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Idaho Rules of Civil Procedure

 

 

Because the rules of civil procedure may change from time to time, please check the Idaho Courts website for updated and complete rules of civil procedure in Idaho.

 


 

Rules of Civil Procedure in Idaho:

Rule 4(a). Process - Summons - Issuance - Time limits.

  1. Summons.
    At the request of the plaintiff, the clerk of the district court shall forthwith issue a summons and deliver it for service as provided by Rule 4(c). Upon request of the plaintiff separate or additional summons shall issue against any defendant.
  2. Time Limit for Service.
    If a service of the summons and complaint is not made upon a defendant within six (6) months after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with 14 days notice to such party or upon motion. (Amended June 15, 1987, effective November 1, 1987; amended February 10, 1993, effective July 1, 1993; amended April 19, 1995, effective July 1, 1995.)

Rule 4(c)

  1. By whom served.
    Service of all process shall be made by an officer authorized by law to serve process, or by some person over the age of eighteen (18), not a party to the action. A subpoena may be served as provided in Rule 45.
  2. Executing process.
    The officer or other person executing process need not have in his or her possession the original process, summons, writ, order or subpoena at the time of service of the document. (Adopted March 23, 1990, effective July 1, 1990.)
  3. Service of facsimile or telegraphic copy.
    Any summons, writ, order or other paper requiring service may be transmitted by facsimile machine process or telegraph and the copy transmitted may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority and liability as the original. The original must be filed in the court from which issued. (Amended November 15, 1989, effective January 1, 1990.)

From Amended July 2, 1976, effective October 1, 1976; am. effective July 1, 1977:

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by giving or offering to the person at the same time, if demanded, the fees for one (1) day's attendance and the mileage allowed by law, except that no prepayment tender of fees and mileage shall be necessary to witnesses subpoenaed by the attorney general or any prosecuting attorney on behalf of the state. When the subpoena is issued on behalf of the state or an officer or agency thereof, fees and mileage need not be tendered. When service is by an officer it must be returned with the officer's certificate of service, and when served by any other person it must be returned with an affidavit of such person of its service.


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