§ Rule 3 Commencement of action

Rule 3. Commencement of action

(a) Commencement of Action.

(1) A civil action is commenced by the filing of a complaint with the court, which may be denominated as a complaint, petition or application, and any party filing the same shall be designated as the plaintiff or petitioner, and any party against whom the same is filed shall be designated as the defendant or respondent. Complaints, petitions or applications in family law cases, including divorce, custody, paternity, modification, minor guardianship, adoption, termination of parental rights, civil protection orders, and child protection act shall not be filed unless and until the filing party furnishes to the clerk a completed family law case information sheet on a form adopted by the Supreme Court and furnished by the clerk. This family law case information sheet shall be exempt from disclosure according to I.C.A.R. 32(d). No claim, controversy or dispute, may be submitted to any court in the state for determination or judgment without filing a complaint or petition as provided in these rules; nor shall any judgment or decree be entered by any court without service of process upon all parties affected by such judgment or decree in the manner prescribed by these rules.

(2) Commencement of a protection order proceeding. An action for a domestic violence protection order may not be filed unless accompanied by information in whatever form required by the court to allow entry of the protection order into the Idaho Law Enforcement Telecommunications System (to be transferred by the court to the appropriate law enforcement agency with any signed order). A copy of this sheet shall not be maintained in the court file. Such action may be commenced or defended on behalf of a minor as set forth in I.R.C.P. 17(c).

(b) Designation of Party. Any civil action for or against a person in an individual capacity shall designate such person by name and any action against a person in a representative capacity shall indicate the nature of the representative capacity for which the person is made a party to the action. Provided, all civil actions by or against a governmental unit or agency, or corporation, shall designate such party in its governmental or corporate name only, and individuals constituting the officers of the governing boards of governmental units, boards or agencies or of corporations, shall not be designated as parties in any capacity unless the action is brought against them individually or for relief under Rules 65 or 74. An action against a partnership or unincorporated association shall designate the name of the partnership or association as defendant, in which case any judgment obtained shall be enforceable against the partnership or association property; but no such judgment shall be entered personally against an individual partner or member unless named as an individual defendant in an individual capacity and served with process.

(1) Redacted Filings. Unless the court orders otherwise, the parties shall refrain from including or shall partially redact, where inclusion is necessary, the following personal data identifiers from all documents filed with the court, including exhibits. This rule does not apply to exhibits offered at a trial or hearing unless they are filed with the court.

(a) Social Security Numbers. If an individual's social security number must be included in a pleading, only the last three digits of that number shall be used.

(b) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child shall be used.

(d) Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers shall be used.

(e) Home Addresses. Only the city and state shall be identified; however, this rule does not apply to information required to be in the caption of a pleading pursuant to Rule 10(a)(1) or in a certificate of service.

(2) Exceptions.

(a) The redaction requirement does not apply to the record of a court, tribunal, administrative or agency proceeding if that record was filed before the effective date of this rule.

(b) The redaction requirement does not apply to documents that are exempt from disclosure pursuant to Idaho Court Administrative Rule 32.

(c) The redaction requirement does not apply to documents that are required by statute to include personal data identifiers.

(3) Options When Personal Data Identifiers are Necessary. A party filing a redacted document need not also file an unredacted version of the document; however, where inclusion of the unredacted personal data identifiers is necessary, a party may:

(a) File the redacted document together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. The reference list shall be secured in the file and be exempt from disclosure pursuant to Idaho Court Administrative Rule 32; however, courts will share the reference list with other government agencies as required or allowed by law without court order or application for purposes of the business of those agencies.

(b) File the redacted document together with an unredacted copy of the document. The unredacted copy shall be placed in a manila envelope marked “sealed” with a general description of the records, and the redacted copy placed in the court file. The unredacted copy shall be exempt from disclosure pursuant to Idaho Court Administrative Rule 32; however, courts will share the unredacted copy with other government agencies as required or allowed by law without court order or application for purposes of the business of those agencies.

(4) Orders of the Court.

(a) If possible, the court shall refrain from including in court orders the personal data identifiers set forth in subsections 1(a)(1) through 1(a)(5) of this rule. If personal data identifiers are included in the order, the order shall be placed in a manila envelope marked “sealed” and be exempt from disclosure pursuant to Idaho Court Administrative Rule 32. Copies of the order shall be served on the parties and shall be available to the parties and other government agencies without court order for purposes of the business of those agencies. Upon request a redacted copy shall be prepared.

(b) Exceptions. The court may include personal data identifiers in orders that are exempt from disclosure pursuant to Idaho Court Administrative Rule 32, or that are required by statute to include personal data identifiers.

(5) Responsibility for Compliance. The parties and counsel are solely responsible for redacting personal data identifiers. The clerk will not review each document for compliance with the rule. Failure to comply with this rule is grounds for contempt.

The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.