§ Rule 4 Summons
Rule 4. Summons
(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.
(b) Summons--Form. The summons shall be signed by the clerk of the district court, be under the seal of the court, contain the name of the court, the assigned number of the case, the names of the parties, the county in which the action is brought, and state the name and address of the plaintiff's attorney, if any, otherwise, the plaintiff's address.
(1) Eviction Proceedings. In an action exclusively for eviction where an expedited proceeding is contemplated under I.C. § 6-310 the summons shall be in substantially the following form:
ATTORNEY'S NAME FIRM NAME STREET ADDRESS MAILING ADDRESS CITY, STATE & ZIP CODE TELEPHONE
NUMBER Attorney(s) for Plaintiff(s)
IN THE DISTRICT COURT OF THE _______ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _______
)
Plaintiff(s), ) Case No. ______
)
vs. ) SUMMONS FOR EVICTION
) PURSUANT
) TO IDAHO CODE § 6-310
Defendant(s). ) (Expedited Proceedings)
)
TO THE ABOVE-NAMED DEFENDANT(S): YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF(S).
A trial will be held on _______, 19___, at ___ o'clock ___ .m. at (location) to determine if you should be evicted from the premises described in the Complaint which is served with this Summons. If the Court grants the request to evict you, it may also order you to pay costs of this proceeding. If you wish to seek the advice of or representation by an attorney in this matter, you should do so promptly, to allow adequate time for trial preparation.
This Summons and the Complaint shall be served upon the Defendant(s) not less than five (5) days [computed pursuant to IRCP Rule 6(a) ] prior to the date of the hearing.
CLERK OF THE DISTRICT COURT
DATED: ______________________________ By ______________________________________________
Deputy Clerk
(2) Other Civil Proceedings. In other civil proceedings the summons shall contain the time within which these rules require the defendant to file a written response or written motion in defense to the complaint, and shall notify the defendant that in case of the defendant's failure to do so judgment by default will be rendered against the defendant for the relief demanded in the complaint. The summons shall be in substantially the following form:
ATTORNEY'S NAME FIRM NAME STREET ADDRESS MAILING ADDRESS CITY, STATE & ZIP CODE TELEPHONE
NUMBER Attorney(s) for Plaintiff(s)
IN THE DISTRICT COURT OF THE _______ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY
OF _______
)
Plaintiff(s), ) Case No. ______
)
vs. ) SUMMONS
)
Defendant(s). )
)
NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF(S). THE COURT MAY ENTER JUDGMENT
AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN 20 DAYS.
READ THE INFORMATION BELOW.
TO: __________________________________________________________________________
You are hereby notified that in order to defend this lawsuit, an appropriate written response must be filed with the above designated court within 20 days after service of this Summons on you. If you fail to so respond the court may enter judgment against you as demanded by the plaintiff(s) in the Complaint.
A copy of the Complaint is served with this Summons. If you wish to seek the advice of or representation by an attorney in this matter, you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected.
An appropriate written response requires compliance with Rule 10(a)(1) and other Idaho Rules of Civil Procedure and shall also include:
1. The title and number of this case.
2. If your response is an Answer to the Complaint, it must contain admissions or denials of the separate allegations of the Complaint and other defenses you may claim.
3. Your signature, mailing address and telephone number, or the signature, mailing address and telephone number of your attorney.
4. Proof of mailing or delivery of a copy of your response to plaintiff's attorney, as designated above.
To determine whether you must pay a filing fee with your response, contact the Clerk of the above-named court.
DATED this ____ day of _______, 19__.
CLERK OF THE DISTRICT COURT
By ________________________________________________________________________________
Deputy Clerk
(3) Publication. Where service is to be made by publication, the Summons to be published shall be substantially as follows:
SUMMONS
To: [Defendant's Name]
You have been sued by [Plaintiff's Name], the Plaintiff, in the District Court in and for [Name of County] County, Idaho, Case No. [Case No.].
The nature of the claim against you is [nature of claim].
Any time after 20 days following the last publication of this summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at [address and telephone number of the clerk] and served a copy of your response on the Plaintiff's attorney at [name, address, and phone number of Plaintiff's attorney].
A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff.
If you wish legal assistance, you should immediately retain an attorney to advise you in this matter.
Dated:____________
[Name of County] County District Court
By______, Deputy Clerk
(c)(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.
(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.
(d)(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 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.
(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.
(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.
(e)(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.
(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.
(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 marshall, 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.
(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.
(i) General or Special Appearance.
(1) General Appearance. The voluntary appearance of a party or service of any pleading by the party, except as provided in subsection (2) hereof, constitutes voluntary submission to the personal jurisdiction of the court.
(2) Motion or Special Appearance to Contest Personal Jurisdiction. A motion under Rule 12(b)(2), (4) or (5), whether raised before or after judgment, a motion under Rule 40(d)(1) or (2), or a motion for an extension of time to answer or otherwise appear does not constitute a voluntary appearance by the party under this rule. The joinder of other defenses in a motion under Rule 12(b)(2), (4) or (5) does not constitute a voluntary appearance by the party under this rule. After a party files a motion under Rule 12(b)(2), (4) or (5), action taken by that party in responding to discovery or to a motion filed by another party does not constitute a voluntary appearance. If, after a motion under Rule 12(b)(2), (4), or (5) is denied, the party pleads further and defends the action, such further appearance and defense of the action will not constitute a voluntary appearance under this rule. The filing of a document entitled “special appearance,” which does not seek any relief but merely provides notice that the party is entering a special appearance to contest personal jurisdiction, does not constitute a voluntary appearance by the party under this rule if the party files a motion under Rule 12(b)(2), (4), or (5) within fourteen (14) days after filing such document, or within such later time
as the court permits.
The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.