Full question:
I'm confused about the difference between service of process and the service of motions and other pleadings after the initial case is filed and properly served in Idaho. Specifically, is it proper under Idaho rules for a plaintiff to personally serve (as opposed to hiring a process server to serve) defendant or defendant's attorney by mail or in person, pleadings and motions and other papers after the summons and copy of complaint are properly filed and served? The Idaho Rules of civil procedure are available online at: http://www.isc.idaho.gov/rules/civilidx.htm rules 4 and 5 appear to be relevant.
- Category: Civil Actions
- Subcategory: Service
- Date:
- State: Idaho
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful. Your understanding of Rules 4 and 5 is correct. The summons and complaint must be served by a process server or someone over eighteen who is not a party to the action. After that, any pleadings, motions, or other papers can be served to the defendant's attorney (or the defendant if they do not have an attorney) by anyone, or they can be mailed.
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