IDAHO RULES OF CIVIL PROCEDURE

 

Introduction

 

In the state of Idaho, no process server license is required. A subpoena may be served by an officer authorized by law to serve process, or by any individual who is not a party and is at least eighteen years of age. Service of a subpoena upon a defendant 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 day's attendance and the total mileage allowed by law. Further noting, 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, an officer, or agency thereof, fees and mileage need not be issued. After an officer completes service of process, an officer's certificate of service must be written (an affidavit). When an individual completes service of process it must also be returned with an affidavit of such person of its service.

If a service of a summons is not issued upon the defendant within six months after the original filing of the complaint, the action shall be dismissed. In addition, Idaho sheriffs often require a authorized letter of instruction from the plaintiffs attorney.

 

Rules

 

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.)

 

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.

 

 

 

In Idaho, lobbyists and state officials are always active in transforming laws concerning civil procedure. As a result, state information offered on our website may have been amended recently. For contemporary process serving and civil statutes, visit the official Idaho Judicial System Court website: http://www.isc.idaho.gov/