Idaho Answer to a Complaint
Answer an Idaho complaint within 21 calendar days under I.R.C.P. 12(a)(1)(A). DocDraft drafts it, attorney review available.
Introduction
An Idaho Answer to a Complaint is the written response you file with the Clerk of the District Court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, Idaho R. Civ. P. 12(a)(1)(A) gives you 21 calendar days after you are served with the summons and complaint to serve your answer. What sets an Idaho answer apart is that there is no statewide fill-in-the-blank answer form. You type the answer on 8.5 by 11 paper using a standard caption that complies with Idaho R. Civ. P. 10(a), or use a Court Assistance Office approved form where one exists, then file it with the clerk of the district court named in the summons. A small claims case is not an exception, because Idaho Code section 1-2303 requires the defendant to sign and file a written answer within 21 days or a default judgment is entered. Miss the deadline and the court must enter your default under Idaho R. Civ. P. 55(a)(1). DocDraft drafts an Idaho-formatted answer from your facts, with attorney review available before you file.
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Key Things to Know
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Your deadline is 21 calendar days. Under Idaho R. Civ. P. 12(a)(1)(A) a defendant must serve an answer within 21 days after being served with the summons and complaint. The same 21-day window applies to a family-law response under the Idaho Rules of Family Law Procedure.
- 2
There is no statewide answer form. Idaho does not publish a fill-in-the-blank answer. You type the answer on 8.5 by 11 paper using a standard caption that complies with Idaho R. Civ. P. 10(a), or use a Court Assistance Office approved form where one is offered.
- 3
Small claims still requires a written answer. Idaho Code section 1-2303 requires the small claims defendant to sign and file a written answer within 21 days of service, or judgment is entered as requested in the claim under Idaho R. Civ. P. 55.
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An eviction case is on an expedited track with no fixed answer window. In an unlawful detainer, Idaho Code section 6-310(2) directs the court to set a trial within 12 days of filing, with service at least 5 days before trial, so you appear and respond at that trial rather than file by a set date.
- 5
There is a fee to file, with a waiver. The fee to file an answer is $100.00. If you cannot afford court fees, you can ask the court to waive them by filing form CAO FW 1-9, the Motion and Affidavit for Fee Waiver, based on your income and expenses.
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A related claim may be compulsory. Under Idaho R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and should be filed with your answer, while an unrelated claim is permissive under Rule 13(b).
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Know the Idaho defenses. Common affirmative defenses include statute of limitations, accord and satisfaction, duress, estoppel, and fraud. The statute of limitations on a written contract is five years under Idaho Code section 5-216, a frequent defense in debt cases.
Key decisions before you file
Before you file a Answer to a Complaint in Idaho, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.
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Idaho Requirements for Answer to a Complaint
21-Day Answer Deadline
In a general civil case your answer is due within 21 calendar days after you are served with the summons and complaint, under Idaho R. Civ. P. 12(a)(1)(A). The same 21-day window applies in small claims under Idaho Code section 1-2303, where failure to file a written answer results in a default judgment under Rule 55.
No Statewide Form, IRCP 10(a) Caption
Idaho has no statewide fill-in-the-blank answer form. Type the answer on 8.5 by 11 paper using a standard caption that complies with Idaho R. Civ. P. 10(a), or use a Court Assistance Office approved form where one is offered for your matter.
District Court Caption
Caption the answer for the district court named in the summons, in the judicial district and county where the suit was filed. Include the case number, the parties' names, and the title Defendant's Answer, formatted under Idaho R. Civ. P. 10(a).
File With the District Court Clerk
File your answer with the clerk of the district court named in the summons. Attorneys must e-file under the Idaho Rules for Electronic Filing and Service, and a self-represented party may e-file or file conventionally in person or by mail.
Serve a Copy on the Plaintiff
Under Idaho R. Civ. P. 5(b), serve a copy of your answer on the plaintiff or their attorney by mail, hand delivery, or electronic service, and keep proof of service for the court file.
$100 Filing Fee or CAO FW 1-9 Waiver
The fee to file an answer in Idaho is $100.00. If you cannot afford court fees, file form CAO FW 1-9, the Motion and Affidavit for Fee Waiver, which the court grants based on income and expenses showing an inability to afford the fees.
Affirmative Defenses
State each affirmative defense you intend to rely on, such as statute of limitations, accord and satisfaction, duress, estoppel, or fraud. The statute of limitations on a written contract is five years under Idaho Code section 5-216.
Compulsory Counterclaim If Any
Under Idaho R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. An unrelated claim is permissive under Rule 13(b).