The parties to any action may present to the court a stipulation as to any procedural matter involved in any proceeding, including a stipulation to vacate or continue a hearing or trial, but the stipulation is to be considered as a joint motion by the parties to the court for its consideration, and is not binding on the court. The court may approve or disapprove the stipulation in the same manner as the court rules on a motion. The court may by oral or written notice to the parties limit the time within which a motion or stipulation to vacate or continue a hearing or trial must be made in order to be considered by the court.
Rule 2.5.Stipulations not binding on court -- continuance of trial or hearing
Title I: General Administration · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 2.5 lets parties present the court with a stipulation on any procedural matter, including a joint request to vacate or continue a hearing or trial, but treats that stipulation as a motion the court can approve or reject.
Full Text of Rule 2.5
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Parties often agree between themselves on procedural questions: pushing back a hearing date, extending a deadline, or handling some other housekeeping matter in the case. Rule 2.5 lets them bring that agreement to the court as a stipulation. But an agreement between the parties is not an order. The rule treats the stipulation as a joint motion, something the parties are asking the court to do, and the judge decides whether to grant it the same way the judge would rule on any other motion.
That means a stipulation to continue a trial does not move the trial date by itself. The court still reviews it and can approve or turn it down. The rule also gives the court a tool to keep scheduling under control: a judge can set, by oral or written notice, a cutoff for when a motion or stipulation to vacate or continue a hearing or trial must be filed to even be considered. Parties who wait past that point may find the court will not take up their agreement at all.
Frequently Asked Questions
What is a stipulation under Rule 2.5?
It is an agreement between the parties on a procedural matter in the case, such as continuing a hearing or trial, that they submit to the court for its consideration. Rule 2.5 treats the filed stipulation as a joint motion rather than a self-executing agreement.
If both sides agree to continue a trial, does the court have to go along with it?
No. Rule 2.5 says the stipulation is not binding on the court. The judge reviews it and may approve or disapprove it in the same manner as any other motion.
Can parties reschedule a hearing on their own without telling the court?
No. Even when both sides agree, the rule requires the agreement to be presented to the court as a stipulation, and the hearing or trial date does not change until the court acts on it.
Can a court set a deadline for filing a stipulation to continue a hearing?
Yes. Rule 2.5 authorizes the court to limit, by oral or written notice to the parties, the time within which a motion or stipulation to vacate or continue a hearing or trial must be made in order to be considered.
What kinds of procedural matters can be handled by stipulation under this rule?
The rule is not limited to continuances. It covers any procedural matter involved in a proceeding, with vacating or continuing a hearing or trial named as one example.
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: stipulation to continue trial idahoagree to postpone hearingjoint motion to continueidaho stipulation ruleagreement to vacate hearing date