Rule 502.Evidence on Motions

Part V. Motions and Injunctions · Last amended July 1, 2023 · Last verified September 4, 2026

In one sentenceRule 502 decides temporary-order motions on the papers unless the court allows evidence, and gives a party 24 hours' notice to convert an expedited hearing into a live one.

Full Text of Rule 502

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

(a) When a motion is based on facts not appearing of record the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions.

(b) Hearing on a Motion for Temporary Order. A motion for temporary order will be heard and decided exclusively on the motion and affidavits unless, at the hearing on the motion for temporary orders, the court determines that the parties should be allowed to present evidence. In such case, the court will schedule an evidentiary hearing within a reasonable time.

(c) Expedited Hearings on a Rule 505 Temporary Order or Rule 506 Temporary Restraining Order or Preliminary Injunction . When a temporary order, preliminary injunction, or temporary restraining order is issued without notice pursuant to Rule 505 or 506, the matter will be decided after an expedited hearing based exclusively on the motion, briefing submitted, affidavits, and oral argument unless any party elects to produce testimony and evidence at the hearing or to cross-examine the adverse party or the party’s affiants. To secure a hearing time for the alternative hearing format, the requesting party must first give written notice of at least 24 hours to the court and to the opposing attorney before the hearing. If such notice is timely given it will not be necessary to subpoena the adverse party or the party’s affiants and the adverse party will appear with the party’s designated affiants without further notice unless otherwise ordered by the court. If the adverse party and the adverse party’s affiants designated in the notice are not excused by the court and do not appear as requested, the court may impose such sanctions as it deems appropriate including attorney fees for the requesting party. The hearing, notice and expiration periods set forth in Rules 505 and 506 apply.

End

Rule History

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

Plain-English Summary

Rule 502 answers a question Rule 501 leaves open: what the court looks at.

The general power

Where a motion rests on facts not appearing of record, the court may hear it on affidavits, or wholly or partly on oral testimony or depositions. The choice is the court's.

Temporary orders: paper by default

A motion for temporary order will be heard and decided exclusively on the motion and affidavits unless, at the hearing, the court determines the parties should be allowed to present evidence — in which case it schedules an evidentiary hearing within a reasonable time.

This is the practical center of Idaho temporary-order practice. Custody, support and maintenance are routinely set for months on affidavits alone, which is why Rule 504 dictates their contents so tightly and caps them at 20 pages and 4 nonparty affidavits per party.

Expedited hearings, and how to get live testimony

Where a temporary order, preliminary injunction or temporary restraining order issued without notice under Rule 505 or 506, the expedited hearing is likewise decided on the motion, briefing, affidavits and argument — unless any party elects to produce testimony and evidence, or to cross-examine the adverse party or that party's affiants.

Making that election has a procedure and a payoff. The requesting party must give written notice of at least 24 hours to the court and to opposing counsel. If that notice is timely, no subpoena is necessary: the adverse party and the designated affiants must appear without further notice.

And if they do not appear and were not excused, the court may impose such sanctions as it deems appropriate, including attorney fees for the requesting party. A 24-hour letter does the work a subpoena would otherwise do. The hearing, notice and expiration periods of Rules 505 and 506 still apply.

Frequently Asked Questions

Will there be live testimony at my temporary orders hearing?

Not by default. Rule 502(b) provides that a motion for temporary order will be heard and decided exclusively on the motion and affidavits unless, at the hearing, the court determines the parties should be allowed to present evidence.

Can I cross-examine the other side's affiants?

At an expedited hearing, yes. Rule 502(c) allows any party to elect to produce testimony and evidence or to cross-examine the adverse party or the party's affiants, on written notice of at least 24 hours to the court and the opposing attorney.

Do I need to subpoena them?

No, if notice is timely. Rule 502(c) provides that if such notice is timely given it will not be necessary to subpoena the adverse party or the party's affiants, and the adverse party will appear with the designated affiants without further notice unless otherwise ordered.

What if they do not show up?

Rule 502(c) allows the court to impose such sanctions as it deems appropriate, including attorney fees for the requesting party, where the adverse party and designated affiants are not excused and do not appear as requested.

Can any motion be decided on affidavits?

Rule 502(a) provides that when a motion is based on facts not appearing of record the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions.

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: evidence on motionstemporary orders hearingaffidavits24 hours noticecross-examinationexpedited hearing