§ Rule 6 Time-Hearings
Rule 6. Time--Hearings
(a) Time Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the parties, by written stipulation, which does not disturb the orderly dispatch of business or the convenience of the court, filed in the action, before or after the expiration of the specified period, may enlarge the period, or the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but the time may not be extended for taking any action under Rules 50(b), 52(b), 59(b), (d), (e), and 60(b) except to the extent and under the conditions stated in them.
(c)(1) Repealed.
(2) Orders to show cause.
(A) All applications for an order to show cause must be accompanied by an affidavit or supported by a verified complaint setting forth the facts and grounds upon which the application is based. If the court finds that an application makes a prima facie showing for an order commanding a person to do or refrain from doing specific acts or to pay a sum of money, the court shall enter an order to show cause to the opposing party to comply with the request or show cause before the court at a time and place certain why such order should not be entered. An order to show cause must be served upon the party to whom it is directed, or the party's attorney of record in the action, at least five (5) days prior to the date of the show cause hearing in the same manner as a notice for hearing of a motion under these rules. If the party to whom the order to show cause is directed opposes the entry of the order, the court shall hear the show cause proceeding. The order to show cause procedure may not be used to seek a modification of a decree of divorce with respect to child support or custody. Any proceeding for contempt must be brought pursuant to Rule 75.
(B) Any party may elect to produce testimony and evidence at the hearing, or to cross-examine the adverse party and/or the adverse party's affiants, by giving notice to the court and the adverse party at least twenty-four (24) hours before the hearing, such notice shall designate the person(s) sought to be cross-examined. The party against whom relief is sought shall be given written notice of the requirements of this subsection when served with the order to show cause.
(C) If a party timely gives notice of the intent to cross-examine, the adverse party shall have the person(s) designated in the notice present at the hearing, unless otherwise ordered by the court. If the adverse party or such party's affiants are not excused by the court and fail to appear as requested in such notice, the court may impose sanctions as it deems appropriate including awarding attorney fees to the requesting party.
(3) Repealed.
(4) Repealed.
(5) Support Hearings--Affidavit to Accompany Copy of Decree. In the event a decree for the payment of child support is forwarded to another county for enforcement under section 32-710A.(C), Idaho Code, the prosecuting attorney forwarding the necessary certified copies of the decree for support shall attach thereto an affidavit of the party entitled to receive support payments under the decree setting forth the financial and other circumstances of such party. The affidavit shall be in substantially the following form:
IN THE DISTRICT COURT OF THE _______ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY
OF _______
)
)
Plaintiff, )
)
vs. ) AFFIDAVIT FOR SUPPORT
)
Defendant. )
)
)
State of Idaho )
) ss.
County of _______ , )
______________, being duly sworn, testifies as follows:
1. State your full name:
2. Where do you reside:
3. When and where were you married to the other party:
4. List the names and dates of birth of all living children born of your marriage to the other party, and state which of these are living with you:
5. List the names and ages of all persons residing in your home other than the above children and state their relationship to you:
6. State whether you have remarried, and if so, give the name of your new spouse, the place of his or her employment and his or her monthly earnings:
7. Itemize the monthly sums of money required for the support of the above children living with you:
Per Month Per Month
Children Self
Housing $ $
Food
Utilities
Medical
Day Care or Baby-sitting
Transportation
Clothing
Other (1)
(2)
(3)
(4)
(5)
(6) ______________ ______________
TOTAL $ $
8. State whether you are employed and if so give the name of your employer, your monthly gross income, and your monthly take home income from that employment:
9. State the source and amount of any other monthly income (other than support from the other party) which is available to you for the support of the children:
10. List and explain any special medical problems of yourself or the children and state what expenses, if any, are incurred by reason of these medical problems:
11. Do you receive any financial assistance from any public agency, and if so, in what monthly amount:
12. What is the occupation of the other party, where does the other party work and what is the other party's monthly wage or salary:
13. List all income of the other party known to you, which you feel is available to pay the support required by the decree of divorce:
14. List all assets of the other party known to you, which you feel are available to pay the support required by the decree of divorce:
15. State any other facts which you think the court should know in enforcing the support required by the decree of divorce:
________________________________________________________________________________
Affiant
SUBSCRIBED AND SWORN to before me the ___ day of _______, 19__, at _______, Idaho.
________________________________________________________________________________
Notary Public for Idaho
Residing at: ________________________________________________________________________________
(Seal)
(6) Child Support Guidelines. Pursuant to Section 32-706A, Idaho Code, the Idaho Child Support Guidelines (I.C.S.G.) adopted by the Supreme Court are as follows:
Publisher's Note: For the Idaho Child Support Guidelines and Appendixes, see, now, Idaho Child Support Guidelines located at the end of the Idaho Rules of Civil Procedure.
(7) Blood or Other Genetic Tests in Paternity Actions. If a blood or other genetic test is used to prove paternity, the blood or other genetic test report shall be served upon the defendant party with the complaint or as soon as it is obtained. The blood or other genetic test report must be served upon the defendant party at least twenty-eight (28) days before the date set for trial together with a notice that the blood or other genetic test will be admitted under this rule if no objection is filed at least twenty-one (21) days in advance of the date set for trial. The verified expert's blood or other genetic test report shall be admitted at trial unless a challenge to the testing procedures or the blood or other genetic analysis has been made by a party at least twenty-one (21) days before trial.
(e)(1) Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some
proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, three (3) days shall be added to the prescribed period.
(2) Setting Hearings by Court. The court upon its own initiative may notice for hearing any motion, trial or proceeding which is pending before it by notice to all parties in conformance with these rules.
(3) Stipulations Not Binding on Court--Continuance of Trial or Hearing. The parties to any action may present to the court a stipulation as to any procedural matter involved in any proceeding, including a stipulation to vacate or continue a hearing or trial, but such stipulation shall be considered as a joint motion by the parties to the court for its consideration, and shall not be binding upon the court. The court may approve or disapprove the stipulation in the same manner as the court rules upon a motion. The court may by oral or written notice to the parties limit the time within which a motion or stipulation to vacate or continue a hearing or trial must be made in order to be considered by the court.
The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.