Rule 505.Temporary Order Issued Without Notice

Part V. Motions and Injunctions · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 505 allows a temporary order without notice only on specific facts showing immediate and irreparable injury, and limits it to 14 days with an expedited hearing.

Full Text of Rule 505

Text sizeJump to: (a) (b)

(a) Requirements. The court may issue a temporary order without written or oral notice to the responding party or its attorney only if:

(1) specific facts in an affidavit or a verified motion for temporary order without notice clearly show that immediate and irreparable injury, loss, or damage will result to the moving party or minor child of the party before the responding party can be heard in opposition;

(2) the moving party or the moving party’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required; and

(3) a proposed temporary order without notice that complies with this Rule is submitted.

(b) Contents of Temporary Order Issued Without Notice; Expiration and Extension.

(1) Contents. Every temporary order issued without notice must:

(A) describe the injury and state why it is irreparable;

(B) state why the order was issued without notice; and

(2) Expiration and Extension. The temporary order issued without notice must be promptly filed and is only effective for a fixed period not to exceed 14 days. Prior to expiration, a party may file a motion and affidavit stating the reasons to extend the order. The court, for good cause shown, may extend the order for an additional period not to exceed 14 days or the responding party consents to a longer extension.

(3) Expedited Hearing. If the temporary order is issued without notice, a hearing must be set at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the moving party does not, the court must dissolve the order.

(4) Continuance of Hearing. The responding party is entitled to a continuance for a period of not more than 14 days to respond. If the responding party obtains a continuance, the temporary order issued without notice will remain in effect until the date of the continued hearing.

(5) Service.

(A) Method of Service. The moving party must immediately serve a copy of the motion, affidavits, and order to the responding party as provided in Rule 205 (c)-(e), unless the court orders personal service. The petition and summons, as well as any other required initial orders, if not previously served to the responding party, must be served as provided in Rule 204 prior to the hearing.

(B) Time for Service. The moving party must serve the motion, affidavits, and order within 5 days of entry or 2 days prior to the hearing, whichever is sooner.

(6) Response to Motion. The responding party may file affidavits in response to the motion subject to the limitations set forth in Rule 504(c), and if the affidavits are served on the moving party at least 2 days prior to the hearing, the moving party will not be entitled to a continuance of the hearing unless good cause is shown.

(7) Motion to Dissolve. On 2 days’ notice to the moving party or on shorter notice set by the court, the responding party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.

End

Rule History

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

Plain-English Summary

Rule 505 is the emergency route, and every part of it is designed to make the emergency brief.

Three requirements

The court may issue a temporary order without written or oral notice only if: specific facts in an affidavit or verified motion clearly show that immediate and irreparable injury, loss, or damage will result to the moving party or minor child before the responding party can be heard; the moving party or attorney certifies in writing what efforts were made to give notice and why notice should not be required; and a proposed order complying with this rule is submitted.

Note the second: the certification is about efforts made, not about excuses. Idaho expects some attempt at notice in nearly every case.

What the order must say

Every order issued without notice must describe the injury and state why it is irreparable, state why the order issued without notice, and state the date and time for the hearing. The hearing date is part of the order itself.

Fourteen days, and no more

The order must be promptly filed and is effective for a fixed period not to exceed 14 days. Before it expires a party may move to extend, and the court for good cause shown may extend it for no more than another 14 days, or longer if the responding party consents.

The hearing must be set at the earliest possible time, taking precedence over all other matters except older matters of the same character. And the burden stays where it belongs: at the hearing the party who obtained the order must proceed — if it does not, the court must dissolve the order.

The responding party's options

A continuance of not more than 14 days is available as of right, though the temporary order remains in effect until the continued date. Affidavits in response are subject to Rule 504(c)'s limits, and serving them at least 2 days before the hearing denies the moving party a continuance absent good cause. And on 2 days' notice, or shorter as the court sets, the responding party may move to dissolve or modify — the court must then hear and decide as promptly as justice requires.

Service

The moving party must immediately serve the motion, affidavits and order under Rule 205(c)–(e) unless the court orders personal service, and must complete service within 5 days of entry or 2 days before the hearing, whichever is sooner. Any petition and summons not yet served must be served under Rule 204 before the hearing.

Frequently Asked Questions

When can the court issue an order without notifying the other parent?

Rule 505(a) allows it only if specific facts in an affidavit or verified motion clearly show that immediate and irreparable injury, loss or damage will result to the moving party or minor child before the responding party can be heard, the moving party certifies in writing the efforts made to give notice and why it should not be required, and a complying proposed order is submitted.

How long does an order without notice last?

Rule 505(b)(2) makes it effective for a fixed period not to exceed 14 days, extendable for good cause for an additional period not to exceed 14 days, or longer if the responding party consents.

What if the moving party does not show up at the hearing?

Rule 505(b)(3) requires the party who obtained the order to proceed with the motion, and requires the court to dissolve the order if the moving party does not.

Can I get more time to respond?

Yes. Rule 505(b)(4) entitles the responding party to a continuance of not more than 14 days, though the temporary order remains in effect until the date of the continued hearing.

How fast must I be served?

Rule 505(b)(5)(B) requires the moving party to serve the motion, affidavits and order within 5 days of entry or 2 days prior to the hearing, whichever is sooner.

Can I move to dissolve the order right away?

Yes. Rule 505(b)(7) allows the responding party on 2 days' notice, or shorter notice set by the court, to appear and move to dissolve or modify, and requires the court to hear and decide the motion as promptly as justice requires.

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: ex parte ordertemporary order without notice14 daysirreparable injurymotion to dissolveexpedited hearingemergency order