(a) Proposed order or judgment. The prevailing party, or other party designated by the court to draft a proposed order or judgment, must serve a copy of the proposed order or judgment on each party and must provide to the clerk sufficient copies for service upon all parties, together with envelopes addressed to each party with sufficient postage attached, unless otherwise ordered by the court.
Rule 2.3.Serving notice of an order or judgment
Title I: General Administration · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 2.3 spells out who drafts and serves a proposed order or judgment, how the clerk must serve the version the court enters, and why a missed mailing rarely revives a late appeal.
Full Text of Rule 2.3
(b) Service of entered order or judgment. Immediately after entering an order or judgment, the clerk of the district court, or magistrates division, must serve a copy of it on every party, with the clerk's filing stamp showing the date of filing. The order or judgment may be served by mailing, emailing, or delivering it to the attorney of record for each party, or if the party is not represented by an attorney, by mailing to the party at the address designated by the prevailing party as most likely to give notice to that party. The clerk must make a note in the court records of the mailing of the entered order. Mailing is sufficient notice for all purposes for which notice of the entry of an order is required by these rules.
(c) Time to appeal not affected by lack of notice. Lack of notice of entry of an order or judgment does not affect the time to appeal or to file a post-judgment motion, or relieve or authorize the court to relieve a party for failure to appeal or file a post-trial motion within the time allowed, except where there is no showing of mailing by the clerk in the court records and the affected party had no actual notice.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
When a party prevails on a motion or a case, Rule 2.3 puts the job of drafting the proposed order or judgment on the prevailing party — or whoever else the court designates — who must serve a copy on every other party and give the clerk enough copies, plus addressed and stamped envelopes, to serve everyone, unless the court orders a different process.
Once the court enters the order or judgment, the clerk takes over: the clerk must promptly serve a filing-stamped copy on every party, whether by mail, email, or delivery to the attorney of record or, for a self-represented party, to the address that party designated as most likely to reach them. The clerk records the mailing in the court file, and that mailing counts as sufficient notice for every purpose under the rules.
The last piece of the rule addresses what happens when notice goes wrong: a party's failure to receive notice of the entered order or judgment generally does not extend the deadline to appeal or to file a post-judgment motion, and a court cannot excuse a missed deadline on that basis. The one exception is when the court records show no mailing ever happened and the affected party had no actual notice of the order.
Frequently Asked Questions
Who has to prepare the proposed order after I win a motion?
The prevailing party normally drafts it, unless the court designates someone else to do so.
How will I find out that the judge signed my proposed order or entered judgment?
The clerk must serve a filing-stamped copy on every party by mail, email, or delivery, and note the mailing in the court records.
If I never received a mailed copy of the judgment, does my appeal deadline still run?
Usually yes — lack of notice doesn't extend the appeal deadline, unless the court records show no mailing occurred at all and you truly had no actual notice.
What happens if I don't have an attorney of record?
The clerk serves you directly at the address you designated as most likely to give you notice.
Do I need to provide envelopes when I submit a proposed order to the court?
Yes, along with enough copies for the clerk to serve every party, unless the court orders otherwise.
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: idaho proposed order service ruleclerk serving entered judgment idahoappeal deadline lack of notice idahoidaho rule 2.3 explained