Rule 206.Time to Serve Responsive Pleading; Defenses and Objections; Motion for Judgment on the Pleadings; Joining Motions; Waiving Defenses

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

In one sentenceRule 206 gives 21 days to answer, lists eight defenses that may be raised by motion, and waives three of them if they are not raised before any other filing.

Full Text of Rule 206

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

(a) Time to Serve a Responsive Pleading.

(1) In General. Unless another time is specified by rule or statute, the time for serving a responsive pleading is as follows:

(A) a responding party must serve an answer within 21 days after being served with the summons and petition;

(B) a party must serve an answer to a counterclaim or cross-claim within 21 days after being served with the pleading that states the counterclaim or cross-claim;

(C) a party must serve a reply to an answer within 21 days after being served with an order to reply, unless the court specifies a different time.

(2) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows:

(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or

(B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

(b) How to Present Defenses. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third party claim, must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted;

(7) failure to join a party under Rule 211; and

(8) another action pending between the same parties for the same cause.

If a pleading states a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim.

(c) Motion for Judgment on the Pleadings. After the pleadings are closed, but early enough not to delay trial, a party may move for judgment on the pleadings.

(d) Result of Presenting Matters Outside the Pleadings. If, on a motion under this rule, matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 507. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.

(e) Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare an answer. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

(f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:

(1) on its own; or

(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

(g) Joining Motions.

(1) Right to Join. A motion under this rule may be joined with any other motion allowed by this rule or by filing a special appearance under this rule.

(2) Limitation on Further Motions. Except as provided in subsections (b)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.

(h) Waiving and Preserving Certain Defenses.

(1) Waiving and Preserving Certain Defenses. When Some Are Waived. A party waives any defense listed in subsection (b)(2), (4) and (5) by failing to assert it by motion before filing a responsive pleading or filing any other motion, except a motion for an extension of time to answer or otherwise appear or a motion to disqualify a judge under Rule 109.

(2) When to Raise Others. Failure to state a claim upon which relief can be granted, to join a person required by Rule 211, a defense of another action pending between the same parties for the same cause, or to state a legal defense to a claim may be raised:

(A) in any pleading allowed or ordered under Rule 203(a);

(B) by a motion under Rule 206(c); or

(3) Lack of Subject Matter Jurisdiction. If the court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the action.

(4) Improper Venue. An objection to improper venue is waived unless a timely motion for proper venue is made as provided in Rule 105.

(i) Hearing Before Trial. If a party so moves, any defense listed in subsections(b)(1)-(7), whether made in a pleading or by motion, and a motion under subsection (c) must be heard and decided before trial unless the court orders a deferral until trial.

End

Rule History

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

Plain-English Summary

Rule 206 is the response rule, and its waiver provision is stricter than most.

The clock

21 days to serve an answer after being served with the summons and petition; 21 days to answer a counterclaim or cross-claim; 21 days to reply after being served with an order to reply. If a motion under this rule is denied or deferred to trial, the responsive pleading is due 14 days after notice of the court's action; if a more definite statement is ordered, 14 days after it is served.

Eight defenses that may go by motion

Lack of subject-matter jurisdiction; lack of personal jurisdiction; improper venue; insufficient process; insufficient service of process; failure to state a claim; failure to join a party under Rule 211; and another action pending between the same parties for the same cause. The last is a defense Idaho lists expressly and many states leave to abatement doctrine.

The waiver, and how strict it is

A party waives lack of personal jurisdiction, insufficient process and insufficient service of process by failing to assert them by motion before filing a responsive pleading or filing any other motion — with only two exceptions: a motion for an extension of time to answer or otherwise appear, and a motion to disqualify a judge under Rule 109.

Read that carefully. It is not enough to raise these in the answer. Filing any other motion first waives them. Idaho's rule is tighter than the familiar federal formulation, and the two carve-outs are the only safe filings.

The other defenses keep. Failure to state a claim, failure to join a Rule 211 party, another action pending, and failure to state a legal defense may be raised in any Rule 203(a) pleading, by a judgment-on-the-pleadings motion, or at trial. Lack of subject matter jurisdiction requires dismissal whenever the court determines it, at any time. Improper venue is waived unless a timely Rule 105 motion is made.

Related motions

After the pleadings close but early enough not to delay trial, a party may move for judgment on the pleadings. If matters outside the pleadings are presented and not excluded, the motion must be treated as one for summary judgment under Rule 507, with a reasonable opportunity for all parties to present pertinent material.

A more definite statement may be sought before answering where a pleading is so vague that an answer cannot reasonably be prepared; disobeying an order granting one within 14 days can cost the pleading. The court may strike an insufficient defense or redundant, immaterial, impertinent or scandalous matter, on its own or on motion made before responding or within 21 days of service.

One bite

Motions under this rule may be joined together. But a party who makes one must not make another raising a defense or objection that was available and omitted. And on a party's motion, any of the first seven defenses and a judgment-on-the-pleadings motion must be heard and decided before trial unless the court defers.

Frequently Asked Questions

How long do I have to answer a petition?

Rule 206(a)(1)(A) requires an answer within 21 days after being served with the summons and petition.

Can I lose a personal jurisdiction defense by filing something else first?

Yes. Rule 206(h)(1) waives lack of personal jurisdiction, insufficient process and insufficient service of process unless asserted by motion before filing a responsive pleading or any other motion, excepting only a motion for an extension of time to answer or appear and a motion to disqualify a judge under Rule 109.

Which defenses can be raised late?

Rule 206(h)(2) allows failure to state a claim, failure to join a person required by Rule 211, another action pending between the same parties for the same cause, and failure to state a legal defense to be raised in any pleading allowed under Rule 203(a), by motion under Rule 206(c), or at trial. Rule 206(h)(3) requires dismissal whenever the court determines it lacks subject matter jurisdiction.

What happens if I attach evidence to a motion under this rule?

Rule 206(d) requires the motion to be treated as one for summary judgment under Rule 507 if matters outside the pleadings are presented and not excluded, with a reasonable opportunity for all parties to present pertinent material.

Can I file a second motion under this rule?

Rule 206(g)(2) bars a party that makes a motion under the rule from making another raising a defense or objection that was available but omitted from the earlier motion.

Will these motions be decided before trial?

Rule 206(i) requires any defense listed in subsections (b)(1) through (7), and a motion for judgment on the pleadings, to be heard and decided before trial if a party so moves, unless the court orders a deferral until trial.

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: time to answer21 daysdefenseswaiver of defensesmotion to dismissjudgment on the pleadingsmore definite statementmotion to strikepersonal jurisdictionanother action pending