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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.
- 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.
- 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)
- 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.
- 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.)
- 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.
CivilProcedure.info does not
warrant the accuracy of these rules of civil procedure or laws. The rules of civil procedure or laws listed on
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starting point for reference, and
are not meant to be legal advice or
a replacement for legal console.
Please consult a process server in
your area, county, or state if you
have any questions about process
service there.
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