Rule 704.Pretrial Memorandum or Pretrial Stipulation

Part VII. Pre-Trial and Trial Procedure · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 704 lists what a pretrial memorandum must contain and what a pretrial stipulation adds when the parties skip the conference.

Full Text of Rule 704

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

(a) Contents of a Pretrial Memorandum. The pretrial memorandum must include the following:

(1) a concise description of the nature of the action;

(2) a statement of all claims, including defenses;

(3) any admissions or stipulations of the parties;

(4) any amendments to the pleadings and any issues of law abandoned by any of the parties;

(5) a statement of the issues of fact which remain to be litigated at the trial, and any dispute as to whether such issues are formed by the pleadings;

(6) a statement of the issues of law which remain to be litigated at the trial;

(7) points and authorities on remaining issues of law;

(8) a list of the names and addresses of all witnesses which each party may call to testify at the trial, including known impeachment witnesses, and a brief statement of their anticipated testimony;

(9) where property or debt division is at issue, a completed “Form 1” as found in the Appendix of these rules or a Property and Debt Schedule containing comparable information;

(10) where child support is at issue, a completed Affidavit Verifying Income and proposed child support calculations; and

(11) where child custody is at issue, a proposed parenting plan.

(b) Pretrial Stipulation in Lieu of Pretrial Conference. The parties may agree or the court may require the parties to submit a pretrial stipulation in lieu of conducting a final pretrial conference.

(1) all contents required in the pretrial memorandum;

(2) a statement that the parties or attorneys have produced for examination all exhibits required to be produced at the final pretrial conference;

(3) a proposed exhibit list;

(4) a statement that the parties or attorneys will not offer any exhibits at the trial other than those listed in subsection (3), except when offered for impeachment purposes or when otherwise permitted by the court in the interest of justice;

(5) a statement that the parties or attorneys have in good faith discussed settlement unsuccessfully;

(6) a statement that all disclosures and discovery procedures under the Rules dealing with disclosure, discovery and subpoena section have been completed except that the parties may show good cause for the entry of an order allowing such discovery procedures to be taken within a specific time before trial;

(7) a statement that all answers or supplemental answers to interrogatories under Rule 405 reflect facts known as of the date of the stipulation;

(8) a statement that all other undisclosed witnesses will be excluded from testifying in the trial of the action unless permitted by the court in the interest of justice; and

(9) a proposed pretrial order consistent with the parties’ stipulations.

End

Rule History

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

Plain-English Summary

Rule 704 supplies the contents Rule 703 calls for.

The memorandum

Eleven items: a concise description of the nature of the action; a statement of all claims, including defenses; any admissions or stipulations; any amendments to the pleadings and issues of law abandoned; a statement of the issues of fact remaining to be litigated, and any dispute about whether the pleadings form them; a statement of the issues of law remaining; points and authorities on those issues; and a list of the names and addresses of all witnesses, including known impeachment witnesses, with a brief statement of their anticipated testimony.

Then three that are particular to family law:

where property or debt division is at issue, a completed Form 1 from the Appendix, or a Property and Debt Schedule with comparable information;
where child support is at issue, a completed Affidavit Verifying Income and proposed child support calculations;
where child custody is at issue, a proposed parenting plan.

These three are the ones the court actually works from at trial, and they map onto Rule 401's mandatory disclosures and Rule 120's guidelines.

The stipulation

The parties may agree, or the court may require them, to submit a pretrial stipulation in lieu of conducting a final pretrial conference. It carries everything the memorandum requires, plus nine more:

a statement that the parties have produced for examination all exhibits required at the conference;
a proposed exhibit list;
a statement that no other exhibits will be offered except for impeachment or as the court permits in the interest of justice;
a statement that the parties have in good faith discussed settlement unsuccessfully;
a statement that all disclosure and discovery is complete, except on a showing of good cause for an order allowing specified discovery within a set time before trial;
a statement that all interrogatory answers reflect facts known as of the date of the stipulation;
a statement that all other undisclosed witnesses will be excluded unless the court permits otherwise in the interest of justice; and
a proposed pretrial order consistent with the stipulations.

The stipulation is heavier than the memorandum because it replaces the conference: the parties are certifying to the court what the judge would otherwise have confirmed from the bench.

Frequently Asked Questions

What goes in a pretrial memorandum?

Rule 704(a) requires a concise description of the action, a statement of all claims including defenses, admissions or stipulations, amendments and abandoned issues, the remaining issues of fact and law, points and authorities, a witness list with anticipated testimony, and the family-law attachments for property, support and custody.

What attachments are required in a property case?

Rule 704(a)(9) requires a completed Form 1 from the Appendix of these rules, or a Property and Debt Schedule containing comparable information, where property or debt division is at issue.

What is required in a custody or support case?

Rule 704(a)(10) requires a completed Affidavit Verifying Income and proposed child support calculations where child support is at issue, and Rule 704(a)(11) requires a proposed parenting plan where child custody is at issue.

Can we skip the final pretrial conference?

Rule 704(b) allows the parties to agree, or the court to require them, to submit a pretrial stipulation in lieu of conducting a final pretrial conference.

What does a stipulation add?

Rule 704(c) requires everything in the memorandum plus statements that all exhibits have been produced, a proposed exhibit list, a commitment to offer no other exhibits except for impeachment, confirmation that settlement was discussed in good faith and that discovery is complete, that interrogatory answers are current, that undisclosed witnesses will be excluded, and a proposed pretrial order.

Do I have to list impeachment witnesses?

Yes. Rule 704(a)(8) requires the names and addresses of all witnesses which each party may call to testify at trial, including known impeachment witnesses, and a brief statement of their anticipated testimony.

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: pretrial memorandumpretrial stipulationForm 1property and debt scheduleproposed parenting planexhibit listwitness list