IDAHO RULES OF FAMILY LAW PROCEDUR

1 IDAHO RULES OF FAMILY LAW PROCEDURE IDAHO RULES OF FAMILY LAW PROCEDURE TABLE OF CONTENTS SECTION I: GENERAL ADMINISTRATION Rule 101. Scope of RULES .. 1 Rule 102. Applicability of Other RULES .. 1 Rule 103. Definitions .. 2 Rule 104. Time .. 2 Rule 105. Change of Venue .. 4 Rule 106. 5 Rule 107. Disqualification of Judge Without Cause .. 6 Rule 108. Disqualification for Cause .. 7 Rule 109. Voluntary Disqualification .. 8 Rule 110. Disqualification and Assignment of New Judge .. 8 Rule 111. Change of Attorneys .. 8 Rule 112. Appearance and Withdrawal of Counsel .. 9 Rule 113. Capacity to Sue or Be Sued .. 10 Rule 114. Infants or Incompetent Persons .. 10 Rule 115. Public Access to Proceedings Trials and Hearings.

2 10 Rule 116. Oaths and Affirmations; Written Certification; Unsworn Foreign Declarations .. 11 Rule 117. Conduct of Proceedings .. 13 Rule 118. Telephonic Appearance .. 13 Rule 119. Participation of Children in Proceedings .. 14 Rule 120. Dismissal of Inactive Cases .. 15 Rule 121. Dismissal of Active Cases - Voluntary Dismissal - Effect Thereof By Petitioner By Stipulation .. 15 Rule 122. Dismissal by Order of 16 Rule 123. Involuntary Dismissal - Effect Thereof .. 16 Rule 124. Costs of Previously Dismissed Action .. 16 Rule 125. Withdrawal of Files .. 17 Rule 126. IDAHO Child Support Guidelines **SEPARATE DOCUMENT** Rule 127. Reclaiming Exhibits, Documents and Property .. 17 SECTION II: PLEADINGS Rule 201.

3 Commencement of Action .. 18 Rule 202. Real Party in Interest .. 19 Rule 203. Pleadings Allowed .. 19 Rule 204. Service on the Opposing Party or Additional Parties of Initial Pleadings .. 20 Rule 205. Mandatory Responsive Filings and Service of Responsive 24 Rule 206. General or Special Appearance .. 26 Rule 207. Form of Pleading .. 27 Rule 208. General RULES of Pleading .. 28 Rule 209. Counterclaims and Cross-claims .. 30 Rule 210. Third party practice .. 31 Rule 211. Intervention .. 32 Rule 212. Signing of Pleadings, Motions, Other Papers; Sanctions; Electronic Signatures . 33 Rule 213. Verification .. 34 Rule 214. Amended and Supplemental Pleadings Amendments .. 34 Rule 215. Amendments to Conform to the Evidence.

4 34 Rule 216. Relation Back of Amendments .. 35 Rule 217. Supplemental Pleadings .. 35 Rule 218. Privacy Protection for Filings Made with the Court .. 35 SECTION III: DEFAULTS Rule 301. Default Entry .. 38 Rule 302. Default proof - Time limitation .. 38 Rule 303. Actions at Issue - Not Default .. 38 Rule 304. Default Judgment by the Court or Clerk .. 38 Rule 305. Default Judgment by the Court - Persons Exempt From .. 39 Rule 306. Setting Aside Default Judgment .. 39 Rule 307. Petitioners, Counterclaimants, Cross-Claimants Covered by Dflt. Jdgmn t Rule 39 Rule 308. Judgment Against the State .. 40 SECTION IV: DISCLOSURE AND DISCOVERY Rule 401. Mandatory Disclosure in Contested Proceedings .. 41 Rule 402. Additional Discovery.

5 44 Rule 403. Trial Preparation Materials .. 44 Rule 404. Trial Preparation Experts .. 45 Rule 405. Experts Not Expected as Witnesses .. 46 Rule 406. Fees of Expert Apportionment .. 46 Rule 407. Privileged Information Withheld .. 46 Rule 408. Privileged Information Produced .. 46 Rule 409. Protective Orders .. 47 Rule 410. Sequence and Timing of Discovery .. 47 Rule 411. Signing of Discovery Requests, Responses, and Objections .. 48 Rule 412. (Intentionally Left Blank) .. 48 Rule 413. Uniform and Non-Uniform Interrogatories; Limitations; Procedure .. 49 Rule 414. Scope - Use of Interrogatories at Trial or on Motions .. 50 Rule 415. Option to Produce Records .. 51 Rule 416. Production of Documents and Things; Entry On Land.

6 51 Rule 417. (Intentionally Left Blank) .. 52 Rule 418. Persons not Parties .. 52 Rule 419. Notice of Filing and Notice of Compliance .. 52 Rule 420. Requests for Admission .. 53 Rule 421. Effect of Admission .. 54 Rule 422. Non-filing of Requests for Admission and Responses .. 54 Rule 423. Use of Admissions in Court .. 54 Rule 424. Subpoena for Taking Depositions - Place of Examination .. 55 Rule 425. Depositions - Attendance Where Required .. 55 Rule 426. Depositions Before Action .. 55 Rule 427. Depositions Pending Appeal .. 56 Rule 428. Perpetuation by Action .. 57 Rule 429. Persons Before Whom Depositions May Be Taken .. 57 Rule 430. Depositions Upon Oral Examination .. 58 Rule 431. Submission to Witness - Changes Signing.

7 61 Rule 432. Certification by Officer and Non-filing Exhibits .. 62 Rule 433. (Intentionally Left Blank) .. 62 Rule 434. Notice of Preparation of Transcript; Filing Notice of Mailing .. 62 Rule 435. Use of Deposition .. 63 Rule 436. Exhibits to Depositions .. 63 Rule 437. Failure to Attend .. 63 Rule 438. Expenses .. 64 Rule 439. Use of Depositions .. 64 Rule 440. Objections to Admissibility .. 65 Rule 441. Effect of Errors and Irregularities in Depositions .. 65 Rule 442. Physical, Mental and Vocational Evaluations of Persons .. 66 Rule 443. Sanctions for Violation of Orders - Motion for Order Compelling Discovery .. 66 Rule 444. Failure to Comply With Discovery Order Sanctions .. 68 Rule 445. Expenses on Failure to Admit.

8 69 Rule 446. Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection .. 69 Rule 447. General Sanctions - Failure to Comply With Any Order .. 69 Rule 448. Expenses Against State of IDAHO .. 70 SECTION V: MOTIONS AND INJUNCTIONS Rule 501. Motion Practice .. 71 Rule 502. Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on Pleadings When Presented .. 72 Rule 503. Successive Applications for Orders or Writs - Motions for Reconsideration .. 74 Rule 504. Motions for Temporary Orders Mandatory Disclosure .. 74 Rule 505. Summary Judgment .. 76 Rule 506. Declaratory Judgments .. 77 Rule 507. Injunctions - Preliminary Injunction.

9 78 Rule 508. Temporary Restraining Order - Notice - Hearing Duration .. 78 Rule 509. Form and Scope of Injunction or Restraining Order .. 78 Rule 510. Grounds for Preliminary Injunction .. 79 Rule 511. Bond or Notice Discretionary in Prohibitive or Mandatory Orders .. 80 Rule 512. Security Given With Injunction or Restraining Order .. 80 Rule 513. Evidence on Motions .. 80 SECTION VI: ALTERNATIVE DISPUTE RESOLUTION Rule 601. Alternative Dispute Resolution Screening .. 81 Rule 602. Mediation of Child Custody and Visitation Disputes .. 82 Rule 603. Mediation of Other Matters .. 86 SECTION VII: PRE-TRIAL AND TRIAL PROCEDURE Rule 701. Scheduling and Planning Conferences Objectives .. 89 Rule 702. Scheduling and Planning Order.

10 89 Rule 703. Subjects to be Discussed at Scheduling and Planning Conferences .. 90 Rule 704. Final Pre-trial Procedure - Formulating Issues .. 91 Rule 705. Pre-trial Stipulation .. 92 Rule 706. Pre-trial Order .. 93 Rule 707. Judicial Notice of Facts and Foreign Law .. 93 Rule 708. Objections to Pre-Trial Order .. 94 Rule 709. Exhibits and Witness Disclosure .. 94 Rule 710. Sanctions for Failure to Comply with Pre-trial Orders .. 94 Rule 711. Subpoenas .. 94 Rule 712. Evidence at Trial .. 97 Rule 713. Informal Trial .. 98 Rule 714. Separate trials .. 99 Rule 715. View of Premises, Property or Things .. 99 Rule 716. Appointment of Parenting Coordinator in Child Custody/Visitation Disputes .. 100 Rule 717. Supervised Access to Children.