Idaho Answer to a Complaint
Idaho gives you 21 calendar days to answer a complaint under I.R.C.P. 12(a)(1)(A). File on a compliant caption or the plaintiff can take a default judgment.
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.
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.
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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.
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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.
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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
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Idaho Requirements for Answer to a Complaint
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.
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.
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 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.
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.
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.
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.
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).
Frequently Asked Questions
In a general civil case, Idaho R. Civ. P. 12(a)(1)(A) requires a defendant to serve an answer within 21 calendar days after being served with the summons and complaint. The same 21-day window applies in small claims, where Idaho Code section 1-2303 requires the defendant to sign and file a written answer or a default judgment is entered. An eviction case is different, because Idaho Code section 6-310(2) sets a trial within 12 days of filing and you respond at that trial. Missing your deadline can lead to a default judgment.
Idaho does not have a statewide fill-in-the-blank answer form. You type your answer on 8.5 by 11 paper using a standard caption that complies with Idaho R. Civ. P. 10(a), which sets out the court name, the parties, the case number, and the title of the pleading. The Court Assistance Office publishes approved forms for some matters, but a general civil answer is usually a typed pleading.
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, while a self-represented party may e-file or file conventionally in person or by mail. After filing, serve a copy on the plaintiff or their attorney by mail, hand delivery, or electronically under Idaho R. Civ. P. 5(b).
The fee to file an answer in Idaho 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. Eligibility is based on your income and expenses showing you cannot afford the fees, and the form is filed with the same court that is hearing your case.
Under Idaho R. Civ. P. 55(a)(1), when a party has failed to plead or otherwise defend and that failure is shown by affidavit or otherwise, the court must order entry of the party's default, which can lead to a default judgment. You may be able to set the default aside by filing a Motion to Set Aside Default within a reasonable time and no more than 6 months under Idaho R. Civ. P. 60(b), by showing mistake, inadvertence, surprise, or excusable neglect.
Yes, and you may be required to. Under Idaho R. Civ. P. 13(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and it should be filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim under Idaho R. Civ. P. 13(b).