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Idaho Motion to Dismiss

In Idaho you move to dismiss under Idaho R. Civ. P. 12(b) within the 21-day answer window.

Introduction

In Idaho you challenge a complaint before answering by filing a motion to dismiss under Idaho Rule of Civil Procedure 12(b), with failure to state a claim upon which relief can be granted at Rule 12(b)(6). After Idaho renumbered its Rules of Civil Procedure effective July 1, 2016, the rule tracks the federal model but with one notable difference: Idaho's 12(b) enumerates eight grounds rather than the federal seven. The eighth ground, another action pending between the same parties for the same cause, has no counterpart in the seven-ground federal rule. A 12(b) defense may be raised by motion in lieu of asserting it in the responsive pleading, so the motion falls within the same answer window: 21 days after service of the summons and complaint under Idaho R. Civ. P. 12(a)(1)(A). The motion form is governed by Idaho R. Civ. P. 7(b), which requires a written motion stating with particularity the grounds and the number of the applicable civil rule. Rule 7(b) also sets a briefing cadence: the motion and any supporting memorandum 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. Missing the window without filing risks default judgment. DocDraft drafts an Idaho-formatted motion to dismiss from your facts, with attorney review available before you file.

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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.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE DISTRICT COURT OF THE ______________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ______________ [MAGISTRATE DIVISION, if applicable]

____________________________, Plaintiff,

 vs.                                   Case No. ______________

____________________________, Defendant.

DEFENDANT'S MOTION TO DISMISS UNDER IDAHO R. CIV. P. 12(b)

COMES NOW the Defendant, ____________________, and pursuant to Idaho R. Civ. P. 12(b) and 7(b), moves this Court for an order dismissing Plaintiff's Complaint. This motion is made before service of a responsive pleading and within the time otherwise allowed for the answer under Idaho R. Civ. P. 12(a)(1)(A). As required by Idaho R. Civ. P. 7(b), this motion states with particularity the grounds for the relief sought, including the number of the applicable civil rule, and the relief sought.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss on the following ground(s) enumerated in Idaho R. Civ. P. 12(b):

____ (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; ____ (8) another action pending between the same parties for the same cause.

[State the specific facts and basis for each ground checked above.]

MEMORANDUM IN SUPPORT

[Set out the legal authorities and argument supporting dismissal. Under Idaho R. Civ. P. 7(b), this 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 are due at least 7 days before the hearing; and any reply memorandum is due at least 2 days before the hearing. 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 this court and conform this memorandum accordingly.]

WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Complaint and grant such other and further relief as the Court deems just and proper.

DATED this ____ day of ________, 20.

[Name] [Address] [Telephone] / [Email] [Idaho State Bar number, if represented by counsel] Defendant / Counsel for Defendant

[NOTE: No Idaho Civil Rule requiring a proposed order to accompany a Rule 12(b) motion was located. Some local courts or judges may request a proposed order; confirm the practice for your filing court and tender a proposed order if required.]

CERTIFICATE OF SERVICE

I certify that on this ____ day of ________, 20, a true and correct copy of the foregoing Motion to Dismiss was served upon ____________________, [Plaintiff / counsel for Plaintiff], at ____________________ by ____________________ [method of service].

[Name]

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.

Frequently Asked Questions

File a written motion to dismiss under Idaho R. Civ. P. 12(b) in lieu of an answer, identifying which 12(b) grounds apply. Under Idaho R. Civ. P. 7(b) the motion must be in writing and state with particularity the grounds for the relief sought, including the number of the applicable civil rule, and the relief sought. The motion, supporting memoranda, and notice of hearing must be filed and served to be received at least 14 days before the hearing.

A Rule 12(b) 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). A 12(b) defense may be raised by motion in lieu of asserting it in the responsive pleading, so filing the pre-answer motion is the alternative to serving the answer within that 21-day window.

The ground used most often is failure to state a claim upon which relief can be granted: even accepting the allegations as true, the complaint states no legal claim. Idaho R. Civ. P. 12(b) also allows challenges to subject-matter jurisdiction, personal jurisdiction, venue, process, service of process, and failure to join a party under Rule 19. Idaho's list runs to eight grounds, adding one unique to the state and absent from the federal rule: another action pending between the same parties for the same cause.

No statewide meet-and-confer requirement was found as a precondition to filing a Rule 12(b) motion to dismiss in Idaho. The motion form is governed by Idaho R. Civ. P. 7(b). Any meet-and-confer obligations in Idaho practice arise in the discovery context, not as a 12(b) prerequisite. Check the local rules of the court where your case is pending.

If the court denies a Rule 12(b) motion to dismiss, the case proceeds and the defendant must file a responsive pleading. Idaho R. Civ. P. 12 governs the time then allowed to answer. Confirm the exact number of days with the court and the published rule, because the post-denial answer period is set by the rule rather than restarting the original 21-day window.

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 and serve a copy on the plaintiff or plaintiff's counsel.