provided in this subsection.

(4) Admission of Service. Service may be completed by a written admission, acknowledged by the person to be served, that the person has received service of process. The admission must state the capacity in which service of process was received.

(f) Summons – Other Service.

(1) Service on Persons Outside the State; Unknown Persons.

(A) Personal service outside of the state, when authorized by statute, must be as provided by subsection (e).

(B) When a statute of this state provides for service of a summons, or of a notice, or of an order in lieu of summons, on a party not an inhabitant of, or found within the state, or on unknown persons, service must be made as provided by the statute.

(C) When the summons, notice or order is served by publication it must contain, in general terms, a statement of the nature of the grounds of the claim, and copies of the summons and petition must be mailed to the last known address most likely to give notice to the party.

(2) Service – Completion. Personal service within or outside the state is complete on the date of delivery; service by publication is complete on the date of the last publication.

(g) Territorial Limits of Effective Service. All process, other than a subpoena under Rule 409, may be served anywhere within territorial limits of the state and, when a statute or rule provides, beyond the territorial limits of the state.

(h) Providing Service.

(1) Requirements of Proof of Service. Proof of service of process must be in writing, identifying all documents served, specifying the manner of service and the date and place of service. Unless the party served files an appearance, proof of service must be filed with the court. Proof of service must be as follows:

(A) if service is made by a sheriff or deputy sheriff, or any peace officer or court marshal, anywhere within the state of Idaho, then by certificate of the officer stating how service was made as required by these rules;

(B) if service is by any person other than those specified in subsection (h)(1)(A), then by affidavit of the person stating that the person is over the age of 18 years and how service was made as required by these rules;

(C) if service is by certified or registered mail, then by affidavit of a person over the age of 18 years who mailed the process together with postal receipts indicating whether the person received the service of process by mail;

(D) if service is by publication, then by affidavit of the publisher of the newspaper, or the publisher's designated agent over the age of 18 years, stating the dates of publication and attaching a true copy of the publication, and by affidavit of mailing by a person over the age of 18 years who mailed the process and stating the date and address to which they were mailed; or

(E) the party's acknowledged written admission that service of process was received, as provided by subsection (e)(4).

(2) Amendment of Proof of Service. At any time in its discretion and upon such terms as it deems just, the court may allow proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

End

Rule History

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

Plain-English Summary

Rule 204 is the service rule for original process.

Issuance and the 182-day limit

On or after filing, the moving party presents a summons to the clerk, who signs, seals and issues it. If the responding party is not served within 182 days after the petition is filed, the court — on motion or on its own after 14 days' notice to the moving party — must dismiss without prejudice. But on a showing of good cause the court must extend the time for an appropriate period.

Eleven items: the court, the case number, the parties, the county, the clerk's mailing and physical address and phone, the moving party's attorney details (or the self-represented party's), direction to the responding party, the time to appear and defend, notice that failure to appear will result in a default judgment for the relief demanded, the clerk's signature, and the court's seal. The summons must be substantially in the form in Appendix A, with a separate published form where service is by publication. The court may allow amendment unless material prejudice would result.

Who serves, and on whom

An officer authorized by law, or any person over 18 who is not a party. An individual is served by personal delivery, by leaving a copy at the dwelling or usual place of abode with someone at least 18 who resides there, or by delivery to an authorized agent.

A minor is served through an appointed guardian; if none, on a parent; if neither can be found in the state, on any person having care and custody — and unless the court orders otherwise the minor must also be served personally. An incompetent person judicially declared as such is served through a guardian appointed in this state; if none, on a competent adult family member with whom they reside, or the chief executive officer of the institution if they live in one — and the person must also be served. Where the person who would receive service is themselves the petitioner, the court designates someone else.

The State of Idaho or its agencies is served by delivering two copies to the attorney general or a deputy. Other governmental subdivisions are served under the applicable statute in addition to this rule.

Service may also be completed by a written admission, acknowledged by the person served, stating the capacity in which process was received.

Outside the state, and publication

Personal service outside Idaho, where a statute authorizes it, follows the same methods. Where a statute provides for service on a non-inhabitant or on unknown persons, that statute's method governs. A summons served by publication must state in general terms the nature and grounds of the claim, and copies must be mailed to the last known address most likely to give notice. Personal service is complete on delivery; publication is complete on the date of last publication.

All process except a Rule 409 subpoena may be served anywhere in the state, and beyond it when a statute or rule provides.

Proof

Proof must be in writing, identifying the documents served and specifying the manner, date and place — by certificate of a sheriff, deputy, peace officer or court marshal; by affidavit of any other server over 18; by affidavit plus postal receipts for certified or registered mail; by the publisher's affidavit with a copy of the publication plus an affidavit of mailing; or by the party's acknowledged written admission. Proof must be filed unless the party served files an appearance, and the court may allow it to be amended.

Frequently Asked Questions

How long do I have to serve the petition?

Rule 204(b) gives 182 days after filing. After that the court, on motion or on its own after 14 days' notice, must dismiss without prejudice — but must extend the time if the moving party shows good cause.

Who can serve a summons?

Rule 204(d)(2) allows an officer authorized by law to serve process, or any person over the age of 18 who is not a party to the action.

How is a child served?

Rule 204(e)(2)(A) requires service on an appointed guardian; if none, on a parent; and if neither can be found in the state, on any person having care and custody. Unless the court orders otherwise, the minor must also be served.

How do I serve the State of Idaho?

Rule 204(e)(3)(A) requires delivering 2 copies of the summons and petition to the attorney general or any deputy attorney general.

When is service by publication complete?

Rule 204(f)(2) makes service by publication complete on the date of the last publication, while personal service within or outside the state is complete on the date of delivery.

Does failing to file proof of service invalidate it?

No. Rule 204(h) requires proof of service to be filed unless the party served files an appearance, and allows the court to permit proof to be amended.

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: summonsservice of process182 daysserving a petitionpublicationproof of serviceserving a minorserving the Stateadmission of service