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Is it proper under Idaho rules for a plaintiff to personally serve defendant or defendant's attorney?

Is it proper under Idaho rules for a plaintiff to personally serve defendant or defendant's attorney?

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: 04/07/2025
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 reading of Rules 4 & 5 is the same as mine. Summons and complaint served by a process server or someone over 18 not a party to the action. Everything else following that can be handed to the defendant's attorney (or defendant, if no attorney) by anyone, or mailed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the rule 5 in Idaho?

Rule 5 of the Idaho Rules of Civil Procedure outlines the requirements for serving pleadings and other papers after the initial service of process. It states that these documents can be served by mail or in person to the opposing party or their attorney. Unlike initial service, which must be done by a process server or someone not involved in the case, subsequent documents can be served by anyone. This makes it easier for parties to communicate during the legal process.

What are the rules for service of process in Idaho?

In Idaho, service of process is governed primarily by Rules 4 and 5 of the Idaho Rules of Civil Procedure. Rule 4 specifies how to serve the initial summons and complaint, requiring service by a process server or an individual over eighteen who is not a party to the action. After the initial service, Rule 5 allows for pleadings and other documents to be served by mail or in person by anyone, including the parties themselves.

What is the rule 4 service of process?

Rule 4 of the Idaho Rules of Civil Procedure details the process for serving a summons and complaint. It mandates that these documents must be served by a licensed process server or by someone who is at least eighteen years old and not involved in the case. This ensures that the defendant is properly notified of the legal action against them, which is crucial for the case to proceed.

What is the rule 56 of the Idaho Rules of Civil Procedure?

Rule 56 of the Idaho Rules of Civil Procedure pertains to summary judgment. It allows a party to request the court to rule in their favor without a trial when there is no genuine dispute over material facts. The party must demonstrate that they are entitled to judgment as a matter of law, making this rule a powerful tool for resolving cases efficiently when the facts are clear.

What is process versus service of process?

The term 'process' refers to the legal documents that initiate a lawsuit, such as a summons and complaint. 'Service of process' is the procedure of delivering these documents to the defendant to notify them of the legal action. Proper service is essential to ensure that the court has jurisdiction over the defendant and that they have an opportunity to respond to the claims made against them.