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Rule 707.Informal Trial

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

In one sentenceRule 707 offers an informal trial for custody and child support in which the rules of evidence and question-and-answer format are waived and the parties speak directly to the judge.

Full Text of Rule 707

Text sizeJump to: (a) (b)

(a) Informal Trial Model for Custody and Child Support. An Informal Trial is an optional alternative trial procedure that is voluntarily agreed to by the parties, attorneys, and the court to try child custody and child support issues. The model requires that the application of the Idaho Rules of Evidence and the normal question and answer manner of trial be waived. Once the waiver is obtained, the matter proceeds to trial by consent as follows:
(1) The moving party is allowed to speak to the court under oath as to his desires as to child custody and child support determination. The party is not questioned by the attorney, but may be questioned by the court to develop evidence required by the Idaho Child Support Guidelines and best interest of the child.
(2) The court then asks the attorney for that party, if any, if there are any other areas the attorney wants the court to inquire about. If there are any, the court does so.
(3) The process is then repeated for the other party.
(4) If there is a Guardian ad Litem or other expert, the expert's report is entered into evidence as the court's exhibit. If either party desires, the expert is sworn and subjected to questioning by the attorney, parties, or the court.
(5) The parties may present any documents they want the court to consider. The court must determine what weight, if any, to give each document. The court may order the record to be supplemented.
(6) The parties are then offered the opportunity to respond briefly to the comments of the other party.
(7) Attorneys or self-represented parties are offered the opportunity to make legal argument.
(8) At the conclusion of the case, the court will make a decision.
(b) Consent and Waiver. The consent to and waiver to the Informal Trial must be given verbally on the record under oath or in writing on a form adopted by the Supreme Court.
End

Rule History

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

Plain-English Summary

Rule 707 is the most distinctive rule in these procedures.

What it is

An optional alternative trial procedure, voluntarily agreed to by the parties, the attorneys, and the court, for trying child custody and child support issues. All three must agree.

The model requires waiving two things: the application of the Idaho Rules of Evidence and the normal question and answer manner of trial. Hearsay objections, foundation requirements, and lawyer-conducted examination all go.

How it runs

Once the waiver is obtained, the matter proceeds by consent:

  • the moving party speaks to the court under oath about what they want on custody and support — not questioned by the attorney, but the court may question to develop the evidence the Rule 120 guidelines and the child's best interest require;
  • the court then asks that party's attorney whether there are other areas to inquire about, and covers them;
  • the process repeats for the other party;
  • any Guardian ad Litem or other expert's report is entered as the court's exhibit, and either party may have the expert sworn and questioned by the attorneys, parties, or court;
  • the parties may present any documents they want considered, with the court deciding what weight to give each, and may be ordered to supplement;
  • the parties are offered a chance to respond briefly to each other's comments;
  • attorneys or self-represented parties make legal argument; and
  • the court makes a decision.

Why it exists

The ordinary trial format asks a parent to make their case through counsel's questions and to have their account tested by opposing counsel's. Rule 707 lets each parent tell the judge directly what they want and why, with the judge — not the lawyers — doing the probing. It shortens hearings, reduces cost, and lowers the temperature between people who will co-parent afterward.

The trade is real: no evidentiary objections, no cross-examination of the other parent, and no appellate argument that inadmissible material was considered. Waiving the rules of evidence waives the error that would flow from them.

Consent

The consent and waiver must be given verbally on the record under oath or in writing on a form adopted by the Supreme Court.

Note the reach: custody and child support only. Property, debt and maintenance are tried in the ordinary way.

Frequently Asked Questions

What is an informal trial?

Rule 707(a) describes an optional alternative trial procedure voluntarily agreed to by the parties, attorneys and the court to try child custody and child support issues, requiring waiver of the Idaho Rules of Evidence and of the normal question and answer manner of trial.

Will I be cross-examined?

No. Rule 707(a)(1) has the party speak to the court under oath, not questioned by the attorney but subject to questioning by the court. Rule 707(a)(2) then lets that party's attorney suggest further areas for the court to inquire about.

What issues can be tried this way?

Rule 707(a) limits the informal trial model to child custody and child support issues.

Can I still submit documents?

Yes. Rule 707(a)(5) allows the parties to present any documents they want the court to consider, with the court determining what weight to give each, and allows the court to order the record supplemented.

What happens to an evaluator's report?

Rule 707(a)(4) enters the report of a Guardian ad Litem or other expert into evidence as the court's exhibit, and allows either party to have the expert sworn and questioned by the attorneys, parties or the court.

How is consent given?

Rule 707(b) requires the consent and waiver to be given verbally on the record under oath or in writing on a form adopted by the Supreme Court.

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: informal trialwaiver of the rules of evidencecustody trialchild support trialconsentalternative trial