(a) Appearance in court not required. When an attorney is serving as a legislator while the legislature is in general or special session, the attorney is not required to appear at any trial or other proceeding.
Rule 5.1.Attorney legislators
Title II: Commencement of Action; Service · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 5.1 excuses attorneys who serve in the Idaho Legislature from court appearances and gives them extra filing time while the legislature is in session, subject to an emergency process that protects the opposing party.
Full Text of Rule 5.1
(b) Extension of time for filing; Statute of limitation not tolled. The time within which the attorney would normally be required to file any pleading or other paper is extended for a period of ten days following adjournment of the session of the legislature. The extension of time does not toll or otherwise extend the running of any limitation period provided by statute.
(c) Emergency provisions. On a motion supported by affidavit, the court may order, ex parte, that the attorney-legislator appear or make arrangements for another attorney to represent the attorney-legislator's clients in the matter if the court finds that:
(1) an emergency exists,
(2) that the party will be unduly prejudiced, or
(3) irreparable damage will accrue.
The order must be served on the attorney-legislator by certified mail addressed to the attorney at the legislature.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Idaho's legislature meets part-time, and some of its members practice law. Rule 5.1 addresses that conflict directly: while the legislature is in general or special session, an attorney-legislator does not have to appear at trial or any other proceeding, and gets ten extra days after the session ends to file any pleading or paper that would otherwise be due. That extension buys time in the case itself, but it does not touch the underlying claim — any statute of limitations keeps running on its normal schedule no matter what the legislature is doing.
The rule also gives the opposing party a way out if the delay would cause real harm. On a motion backed by an affidavit, and without advance notice to the attorney-legislator, the court can order the attorney to appear anyway or arrange for another lawyer to cover the matter — but only after finding an emergency, undue prejudice to the party, or irreparable damage. Any such order has to be served on the attorney-legislator by certified mail sent to the legislature.
Frequently Asked Questions
Why does Idaho excuse legislator-attorneys from court appearances?
Because serving in the legislature and representing clients in court can happen at the same time, and Rule 5.1 keeps that conflict from forcing an attorney to choose between the two.
Does the extra filing time also extend the statute of limitations?
No. The ten-day extension applies only to filing deadlines in the case; it does not toll or extend any limitation period set by statute.
Can the opposing party force the attorney-legislator to show up anyway?
Yes, if the court finds an emergency, undue prejudice, or irreparable damage. The request is made by motion supported by an affidavit and can be granted without notice to the attorney.
How is an emergency order under this rule delivered to the attorney?
By certified mail addressed to the attorney at the legislature.
Does this protection apply outside a general or special legislative session?
The rule is tied to the legislature being in general or special session — it covers appearances and deadlines that fall during that period.
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 legislator attorney court appearancelegislative continuance idaho lawyerattorney legislator extension of timeidaho rule 5.1 legislature sessionlawyer serving in legislature court deadline