If an original pleading or paper is lost, the court may authorize a copy of it to be filed and used instead of the original.
Rule 2.9.Lost papers
Title I: General Administration · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 2.9 lets a court authorize a copy of a lost original pleading or paper to be filed and used in its place.
Full Text of Rule 2.9
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Documents get lost. An original complaint, motion, or other paper can go missing from a file over the years, or a copy meant for the court record never makes it into the file. Rule 2.9 gives the court a simple way to keep the case moving without the original: it may authorize a copy to be filed and used in place of the lost document.
The rule does not spell out a detailed procedure for making this request, leaving the mechanics to the court's discretion and the practice of the parties, which typically means asking the court by motion and showing that the original cannot be located. This flexibility matters most for older case files, where an original pleading might have gone missing long after the case was filed, or for exhibits and papers that were part of the proceeding but cannot be produced when they are needed again.
Frequently Asked Questions
What happens if the original complaint or pleading in my case has been lost?
Rule 2.9 lets the court authorize a copy to be filed and used instead of the missing original, so the case is not held up because the original document cannot be located.
Do I need the court's permission before filing a copy in place of a lost original?
Yes. The rule requires the court to authorize the substitution; a party cannot decide on its own that a copy will stand in for the missing original.
Does Rule 2.9 apply only to pleadings, or to other papers as well?
It covers any pleading or paper that is lost, not just the complaint or answer, so it can apply to motions, briefs, or other filings that go missing from the record.
How do I ask a court to authorize use of a copy under Rule 2.9?
The rule does not prescribe a specific procedure, so the usual approach is to bring the request to the court's attention, generally by motion, explaining that the original cannot be located and asking the court to authorize the copy.
Is there a deadline for asking the court to allow a copy to replace a lost original?
Rule 2.9 sets no deadline. Because the loss of a document can surface at any point in a case, the rule leaves the timing to when the problem is discovered and brought to the court.
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: lost pleading idaho courtmissing court document copyreplace lost original filingidaho rule 2.9 lost paper