Idaho Motion to Dismiss

Introduction

Key Things to Know

1. 1

   Idaho's vehicle is a motion to dismiss under Idaho R. Civ. P. 12(b), with failure to state a claim upon which relief can be granted at Rule 12(b)(6). Idaho renumbered its Rules of Civil Procedure effective July 1, 2016, and the rule now tracks the federal 12(b) lettered-and-numbered style.

2. 2

   Idaho R. Civ. P. 12(b) lists eight defenses a defendant may raise by motion: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19, and (8) another action pending between the same parties for the same cause. The eighth ground does not appear in the seven-ground federal rule.

3. 3

   A 12(b) defense may be raised by motion in lieu of asserting it in the responsive pleading, so the motion falls within the answer window: 21 days after service of the summons and complaint under Idaho R. Civ. P. 12(a)(1)(A). Filing the pre-answer motion is the alternative to serving the answer within that 21-day window.

4. 4

   Idaho R. Civ. P. 7(b) sets the motion briefing cadence: the motion and any supporting affidavits and memoranda, plus the notice of hearing, must be filed and served to be received at least 14 days before the hearing; opposing memoranda at least 7 days before; and any reply at least 2 days before. If the court denies the motion, confirm the time then allowed to answer with the court and the published rule before relying on a specific number.

5. 5

   No statewide meet-and-confer requirement was found as a precondition to filing a Rule 12(b) motion to dismiss. The motion form is governed by Idaho R. Civ. P. 7(b), which requires a written motion stating with particularity the grounds for the relief sought, including the number of the applicable civil rule, and the relief sought. Any meet-and-confer obligations in Idaho practice arise in the discovery context, not as a 12(b) prerequisite.

6. 6

   The most common ground is Idaho R. Civ. P. 12(b)(6), failure to state a claim upon which relief can be granted, which tests the legal sufficiency of the complaint rather than the underlying facts.

7. 7

   File in the Idaho District Court named in the summons. The Magistrate Division handles civil matters up to $10,000 and the District Court handles larger civil cases. No statewide page limit was located in Idaho R. Civ. P. 7, and no Idaho Civil Rule requiring a proposed order to accompany a 12(b) motion was located, so check the local rules of the court where you file.

Idaho Requirements for Motion to Dismiss

• File within the 21-day answer window

  A 12(b) defense may be raised by motion in lieu of asserting it in the responsive pleading, so the motion is filed within the answer window: 21 days after service of the summons and complaint under Idaho R. Civ. P. 12(a)(1)(A). Filing the pre-answer motion is the alternative to serving the answer within that window.

• Calculate your 21 days from the service date

  Confirm the date the summons and complaint were served on you. The 21-day window under Idaho R. Civ. P. 12(a)(1)(A) runs from that service date. Miss it without filing the motion or an answer and you risk a default judgment.

• Select your Idaho R. Civ. P. 12(b) grounds

  Identify which of the eight 12(b) grounds apply: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19, or (8) another action pending between the same parties for the same cause.

• Consider the 12(b)(6) failure-to-state-a-claim ground

  The most common ground is Idaho R. Civ. P. 12(b)(6), failure to state a claim upon which relief can be granted. It tests the legal sufficiency of the complaint rather than the underlying facts.

• Draft a written motion stating the grounds with particularity

  Idaho R. Civ. P. 7(b) requires a written motion that states with particularity the grounds for the relief sought, including the number of the applicable civil rule, and the relief sought. No statewide page limit was located in Idaho R. Civ. P. 7; page limits and other format requirements may be set by local rule, so check the local rules of the court where you file.

• Observe the 14/7/2-day briefing cadence

  Under Idaho R. Civ. P. 7(b), the motion, any supporting affidavits and memoranda, and the notice of hearing must be filed and served to be received at least 14 days before the hearing; any opposing memoranda at least 7 days before; and any reply at least 2 days before.

• No statewide meet-and-confer or proposed-order requirement was located

  No statewide meet-and-confer requirement was found as a precondition to filing a Rule 12(b) motion, and no Idaho Civil Rule requiring a proposed order to accompany a 12(b) motion was located. Some local courts or judges may request a proposed order; confirm the practice for your filing court and tender one if required.

• File in the correct court and serve the other party

  File in the Idaho District Court named in the summons. The Magistrate Division handles civil matters up to $10,000 and the District Court handles larger civil cases. File the motion with the Clerk of the District Court for the county where the action is pending, serve a copy on the plaintiff or plaintiff's counsel, and include a certificate of service.