IDAHO RULES OF CIVIL PROCEDURE
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.)
(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.)
(1) Summons – Personal service. A copy of the complaint shall be served with the summons, except when the service is by publication as provided in Rule 4(e). The plaintiff shall 1 furnish the person making service with such copies as are necessary. Service shall be made as follows.
(2) Service upon individuals. Upon an individual other than those specified in subdivision (3) of this rule, by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person over the age of eighteen (18) years then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.
(3) Service upon infants and incompetents. Upon a minor less than fourteen (14) years of age, service shall be upon the guardian if one (1) has been appointed, and if there is none then upon either the father or mother, and if neither guardian, father or mother be found within the state then upon any person having the care and custody of such minor, and unless the court otherwise orders, also upon the minor, said service to be in the manner set forth in subdivision (2) of this rule. Upon an incompetent person who has been judicially declared to be of unsound mind or incapable of conducting the incompetent person’s own affairs, service shall be had upon the guardian if one (1) has been appointed in this state, or if there is none by service upon a competent adult member of the family with whom the incompetent person resides, or if the incompetent person is living in an institution then upon the chief executive officer of the institution, or if service cannot be had upon any of them, then as provided by order of the court, and unless the court otherwise orders, also upon the incompetent. If any of the parties upon whom service is directed to be made is a plaintiff, then service shall be upon such other person as the court may designate.
(4) Service upon domestic or foreign corporations.
(A) Upon a domestic or foreign corporation by delivering a copy of the summons and complaint to an officer, managing or general agent, or to any other agent authorized by appointment or by statute of this state to receive service of process, and upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and the complaint to an officer or the managing or general agent of the partnership or association, or to any other agent authorized by appointment or by statute of this state to receive service of process. If service is upon a statutory agent, any statutory requirement as to the number of copies of summons and complaint to be served shall be followed, and if such agent is a state official such service may be made by registered or certified mail, and also, if the statute so requires, by mailing a copy to the defendant.
(B) Whenever any foreign corporation which has qualified in the state by filing with the Secretary of State or a domestic corporation or association shall not have designated a person actually residing in the state upon whom service of process can be made, or whenever such agent of a corporation shall resign, be removed from office, or shall have died or shall have moved from the state, or if after due diligence neither the designated agent of the corporation nor any officer or managing agent of the corporation can be found within the state, then service of any summons and complaint against the corporation may be made by the party serving the same by mailing copies of the summons and complaint by registered or certified mail to the corporation addressed to its registered place of business and to the president or secretary of the corporation at the addresses shown on the most current annual statement filed with the Secretary of State. Service shall be complete upon such mailing by certified or registered mail. The party or attorney serving the corporation under this paragraph shall make a return certificate indicating compliance with the provision of this rule and attaching a receipt of the mailing. (Amended effective July 1, 1977; amended April 11, 1979, effective May 1, 1979.)
(5) Service upon state, agencies or governmental subdivisions. Upon the state of Idaho, or any agency thereof, service shall be made by delivering two (2) copies of the summons and complaint to the attorney general or any assistant attorney general. Upon any other governmental subdivision, municipal corporation, or quasi-municipal corporation or public board service shall be made by delivering a copy of the summons and complaint to the chief executive officer or the secretary or clerk thereof. In all actions brought under specific statutes requiring service to be made upon specific individuals or officials, service shall be made pursuant to the statute in addition to service as provided above. (Amended effective July 1, 1977.)
(6) Receipt of service. In lieu of service upon an individual as provided above in this rule, service may be accomplished by an acknowledged written admission by the individual that the individual has received service of process, stating the capacity in which such service of process was received.
(1) Summons – Other service. Whenever a statute of this state provides for service of a summons, or of a notice, or of an order in lieu of summons, upon a party not an inhabitant of, or found within the state, or upon unknown persons, service shall be made under the circumstances and in the manner prescribed by the statute. Personal service outside of the state, when authorized by statute, shall be as provided by Rule 4(d). Whenever the summons, notice or order is served by publication it shall contain in general terms a statement of the nature of the grounds of the claim, and copies of the summons and complaint shall be mailed to the last known address most likely to give notice to the party.
(2) Service – Completion. Personal service within or without the state is complete on the date of delivery; service by publication is complete upon the date of the last publication.
Rule 4(f). Territorial limits of effective service. All process, other than a subpoena, may be served anywhere within territorial limits of the state and, when a statute or rule so provides, beyond the territorial limits of the state. A subpoena may be served as provided in rule 45.
Rule 4(g). Return. Proof of service of process shall be in writing specifying the manner of service, the date and place of service and unless the party served files an appearance the return must be filed with the court:
(1) If service is made by a sheriff, or deputy sheriff, or any peace officer or court marshal, anywhere within the state of Idaho, then by certificate of the officer indicating service as required by these rules.
(2) If service is by any person other than those specified in (1) above, then by affidavit of such person indicating the person is over the age of 18 years and service as required by these rules.
(3) If service is by mailing, not requiring proof of receipt, then by affidavit of mailing by a person over the age of 18 years who mailed such service indicating the documents mailed and the date and address to which they were mailed.
(4) If service is by certified or registered mail, then by affidavit of a person over the age of 18 years who mailed such process together with postal receipts indicating whether the person received the service of process by mail.
(5) If service is by publication, then by affidavit of the publisher of the newspaper, or the publisher’s designated agent over the age of 18 years, stating the dates of publication and attaching a true copy of the publication.
(6) In lieu of any of the above, the party’s acknowledged written admission that service of process was received, as provided by rule 4(d)(6).
(7) The return of service shall list and identify all documents served.
(Amended effective July 1, 1977; amended March 23, 1990, effective July 1, 1990; amended August 22, 1990, effective August 22, 1990.)
Rule 4(h). Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial right [rights] of the party against whom the process issued.
Rule 5(a). Service and filing of pleadings and other papers – Service – When required. Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, brief and memorandum of law, and similar paper shall be served upon each of the parties affected thereby, but no service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.
(2) Service of subpoena. A subpoena may be served by an officer authorized by law to serve process or by any other person who is not a party and is not less than eighteen (18) years of age. 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.
(Amended July 2, 1976, effective October 1, 1976; am. effective July 1, 1977.)
(1) Subpoena for taking depositions – Place of examination. Proof of service of a notice to take a deposition as provided in Rules 30 and 31, or the presentation of a stipulation for the taking thereof, constitutes a sufficient authorization for the issuance by the clerk of the district court for the county in which the action is pending, or by the clerk of the district court for the county in which a deposition is being taken to be used in an action pending in another state or country, of subpoenas for the person named or described therein. The subpoena may command the person to whom it is directed to produce designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 26(b), but in that event the subpoena will be subject to the provisions (subject to the provisions) of Rule 30 and subdivision (b) of this Rule 45, except that if the action is pending out of the state, the court issuing the subpoena shall have the authority to enforce such rules.
(2) Depositions – Attendance where required. A resident of the state may be required to attend an examination only in the county wherein the resident resides or is employed or transacts business in person. A nonresident of the state may be required to attend in any county of the state wherein the nonresident is served with a subpoena.
Rule 45(e). Subpoena for a hearing or trial. At the request of any party subpoenas for attendance at a hearing or trial shall be issued as provided by Rule 45(a), and such subpoenas for a hearing or trial in a district court or magistrates division may be served at any place within the state.
Rule 45(f). Contempt for nonobedience of subpoena. Failure by any person without adequate excuse to obey a subpoena served upon the person may be deemed a contempt of the court from which the subpoena issued, in addition to the penalties provided by law.