When a motion relies on facts outside the record, the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions.
Rule 7.1.Evidence on a motion
Title III: Pleadings; Motions; Scheduling · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 7.1 lets an Idaho court resolve a motion that depends on facts outside the case record through affidavits, live testimony, depositions, or some combination of the three.
Full Text of Rule 7.1
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Some motions turn on facts that never made it into the record — whether service was properly made, or what was said in a settlement conversation. Rule 7.1 gives the court room to handle that kind of dispute without forcing a full trial: it can decide the motion on written affidavits, take live testimony in court, rely on depositions, or mix these approaches as the situation calls for.
The choice of method is left to the court, and it can match the format to what the motion needs. A narrow factual question might be resolved on affidavits alone, while a dispute that turns on credibility might call for testimony taken in person.
Frequently Asked Questions
What kind of motions does Rule 7.1 apply to?
Any motion where the facts the court needs to decide it are not already part of the case record — the rule gives the court a way to develop that missing factual record.
Can the court decide my motion using only written affidavits?
Yes. The rule specifically allows the court to hear the matter on affidavits without requiring live testimony.
Does Rule 7.1 require a full evidentiary hearing?
No. It gives the court discretion to choose affidavits, oral testimony, depositions, or any combination, rather than mandating one particular format.
Can depositions be used instead of live testimony to resolve a motion?
Yes, the rule lists depositions as one of the acceptable ways the court may hear the disputed facts.
Who decides which method the court will use?
The court does. Rule 7.1 does not give either party the right to demand one format over another.
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 motion affidavit hearingevidentiary hearing on motion idahorule 7.1 idaho civil procedurefacts outside the record motion idaho