Idaho Summons with Orders is a legal document used to begin a lawsuit in the state of Idaho. It is also known as a Complaint and Summons and is issued by the court. The Summons informs the defendant of the action taken against them and orders them to appear in court on a specified date. It includes information such as the plaintiff's name, the defendant's name, the court's address, and the date of the hearing. There are two types of Idaho Summons with Orders: Summons with Jury Demand and Summons without Jury Demand. The Summons with Jury Demand requires the defendant to appear in court with a jury, and the Summons without Jury Demand requires the defendant to appear without a jury.
Idaho Summons with Orders
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Summons with Orders
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Idaho Rules of Civil Procedure Rule 72. Order to Show Cause. (a) Procedure. An application for an order to show cause must be by verified complaint, or accompanied by an affidavit, stating the facts and grounds on which the application is based.
If a defendant is not served within 182 days after the complaint is filed, the court, on motion or on its own after 14 days' notice to the plaintiff, must dismiss the action without prejudice against that defendant.
Idaho Rules of Civil Procedure Rule 73. Receivers. These rules govern an action in which the appointment of a receiver is sought or a receiver sues or is sued. The appointment and administration of estates by receivers or other similar officers must be in ance with Idaho Code.
A paper is served under this rule by: (A) handing it to the person; (B) leaving it: (i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the person's dwelling or usual place of
Process servers have up to three attempts at delivering documents before officially notifying the court that service was unsuccessful.
Idaho Code §§ 7-301 through 7-314 establish proceedings for Courts to issue writs of mandate. Rule 74 of the Idaho Rules of Civil Procedure specifies the procedures. A writ of mandate is a court order that compels the performance of an act which a party has the duty to perform. IRCP 74(a)(1).
If service is upon a statutory agent, any statutory requirement as to the number of copies of summons and complaint to be served must be followed. If the agent is a state official, service may be made by registered or certified mail, and, if the statute requires, by mailing a copy to the defendant.
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.
When someone does not comply with (follow) the duties ordered by a court, then the opposing party may file for contempt. Contempt is a request to the court to carry out a penalty on the individual for failing to follow the order. Civil contempt is often used in Idaho to enforce child support payments.