Idaho Motion for Summary Judgment
Idaho ties its filing cutoff to the trial date itself, at least 90 calendar days before trial or within 7 days of the order setting trial, whichever is later, and pairs it with a short statewide briefing schedule: 28 days' notice before the hearing, a 14-day answering brief, and a 7-day reply, all under Rule 56.
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Introduction
Idaho Rule of Civil Procedure 56 lets a party move for summary judgment, identifying each claim or defense, or the part of one, on which judgment is sought, and the court must grant the motion if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Idaho R. Civ. P. 56(a)). The motion, supporting documents, and brief must be served at least 28 calendar days before the date of the hearing, counted under I.R.C.P. 2.2(a)(1)(B), which requires courts to count every day, including intermediate Saturdays, Sundays, and legal holidays; 3 calendar days are added if the motion is served by mail (I.R.C.P. 2.2(c)) (Idaho R. Civ. P. 56(b)(2)). If the adverse party wishes to oppose the motion, it must serve an answering brief and any opposing documents at least 14 calendar days before the hearing date, and the moving party's reply brief, if any, must be served at least 7 calendar days before the hearing date, both counted backward from the hearing (Idaho R. Civ. P. 56(b)(2)). The motion may be filed any time after 21 days from service of process on the adverse party or that party's appearance in the action, or after the adverse party serves its own motion for summary judgment, but it must be filed at least 90 days before the trial date, or within 7 days from the date of the order setting the case for trial, whichever is later, unless the court orders otherwise (Idaho R. Civ. P. 56(b)(1)). The court may shorten or extend any of these periods for good cause (Idaho R. Civ. P. 56(b)(3)). Required papers include the motion, supporting record materials such as depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, or interrogatory answers, and a supporting brief (Idaho R. Civ. P. 56(b)(2), (c)(1)(A)). Unlike some states, Idaho does not require a separately filed, formatted statement of undisputed material facts; the motion and brief cite supporting record materials directly (Idaho R. Civ. P. 56(c)(1), (c)(2)). A movant may also seek summary judgment on only part of a claim or defense, since partial summary judgment is built into Rule 56(a) itself and follows the identical timing and briefing rules as a full motion; if the court does not grant all the relief requested, it may enter an order treating specific undisputed facts as established for trial (Idaho R. Civ. P. 56(a), (f)). Both the mover and the party who received the motion need to track these deadlines: if a party fails to properly support or address a factual assertion, the court may allow the party to correct it, deem the fact undisputed, grant summary judgment, or issue another appropriate order (Idaho R. Civ. P. 56(e)). Summary judgment is technical and is frequently lost on procedure rather than the merits, and an unopposed motion still requires the court to find no genuine dispute of material fact before granting it; attorney review is available before filing or responding. This page covers a civil motion for summary judgment in an Idaho state trial court under Rule 56. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than Idaho's rule.
Key Things to Know
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Idaho's summary judgment timing runs backward from the hearing date: the motion, supporting documents, and brief must be served at least 28 calendar days before the hearing, counted under I.R.C.P. 2.2(a)(1)(B) (Idaho R. Civ. P. 56(b)(2)).
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If you were served with an Idaho motion for summary judgment, you are the party who must serve an answering brief and any opposing documents at least 14 calendar days before the hearing date, counted backward from the hearing (Idaho R. Civ. P. 56(b)(2)).
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The motion must be filed at least 90 days before the trial date, or within 7 days from the date of the order setting the case for trial, whichever is later, unless the court orders otherwise; this filing cutoff is separate from the 28-day hearing-notice period (Idaho R. Civ. P. 56(b)(1)).
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Idaho does not automatically grant an unopposed motion for summary judgment. If a party fails to properly support or address a fact, the court may allow correction, deem the fact undisputed, grant judgment, or issue another order, but the movant must still show no genuine dispute of material fact (Idaho R. Civ. P. 56(e)).
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Unlike California or New York, Idaho does not require a separately filed statement of undisputed material facts; the motion and supporting brief must cite the record materials directly (Idaho R. Civ. P. 56(c)(1), (c)(2)).
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Idaho has no separate no-evidence summary judgment procedure. Partial summary judgment is instead built into Rule 56(a) itself and follows the same timing and briefing rules as a full motion (Idaho R. Civ. P. 56(a)).
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This page covers only a motion for summary judgment in an Idaho state trial court. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56.
Key decisions before you file
Before you file a Motion for Summary Judgment in Idaho, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Idaho Requirements for Motion for Summary Judgment
28-Day Notice Required Before Hearing
The motion, supporting documents, and brief must be served at least 28 calendar days before the date of the hearing, counted under I.R.C.P. 2.2(a)(1)(B) (Idaho R. Civ. P. 56(b)(2)).
14-Day Answering Brief Deadline
The adverse party must serve an answering brief and any opposing documents at least 14 calendar days before the date of the hearing if it wishes to oppose the motion (Idaho R. Civ. P. 56(b)(2)).
7-Day Reply Brief Deadline
The moving party's reply brief, if any, must be served at least 7 calendar days before the date of the hearing (Idaho R. Civ. P. 56(b)(2)).
Dual Filing Cutoff Tied to the Trial Date
The motion must be filed at least 90 days before the trial date, or within 7 days from the date of the order setting the case for trial, whichever is later, unless the court orders otherwise (Idaho R. Civ. P. 56(b)(1)).
Earliest Filing 21 Days After Service or Appearance
The motion may be filed any time after 21 days from service of process on the adverse party or that party's appearance in the action, or after the adverse party serves its own motion for summary judgment (Idaho R. Civ. P. 56(b)(1)).
No Separate Statement of Undisputed Facts Required
Idaho does not require a separately filed, formatted statement of undisputed material facts. The motion and brief must cite the supporting record materials directly (Idaho R. Civ. P. 56(c)(1), (c)(2)).
Partial Summary Judgment Built Into Rule 56(a)
Rule 56(a) lets a party move for summary judgment on an entire claim or defense, or only part of one, using the same timing and briefing rules as a full motion, with no separate rule or procedure required (Idaho R. Civ. P. 56(a)).
3 Additional Days for Service by Mail
When a party may or must act within a specified time after service and service is made by mail, 3 calendar days are added to the specified time (I.R.C.P. 2.2(c)).
Court May Shorten or Extend Time Periods for Good Cause
The court may alter or shorten the notice, response, and filing time periods under Rule 56 for good cause, and may impose costs, fees, or sanctions for noncompliance (Idaho R. Civ. P. 56(b)(3)).