Rule 509.Joint Preliminary Order and Discretionary Orders
Part V. Motions and Injunctions · Last amended January 1, 2026 · Last verified September 4, 2026
Full Text of Rule 509
Rule History
(Adopted March 29, 2021, effective July 1, 2021; amended November 6, 2025, effective January 1, 2026.)
Plain-English Summary
Rule 509 closes Part V with two short grants of authority.
The joint preliminary order
The court may issue a joint preliminary order in the form authorized by the Idaho Supreme Court. It is the standing order many Idaho family cases open with — a uniform, statewide document binding both parties equally, typically restraining the disposal or encumbrance of property outside the ordinary course, the cancellation of insurance covering the family, and the removal of a child from the state, and directing the parties not to disturb one another.
The point is that it is joint and it is a form. Neither party has to move for it, neither has to show irreparable injury, and neither has been found to have done anything wrong. It costs nothing and prejudges nothing, which is what distinguishes it from Rule 505's order without notice or Rule 506's restraining order.
Because it is a court order, though, its terms are enforceable — Rule 812 contempt and Rule 815 enforcement both reach it.
Discretionary orders
When justice requires, the court may issue, with or without notice, additional orders. The residual authority behind case-specific directions that no other rule names — sealing a particular filing, directing an exchange location, restricting third-party contact — subject to Rule 115's control of proceedings and to the parties' right to be heard.
Rule 509(b) was amended effective January 1, 2026.
Frequently Asked Questions
What is a joint preliminary order?
Rule 509(a) allows the court to issue a joint preliminary order in the form authorized by the Idaho Supreme Court. It is a uniform standing order binding both parties equally, entered without any finding against either.
Do I have to ask for one?
No. Rule 509(a) is a grant of authority to the court, and the order is issued in the Supreme Court's authorized form rather than on a motion showing grounds.
Is it enforceable?
It is a court order, so Rule 812 contempt and Rule 815 enforcement of the terms of orders both reach it.
Can the court issue other orders on its own?
Yes. Rule 509(b) provides that when justice requires, the court may issue, with or without notice, additional orders.
How is this different from a restraining order?
A Rule 506 restraining order runs against one party on a showing of immediate and irreparable injury. A joint preliminary order binds both parties equally in a standard form and requires no such showing.