Rule 57 of the Idaho Rules of Civil Procedure state that Rules 38 and 39 govern a demand for a jury trial. However, Rule 57 makes it clear that just because there is another remedy, such as a jury trial, that does not mean that a declaratory judgment cannot be given. Indeed, the Rule specifically states that a speedy hearing of a declaratory-judgment can be ordered by the Court.
Idaho Civil Rule 57 also states that if a party seeks a declaratory judgment under an insurance policy, that party must give notice to any person known to have a claim against the insured relating to the incident.
Idaho Civil Rule 57 – Declaratory Judgment
(a) In general. These rules govern the procedure for obtaining a declaratory judgment pursuant to the statutes of this state. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory judgment.
(b) Coverage under insurance policy. A party seeking a declaratory judgment as to coverage under a policy of insurance must give notice of the action to any person known to have a claim against the insured relating to the incident that is the subject of the declaratory action.
Rule 58 of the Idaho Rules of Civil Procedure requires that any judgment or amended judgment must be set forth on a separate document, as required by Rule 54(a). This Rule also reminds readers that the filing of a judgment by the Court is governed under Rule 5(d).
Idaho Civil Rule 58 – Entry of Judgment
Every judgment and amended judgment must be set forth on a separate document as required in Rule 54(a). The filing of a judgment by the court as provided in Rule 5(d) or the placing of the clerk’s filing stamp on the judgment constitutes the entry of the judgment, and the judgment is not effective before such entry. The entry of the judgment must not be delayed for the taxing of costs.
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