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Idaho Civil Rule 7: Pleadings Allowed; Form of Motions and Other DocumentationBesides the complaint, there are other types of documents that can be filed with the Court during a personal injury case by an attorney. To that end, Idaho Civil Rule 7 discusses which kinds of pleadings and motions can be filed and what their time limits are. The first section describes all of the types of pleadings that are allowed under the rules. No other type of pleading is allowed.

The next section of the rule describes the proper way to file motions with the court. The rule also describes the time limit for each type of motion. If a motion is attempted to be filed outside of this time limit, the court will not allow the motion to be filed.

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Idaho Civil Rule 7: Pleadings Allowed; Form of Motions and Other Documentation

  1. Only these pleadings are allowed:
    • A complaint;
    • An answer to a complaint;
    • An answer to a counterclaim designated as a counter claim;
    • An answer to a cross claim;
    • A third party complaint;
    • An answer to a third party complaint; and
    • If the court orders one, a reply to an answer.
  2. Motions and other papers.
    • In general. A request for a court order must be made by motion. That motion must:
      1. Be in writing unless made during a hearing or trial;
      2. State with particularity the grounds for the relief sought including the number of the applicable civil rule, if any;
      3. State the relief sought; and
    • Proposed order. A proposed form of order, if included, must be a separate document.
    • Filing and serving motions, affidavits and briefs; Time limits.
      1. A written motion, affidavit(s) supporting the motion, memoranda or briefs supporting the motion, if any, and, if a hearing is requested, the notice of hearing for the motion, must be filed with the court and served so as to be received by the parties at least 14 days prior to the day designated for hearing.
      2. Affidavit(s) opposing the motion and opposing memoranda or briefs, if any, must be filed with the court and served so as to be received by the parties at least 7 days before the hearing.
      3. The moving party may file a reply brief or memorandum, which must be filed with the court and served so as to be received by the parties at least 2 days prior to the hearing.
      4. The moving party must indicate on the face of the motion whether oral argument is desired. If a brief or memorandum is not filed with the motion, the motion must indicate on the face of the motion whether the party intends to file a brief or memorandum supporting the motion.
      5. If the moving party does not request oral argument or doe not timely file a supporting memorandum or brief, the court may deny the motion without further notice if it determines the motion does not have merit.
      6. If oral argument has been requested on any motion, the court may deny oral argument by written or oral notice from the court at least 1 day prior to the hearing. The court may limit oral argument at any time.
      7. If the office of the presiding judge is outside of the county in which the action is pending, the parties must simultaneously provide a copy of any notice, motion, affidavit, brief, or other document relating to a motion to the presiding judge in addition to filing the materials with the court of record.
      8. Any exception to the time limits in this rule may be granted by the court for good cause shown. If time does not permit a hearing or response on a motion to extend or shorten time, the court may rule without opportunity for response or hearing.
      9. The time limits in this rule do not apply to motion and other matters if a different time limit is provided by statute or by another rule of civil procedure.

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Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

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Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation.151 North 3rd, Suite 202A Pocatello, ID 83204 Phone:(208)232-7274

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