The filing fee prescribed by Appendix "A" to these rules must be paid before the filing of a pleading or motion listed in the filing fee schedule. Any waiver of the filing fee must be made by the court upon verified application of a party and no filing fee is required for this application. Provided, the filing fee is automatically waived in any case in which a party is represented by an attorney volunteering through the Idaho Law Foundation Volunteer Lawyers Program, the University of Idaho Legal Aid Clinic, the Idaho Legal Aid Program, or an attorney under a private attorney contract with Legal Aid.
Rule 10.1.Filing fee -- waiver
Title III: Pleadings; Motions; Scheduling · Last amended April 23, 2026 · Last verified July 14, 2026
In one sentenceRule 10.1 requires payment of the scheduled filing fee before the clerk accepts a pleading or motion, subject to court-approved waivers and an automatic waiver for parties represented through designated legal aid programs.
Full Text of Rule 10.1
Amendment History
(Adopted March 1, 2016, effective July 1, 2016; Amended effective April 23, 2026.)
Plain-English Summary
Before the clerk will file most pleadings or motions, the party filing them has to pay the fee set out in the court's fee schedule (Appendix A to these rules). This rule ties the act of filing to the act of paying, so the fee comes due at the courthouse counter rather than sometime later.
The rule also builds in relief for people who cannot afford the fee. A party can ask the court to waive it by filing a verified application, and that application itself costs nothing to file. Separately, the fee is waived automatically whenever an attorney is representing the party through one of several named volunteer or legal-aid programs, so those clients and their pro bono lawyers do not need to file a waiver application at all.
Frequently Asked Questions
Do I have to pay a fee every time I file something in a civil case?
No. Rule 10.1 only requires payment for the pleadings and motions listed in the court's filing fee schedule, found in Appendix A. Many routine papers filed after the case is underway do not carry their own fee.
What happens if I cannot afford the filing fee?
You can ask the court to waive it. Rule 10.1 lets a party file a verified application asking for a fee waiver, and there is no charge to file that application. A judge decides whether to grant it.
Is the fee automatically waived if I have a volunteer lawyer?
Yes, in specific situations. If your attorney is volunteering through the Idaho Law Foundation Volunteer Lawyers Program, the University of Idaho Legal Aid Clinic, the Idaho Legal Aid Program, or is under a private attorney contract with Legal Aid, the filing fee is waived automatically without a separate application.
Who decides whether to grant a fee waiver?
The court does. Rule 10.1 requires that any waiver of the filing fee, apart from the automatic waivers for qualifying legal aid representation, be granted by the court after reviewing a verified application from the party.
Where do I find out how much the filing fee is?
The amounts are set out in Appendix A to the Idaho Rules of Civil Procedure, referenced directly in Rule 10.1. The schedule lists which pleadings and motions carry a fee and what that fee is.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: filing fee waivercourt filing fee Idahofee waiver applicationin forma pauperis Idaholegal aid filing feeappendix A fee schedule