Rule 7.Pleadings allowed; form of motions and other papers

Title III: Pleadings; Motions; Scheduling · Last amended July 1, 2016 · Last verified July 14, 2026

In one sentenceRule 7 lists the only pleadings allowed in an Idaho civil case and lays out the requirements and deadlines for making, filing, serving, and briefing motions.

Full Text of Rule 7

Text sizeJump to: (a) (b)

(a) Pleadings. Only these pleadings are allowed:

(1) a complaint;

(2) an answer to a complaint;

(3) an answer to a counterclaim designated as a counterclaim;

(4) an answer to a cross claim;

(5) a third party complaint;

(6) an answer to a third party complaint; and

(7) if the court orders one, a reply to an answer.

(b) Motions and other papers.

(1) In general. A request for a court order must be made by motion. That motion must:

(A) be in writing unless made during a hearing or trial;

(B) state with particularity the grounds for the relief sought including the number of the applicable civil rule, if any;

(2) Proposed order. A proposed form of order, if included, must be a separate document.

(3) Filing and serving motions, affidavits and briefs; Time limits.

(A) A written motion, affidavit(s) supporting the motion, memoranda or briefs supporting the motion, if any, and, if a hearing is requested, the notice of hearing for the motion, must be filed with the court and served so as to be received by the parties at least 14 days prior to the day designated for hearing.

(B) Affidavit(s) opposing the motion and opposing memoranda or briefs, if any, must be filed with the court and served so as to be received by the parties at least 7 days before the hearing.

(C) The moving party may file a reply brief or memorandum, which must be filed with the court and served so as to be received by the parties at least 2 days prior to the hearing.

(D) The moving party must indicate on the face of the motion whether oral argument is desired. If a brief or memorandum is not filed with the motion, the motion must indicate on the face of the motion whether the party intends to file a brief or memorandum supporting the motion.

(E) If the moving party does not request oral argument or does not timely file a supporting memorandum or brief, the court may deny the motion without further notice if it determines the motion does not have merit.

(F) If oral argument has been requested on any motion, the court may deny oral argument by written or oral notice from the court at least 1 day prior to the hearing. The court may limit oral argument at any time.

(G) If the office of the presiding judge is outside of the county in which the action is pending, the parties must simultaneously provide a copy of any notice, motion, affidavit, brief, or other document relating to a motion to the presiding judge in addition to filing the materials with the court of record.

(H) Any exception to the time limits in this rule may be granted by the court for good cause shown. If time does not permit a hearing or response on a motion to extend or shorten time, the court may rule without opportunity for response or hearing.

(I) The time limits in this rule do not apply to motions and other matters if a different time limit is provided by statute or by another rule of civil procedure.

Amendment History

(Adopted March 1, 2016, effective July 1, 2016.)

Plain-English Summary

Rule 7 keeps the list of pleadings short: a complaint, an answer, an answer to a counterclaim or cross-claim, a third-party complaint and its answer, and — only if the court orders one — a reply. Nothing else counts as a pleading. Anything else a party wants from the court, from an extension to a dismissal, comes through a motion instead.

A motion must be in writing unless made during a hearing, must spell out the grounds and the specific rule it relies on, and must state exactly what relief it seeks. Any proposed order goes in its own separate document rather than inside the motion.

The rule builds a briefing calendar around the hearing date: the motion and any supporting affidavits or briefs must reach the other parties at least 14 days before the hearing, opposition papers are due at least 7 days before, and a reply brief is due at least 2 days before. Parties must say up front whether they want oral argument, and a court can deny a motion without a hearing if the moving party skips argument or does not timely brief it and the court finds no merit. The court can excuse any of these deadlines for good cause, and none of them displace a different deadline set by statute or another civil rule.

Frequently Asked Questions

What counts as a pleading versus a motion?

Pleadings are limited to the complaint, the answer, an answer to a counterclaim or cross-claim, a third-party complaint and answer, and a court-ordered reply. Anything else asking the court to act — like a request to extend time or dismiss a claim — is a motion, not a pleading.

How far in advance of a hearing do I need to file my motion?

The motion, any supporting affidavits, and any brief must be filed and served so the other parties receive them at least 14 days before the hearing date.

When is my opposition to a motion due?

Opposing affidavits and briefs must be filed and served so they are received at least 7 days before the hearing.

Do I have to ask for oral argument to get a hearing on my motion?

The moving party has to state on the motion whether it wants oral argument. If argument is not requested, or a supporting brief is not timely filed, the court may deny the motion without further notice if it finds no merit.

Can the court cancel oral argument I already requested?

Yes. The court can deny requested oral argument with written or oral notice at least one day before the hearing, and it can limit argument at any point.

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

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