Idaho Rules of Civil Procedure lay down the rules that should be followed by district courts and the magistrate’s divisions of the district courts in Idaho. The rules govern civil actions. The rules are promulgated for the smooth and efficient functioning of state courts. A civil action commences with the filing of a complaint, petition or application. A party who commences the action is called plaintiff or petitioner, and the opposite party is called defendant or respondent. Once a complaint is filed, upon request of the plaintiff/petitioner, the court clerk will issue the required summons to the defendant(s)/respondent(s). A civil action can be classified into various stages that include: pleading stage, discovery stage, trial stage, and judgment stage.
Different types of pleadings in Idaho include: Complaint, Answer to Complaint, Counter claim, Reply to counterclaim, Cross claim, Reply to cross claim, Third party complaint and Third party answer.
Discovery is obtained by parties through:
- oral examination or written questions;
- written interrogatories;
- requests for admission;
- request for production of documents or other information;
- request for permission to enter into land or other property for inspection or other purpose; and/or
- physical and mental examinations.
After commencement of the action, a party may demand for trial by jury. A judgment is passed after trial. The judgment may include a decree or an order upon which an appeal is permissible. Generally, cost of litigation is allowed to the prevailing party as a matter of right.