Rule 221.Lost Papers
Part II. Pleadings · Last amended July 1, 2021 · Last verified September 4, 2026
Full Text of Rule 221
Rule History
(Adopted March 29, 2021, effective July 1, 2021.)
Plain-English Summary
Rule 221 is the shortest rule in Part II, and the whole of it is this: if an original pleading or paper is lost, the court may authorize a copy to be filed and used instead of the original.
What it does
The substitution is complete — the copy is used instead of the original, not as evidence of it. Nothing turns on proving what the original said beyond the copy itself, and the case proceeds on the copy from that point.
The court's authorization is required. A party cannot simply refile a copy and treat the record as repaired.
Where it fits
Idaho's rules already reduce how often this arises. Rule 205(d)(3)(B) treats a faxed document as the original, signatures and seals included, and does not require mailing a paper copy afterward. Rule 213(a)(1) allows electronic signatures and electronic notary seals. Rule 121 governs the different question of getting exhibits and property back once a case is over.
What remains for Rule 221 is the ordinary accident — a document that never made it into the file, or one lost from it — and the answer is a copy, on the court's authorization, used as though it were the thing itself.
Frequently Asked Questions
What happens if a filed document is lost?
Rule 221 allows the court to authorize a copy to be filed and used instead of the original.
Do I need the court's permission?
Yes. Rule 221 provides that the court may authorize the copy to be filed and used, so the substitution rests on the court's authorization.
Is the copy treated as the original?
Rule 221 provides that the copy is used instead of the original.
Is a faxed filing an original?
Yes. Rule 205(d)(3)(B) provides that a faxed document must be file stamped and treated as the original, with the signature, court seal and notary seal considered as an original, and need not also be mailed to the court.