Rule 418.Expenses Against State of Idaho
Part IV. Disclosure, Discovery, and Subpoena · Last amended July 1, 2021 · Last verified September 4, 2026
Full Text of Rule 418
Rule History
(Adopted March 29, 2021, effective July 1, 2021.)
Plain-English Summary
Rule 418 is one sentence: expenses and attorney fees may be awarded against the state of Idaho under this rule.
Why it needs saying
The State appears constantly in Idaho family law. Rule 103(a) provides that a reference to a party may include the State; Rule 202(b) has certain actions brought in its name; Rule 212(d) gives the Department of Health and Welfare its own route to intervene in support matters; and Rule 401(c) imposes disclosure obligations on the Department when it is a party.
Sovereign immunity would otherwise raise a question about whether the fee-shifting provisions of Rule 417 reach a State party at all. Rule 418 answers it: they do. The State litigating a support case is exposed to the same discovery sanctions as anyone else.
What it does not disturb
Elsewhere the rules are careful to preserve the State's protections. Rule 210(d) provides that these rules do not expand the right to assert a counterclaim or claim a credit against the State. Rule 302(d) allows a default judgment against the State only if the claimant establishes a claim or right by evidence satisfying the court. Rule 418 is narrower than either: it addresses discovery expenses and fees, not liability.
Rule 902 governs attorney fees generally, and Rule 901 costs.
Frequently Asked Questions
Can the State be ordered to pay discovery expenses?
Yes. Rule 418 provides that expenses and attorney fees may be awarded against the state of Idaho under this rule.
Does the State have to make disclosures?
Rule 401(c) requires the Idaho Department of Health and Welfare, when a party to a case involving child support or other financial matters regarding the child, to disclose all financial information at its disposal after redacting social security numbers.
Can I get a default judgment against the State?
Only on proof. Rule 302(d) permits it only if the claimant establishes a claim or right by evidence that satisfies the court.
Does this rule expand claims against the State?
No. It addresses expenses and attorney fees in discovery. Rule 210(d) separately provides that these rules do not expand the right to assert a counterclaim or claim a credit against the State.