Idaho Motion to Set Aside a Judgment

Q: How long do I have to file a motion to set aside a judgment in Idaho?

Under I.R.C.P. 60, a Rule 60(b) motion must be made within a reasonable time, and for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b), or fraud, misrepresentation or misconduct by an opposing party, no more than 6 months after the entry of the judgment or order or the date of the proceeding. That is a short window, so file as soon as you can.

Q: What are the grounds to vacate a judgment in Idaho?

Rule 60(b) lists mistake, inadvertence, surprise or excusable neglect; newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); fraud, misrepresentation, or misconduct by an opposing party; the judgment is void; the judgment has been satisfied, released, or discharged, it is based on an earlier judgment that has been reversed or vacated, or applying it prospectively is no longer equitable; and any other reason that justifies relief.

Q: What if I was never personally served in the Idaho case?

Rule 60(d)(2) allows the court to set aside, as provided by law, within one year after judgment was entered, a judgment obtained against a party who was not personally served with summons and complaint, in Idaho or any other jurisdiction, and who has failed to appear in the action. Rule 60(b)(4) also covers a void judgment within a reasonable time.

Q: What can an Idaho small claims judge do with a motion to set aside?

On form CAO SC 8-2, the court may deny the motion; grant it and set the claim for hearing; or set the motion for hearing and, if the motion is granted at the hearing, proceed to hear the claim at the same time. Come to any hearing ready to present your side of the claim.

Q: Can I bring a separate action to set aside an Idaho judgment?

Rule 60(d) preserves the court's power to entertain an independent action to relieve a party from a judgment, order or proceeding, and to set aside a judgment for fraud on the court. Ask an Idaho lawyer whether either route fits your facts.

Q: What if my Idaho judgment was entered by default?

In small claims, I.R.S.C.A. 4(b) says I.R.C.P. 55 controls default judgment proceedings, and the court uses form CAO SC 8-1 to set aside a default judgment. For the default-specific steps, also see the Idaho set aside default page at /legal-document/set-aside-default/idaho.

I.R.C.P. 60(b): a reasonable time, and no more than 6 months for mistake, fraud, etc. (reasons 1-3).

Find out where you stand in Idaho

What kind of judgment do you want vacated?

DocDraft provides document preparation, not legal advice.

Introduction

Idaho courts may grant relief from a judgment under I.R.C.P. 60(b). The motion must be made within a reasonable time, and for reasons (1)-(3), such as mistake or fraud, no more than 6 months after entry of the judgment or order or the date of the proceeding.

Key Things to Know

1
Idaho's rule is relief from a judgment or order under Idaho Rule of Civil Procedure 60(b); the court's self-help forms call the request a motion to set aside. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order or proceeding for listed reasons.
2
The reasons are (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; and (6) any other reason that justifies relief. The court decides whether a reason is shown.
3
Idaho's clock is short. A Rule 60(b) motion must be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud, misrepresentation, or misconduct by an opposing party, no more than 6 months after the entry of the judgment or order or the date of the proceeding. Reasons (4) void judgment, (5) satisfied, reversed or no longer equitable, and (6) any other reason fall under the reasonable time standard, so act promptly.
4
A separate one-year route exists under Rule 60(d)(2): the court may set aside, as provided by law, within one year after judgment was entered, a judgment obtained against a party who was not personally served with summons and complaint, in Idaho or elsewhere, and who has failed to appear in the action.
5
Filing does not by itself stop enforcement. The rule says the motion does not affect the judgment's finality or suspend its operation, so ask the court for a stay in writing if you need enforcement paused.
6
In small claims, Idaho Rule for Small Claims Actions 4(b) says I.R.C.P. 55 controls default judgment proceedings. Form CAO SC 8-1, Motion to Set Aside Default Judgment, asks why you did not file an answer by the deadline or appear at the hearing, and includes the line 'My answer is attached to this motion.' On form CAO SC 8-2 the court may deny the motion, grant it and set the claim for hearing, or set the motion for hearing and hear the claim the same day if granted. Ask the clerk about the timing.
7
Rule 60(d) also preserves an independent action to relieve a party from a judgment and setting aside a judgment for fraud on the court. For a default judgment, also see /legal-document/set-aside-default/idaho.

Key decisions before you file

Before you file a Motion to Vacate in Idaho, a few decisions shape the document: which option to choose and what each one means. The Motion to Vacate guide walks through them.

Open the Motion to Vacate guide

Customize your Motion to Vacate Template with DocDraft

[MOVANT NAME] [ADDRESS] [PHONE] [EMAIL] [IF APPLICABLE: IDAHO STATE BAR NO. [NUMBER]]

IN THE DISTRICT COURT OF THE [NUMBER] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [COUNTY] [IF APPLICABLE: MAGISTRATE DIVISION OR SMALL CLAIMS DEPARTMENT]

[PLAINTIFF NAME], Plaintiff, vs. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

MOTION TO SET ASIDE JUDGMENT (I.R.C.P. 60(b) [IF APPLICABLE: and 60(d)(2)])

[MOVANT NAME], the [PLAINTIFF OR DEFENDANT], moves the Court to relieve the movant from the judgment described below on just terms, and states:

THE JUDGMENT On [DATE OF ENTRY], the Court entered [JUDGMENT OR ORDER] against the movant in favor of [OPPOSING PARTY NAME]. The movant learned of it on [DATE] by [HOW LEARNED].
GROUNDS [IF GROUND (1): Rule 60(b)(1), mistake, inadvertence, surprise, or excusable neglect: [FACTS].] [IF GROUND (2): Rule 60(b)(2), newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b): [EVIDENCE].] [IF GROUND (3): Rule 60(b)(3), fraud, misrepresentation, or misconduct by an opposing party: [FACTS].] [IF GROUND (4): Rule 60(b)(4), the judgment is void because [FACTS].] [IF GROUND (5): Rule 60(b)(5), the judgment has been [SATISFIED, RELEASED, OR DISCHARGED, OR IS BASED ON AN EARLIER JUDGMENT THAT HAS BEEN REVERSED OR VACATED, OR APPLYING IT PROSPECTIVELY IS NO LONGER EQUITABLE]: [FACTS].] [IF GROUND (6): Rule 60(b)(6), any other reason that justifies relief: [FACTS].] [IF RULE 60(d)(2): The movant was not personally served with the summons and complaint and has failed to appear in the action.] [IF SMALL CLAIMS, NO ANSWER FILED: The movant did not file an answer by the deadline because [REASON]. The movant's answer is attached to this motion.] [IF SMALL CLAIMS, DID NOT APPEAR AT THE HEARING: The movant did not appear at the hearing because [REASON].]
TIMELINESS [IF GROUND (1), (2) OR (3): This motion is made within a reasonable time and no more than 6 months after [ENTRY OF THE JUDGMENT OR ORDER OR THE DATE OF THE PROCEEDING] on [DATE].] [IF GROUND (4), (5) OR (6): This motion is made within a reasonable time after [EVENT].] [IF RULE 60(d)(2): This motion is made within one year after judgment was entered on [DATE OF ENTRY].]
STAY [IF APPLICABLE: The movant asks the Court to stay enforcement of the judgment while this motion is pending, on terms the Court finds just.]
RELIEF REQUESTED The movant asks the Court to set aside the judgment entered on [DATE OF ENTRY], [IF SMALL CLAIMS DEFAULT: set the claim for hearing,] and grant other relief the Court finds just.

DATED: [DATE] [SIGNATURE] [PRINTED NAME]

CERTIFICATE OF SERVICE I certify that on [DATE OF SERVICE] I served a true copy of this motion on [NAME OF EACH PARTY OR ATTORNEY] by [METHOD OF SERVICE] at [ADDRESS]. [SIGNATURE]

Idaho Requirements for Motion to Vacate

Rule 60(b) Grounds
I.R.C.P. 60(b): (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud, misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) satisfied, released, discharged or reversed, or no longer equitable; (6) any other reason that justifies relief.
Six-Month Limit for Grounds 1-3
I.R.C.P. 60: the motion must be made within a reasonable time, and for reasons (1) mistake or excusable neglect, (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud or misconduct, no more than 6 months after entry of the judgment or order or the date of the proceeding.
One Year Without Personal Service
I.R.C.P. 60(d)(2): within one year after judgment was entered, as provided by law, for a party not personally served with summons and complaint who has failed to appear.
No Automatic Suspension
I.R.C.P. 60: the motion does not affect the judgment's finality or suspend its operation. Ask the court separately for a stay.
Small Claims Default Proceedings
I.R.S.C.A. 4(b): I.R.C.P. 55 controls default judgment proceedings in small claims actions.
Reason and Answer on CAO SC 8-1
Form CAO SC 8-1: explain why you did not file an answer by the deadline or appear at the hearing; the form includes the line 'My answer is attached to this motion.'
Independent Action and Fraud on the Court
I.R.C.P. 60(d)(1), (3): the court may entertain an independent action to relieve a party from a judgment, or set aside a judgment for fraud on the court.

Frequently Asked Questions

How long do I have to file a motion to set aside a judgment in Idaho?

What are the grounds to vacate a judgment in Idaho?

What if I was never personally served in the Idaho case?

Does an Idaho motion to set aside stop collection of the judgment?

How do I set aside an Idaho small claims default judgment?

What can an Idaho small claims judge do with a motion to set aside?

Can I bring a separate action to set aside an Idaho judgment?

What if my Idaho judgment was entered by default?

Find out where you stand in Idaho

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Vacate Template with DocDraft

Idaho Requirements for Motion to Vacate

Rule 60(b) Grounds

Six-Month Limit for Grounds 1-3

One Year Without Personal Service

No Automatic Suspension

Small Claims Default Proceedings

Reason and Answer on CAO SC 8-1

Independent Action and Fraud on the Court

Frequently Asked Questions