By Selim Star

​There are three ways to collect unpaid medical bills, unpaid daycare bills and changes to child support, those methods are: CIVIL CONTEMPT; CRIMINAL CONTEMPT and MOTION FOR PARTIAL JUDGMENT IN A SUM CERTAIN. You can think of a Motion for partial judgment in a sum certain as a motion for accounting all the medical bills, daycare expenses, insurance payment into a lump sum judgment.

For information regarding Civil and Criminal Contempt you can read the 2014 blog post here.

MOTION FOR PARTIAL JUDGMENT. or Motion for Accounting is the attempt is to get an order which states the total amount due through a certain date. At the time that the Decree of Divorce or Decree of Paternity was done, no one knew how much the daycare expenses or medical expenses would be in total, so the language in the Decree would say something like "father shall pay 65% and mother shall pay 35%."  

EASIER THAN CONTEMPT. Motion for partial judgment for a sum certain, is easier than a motion for contempt, as a judge is more likely to allow you to attach your receipts to your motion and get a judgment, rather than the complexities of and formalities of contempt, but contempt can put someone in jail, award attorney fees or fine them for non-compliance. 

SEPARATE FROM CHILD SUPPORT. Medical expenses, medical insurance premiums, daycare expenses, are separate from child support and are often not included in child support. Often one parent has paid those expenses without the other's contribution you can file a motion for these amounts. 

CONTEMPT. It is generally a separate action from contempt. 

SEND INVOICES WHEN RECEIVED. Judges get grumpy when you hang on to receipts and then file a motion for a large amount without having sent them to the other party to pay in a reasonable time after you received them. The invoices should be forwarded to the other party within a reasonable time from when they were received. In fact Judge Haemmerle has been including this paragraph in her orders "Parties may not hoard medical bills to untimely submit to the other demanding payment of multiple billings that have accumulated over a period of time, but should exchange them as they are received.” 

IF MORE THAN $500 COST TO OTHER PARTY NEED CONSENT IN WRITING. The family law rules require written consent before incurring expensive health care expenses. "Any claimed health care expense for the children, whether or not covered by insurance, which would result in an actual out-of-pocket expense to the other parent of over $500 for the course of treatment, must be approved in advance, in writing, by both parents or by prior court order. Relief may be granted by the Court for failure to comply under extraordinary circumstances, and the Court may in its discretion apportion the incurred expense in some percentage other than that in the existing support order, and in so doing, may consider whether consent was unreasonably requested or withheld." IRFLP 126 H.4.b.

COLLECTION. The Motion for Partial Judgment in a Sum Certain, takes the percentages that each parent owed for daycare or medical expenses and allows you to get a lump sum judgment for those amounts. Once you have the lump sum judgment you can collect the amount as a normal creditor would or you can add the amount to child support arrears. Normal collection methods are generally wage withholding or a lien on an asset, which is very difficult. 

USES for MOTION FOR PARTIAL JUDGMENT IN A SUM CERTAIN.

• Back Child Support
• Child Care Expenses
• Health Insurance Premium (changes to it or switch from Medicaid to employer)
• Health Care Expenses can be (medical, dental, orthodontist, special education, psychological, addiction treatment)
• Continuing Support (when first child turns 18 and they kept taking the same amount as for two kids)
• Wrong parent declared a child on their taxes (this would be to reconcile the amount by getting a judgment for the benefit they gained by not following the Decree)
• Spousal Maintenance, Alimony, Spousal Support 

SELF HELP FORM. There used to be a self help form to collect the unpaid medical expenses, daycare expenses etc. That form was in this format: 

Full Name of Party Filing this Document
Mailing Address (Street or Post Office Box)
City, State and Zip Code
Telephone Number
IN THE DISTRICT COURT OF THE ____________________ JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF _____________________
, )
Plaintiff, ) Case No.
vs. )
) MOTION AND AFFIDAVIT FOR
, ) ENTRY OF PARTIAL JUDGMENT IN A
Defendant. ) SUM CERTAIN
)
STATE OF IDAHO )
: ss
County of __________________)
To obtain a partial judgment in a sum certain, I swear under oath:
[ ] Section One: Health Care or Work-related Child Care Expenses.
1. The Order/Decree in this case provides for a sharing of [ ] health care expenses not paid by insurance, and/or [ ] work-related child care costs, in the following percentages: _______% to be paid by father and ______% to be paid by mother.
2. I have paid the total sum of [ ] $______________ in medical expenses and/or [ ] in work-related child care costs and, despite having submitted proof of payment to the other parent, I have not been reimbursed.
3. (name) ____________________________ owes me the sum of $___________ for his/her portion of health care expenses not paid by insurance or work-related child care expenses incurred to (date), _____________________, and a partial judgment should be entered against him/her in that amount.

[ ] Section Two: Payments to Creditors.
1. The Order/Decree in this case provides for the payment of the following account/s by my former spouse: .
2. I have paid the total sum of $______________ for this/these accounts and, despite having submitted proof of payment to my former spouse, I have not been reimbursed.
3. (name) ____________________________ owes me the sum of $___________ for his/her portion of creditor payments made by me to ____________________ (date), and a partial judgment should be entered against him/her.
[ ] Section Three. Request for Partial Judgment.
I ask that Partial Judgment be entered against (other party’s name) ________________________ in favor of (your name) ____________________________in the amount of $________________, for
[ ] health care expenses [ ] work-related child care costs [ ] payments to creditors.
[ ] This Partial Judgment should be collected through Idaho Health and Welfare, Child Support Receipting. I have attached copies of receipts reflecting the above amounts, which are true and correct amounts to the best of my knowledge and belief. (Attach receipts and/or any other documentation used to verify the amount requested.)
Date:
Signature
SUBSCRIBED and SWORN to before me this _____ day of , 20____.
Notary Public for
Residing at
Commission Expires:

By Selim Star
​
There are constantly new changes to the electronic filing order to reflect lessons learned and further the change to electronic filing. 


Self-represented parties who are individuals and not attorneys may elect to electronically file documents through File and Serve but are not required to do so. Those who elect not to utilize electronic filing, and who require paper / mail service from the court must identify the physical address for service in the certificate of service and pay designated mail service fees to the court clerk at the time of filing. With the exception of an initial electronic filing of a petition for a civil protection order made by a victim advocate on behalf of a selfrepresented party through File and Serve, a self-represented party who elects to electronically file and serve documents through the electronic filing system must continue to do so for the life of the case unless a court has granted a motion to withdraw from electronic filing and service. Once a self-represented party withdraws from electronic filing and service he or she may not return to this practice for the life of the case. (April 18, 2018 Electronic Filing Order)

BE AWARE THAT ELECTRONIC FILING IS CHANGING CONSTANTLY AND THIS INFORMATION COULD HAVE CHANGED ALREADY. The link below should bring you to the main Court Rules page that will have the newest order. 
https://isc.idaho.gov/main/idaho-court-rules
​......
Rule on Electronic Filing and Service REVISED AS OF JUNE 4, 2018, WITH NEW SECTION ON APPEALS THAT IS PERMISSIVE BEGINNING JUNE 4, 2018, and MANDATORY BEGINNING JULY 2, 2018.

Rule ELECTRONIC FILING AND ELECTRONIC SERVICE
(a) Definitions. The following definitions apply to this chapter:
1. “Conventional filing” means a process whereby a filer files a paper document
with the court.
2. “Document” means a pleading, a paper, a motion, a declaration, an
application, a request, a brief, a memorandum, an exhibit, or other
instrument submitted by a filer, including any exhibit or attachment referred
to in the instrument. Depending on the context, as used in this chapter,
“document” may refer to an instrument in either paper or electronic form.
3. “Electronic filing” means the process whereby a filer electronically transmits
documents to a court in an electronic form to initiate an action or to be
included in the court file of an action.
4. “Electronic filing system” means the systems provided by the Idaho Judicial
Department for the electronic filing (File and Serve and Guide and File) and
the electronic service of a document via the Internet, excluding the electronic
filing of criminal citations by a method approved of by the Administrative
Office of the Supreme Court.
5. “Electronic service” means the electronic transmission of a notice of filing by
the electronic filing system to the electronic mail (email) address of a party
who has consented to electronic service per subsection (h)(1)(A) of this rule.
The notice will contain a hyperlink to access a document that was filed
electronically for the purpose of accomplishing service. When the serving
entity is the court, electronic service may be completed through the
electronic filing system or through conventional email.
6. “Filer” means a person registered with the electronic filing system who
submits a document for filing with the court and/or submits a document for
service through the electronic filing system. The filer may be an attorney
representing a party in the case, a party, or anyone authorized to submit
documents for filing on their behalf. The filer may also be a third party
tasked with submitting reports, evaluations, or other communications for
filing as directed by the court or required by law.
7. “Service contact” means any party and their email address designated for
electronic service between the parties through the electronic filing system.
8. “Other service contact” means any person associated with the filer for
purposes of an action whom the filer wishes to receive email notification from
the electronic filing system of documents electronically served in the action.
An “other service contact” includes another lawyer, administrator, or staff
from the filer’s place of business, or another person who is associated with
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the filer regarding the action or otherwise has a legitimate connection to the
action.
9. “Accept” refers to the determination that a document electronically filed has
met the standards set forth in the rules below. The court has the discretion
to later reject such a filing if it deems it appropriate to do so.
10.“Confidential” in reference to a document or information means the
document or information will not be accessible to the public because it is
exempt from disclosure or sealed by court order pursuant to Idaho Court
Administrative Rule 32 or information barred from disclosure to the public
under federal or state law. The information or document that is confidential
may be accessible to certain court personnel and where applicable, to
certain governmental entities as authorized by law, court rule, or court order.
11.“Conventionally signed document” means a paper document with a
handwritten signature.
12.“Envelope” is a filing and/or service of documents submitted to the court
through the electronic filing system. An envelope can contain one or more
documents submitted to the court or others for the same case.
(b) Requirement / Format of Documents to be Filed Electronically
1. Requirement.
A. Filers identified below, must electronically file documents in courts
where electronic filing has been mandated, except for those
documents that must be filed conventionally pursuant to subsection (f)
of this rule.
i. Attorneys
ii. Government agencies or departments (including but not limited
to those on contract)
iii. Court approved mediators, coordinators, or evaluators
(including, but not limited to, those identified in a judicial roster
on the Idaho Supreme Court website)
iv. Filers who are compensated for the preparation and
submission of reports / evaluations
v. Business entities filing in small claims actions (Guide and File
and/or File and Serve)
vi. Insurance companies
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B. Self–represented Parties Using File and Serve. Self-represented
parties who are individuals and not attorneys may elect to
electronically file documents through File and Serve but are not
required to do so. Those who elect not to utilize electronic filing, and
who require paper / mail service from the court must identify the
physical address for service in the certificate of service and pay
designated mail service fees to the court clerk at the time of filing.
With the exception of an initial electronic filing of a petition for a civil
protection order made by a victim advocate on behalf of a
selfrepresented party through File and Serve, a self-represented party
who elects to electronically file and serve documents through the
electronic filing system must continue to do so for the life of the case
unless a court has granted a motion to withdraw from electronic filing
and service. Once a self-represented party withdraws from electronic
filing and service he or she may not return to this practice for the life
of the case.
C. Self-represented parties using Guide and File. Businesses filing in
small claims actions or self-represented parties (who are individuals)
who utilize Guide and File to file Court Assistance Office forms are not
required to submit subsequent filings through the electronic filing
system. Similarly, an initial case filing of a petition for a civil protection
order made by a victim advocate on behalf of a self-represented party
through Guide and File does not require the party to submit
subsequent filings through the electronic filing system.
2. Electronic Format and Limited Size.
A. A document, other than those excluded in subsections (b)(2)(B) and
(C) below, submitted electronically to the court must be in the form of
a text-searchable Portable Document Format (PDF) or a
textsearchable Portable Document Format/A (PDF/A) file, be directly
converted to PDF rather than scanned (if possible), and not exceed 50
megabytes. A document that exceeds the size limit must be broken
down and submitted as separate files that do not exceed 50
megabytes each. Separate files under this section must include in the
Filing Comments field for each submission a description that clearly
identifies the part of the document that the file represents, for
example, "Motion for Summary Judgment, part 1 of 2."
B. A document that is an attachment or exhibit (not motion, brief,
memorandum, etc.) that is a scanned image of its original form, may
be in standard PDF format and need not be text searchable as
required in subsection (b)(2)(A) above.
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C. Current Court Assistance Office forms approved by the Idaho
Supreme Court may be filed in Portable Document Format (.pdf) and
need not be text searchable as required in subsection (b)(2)(A) above.
3. Supplemental Attachments Added as Single File. Except as provided in
subsections (A) through (C) of this subsection, a document that includes
attachments must be submitted as a unified single PDF file to the extent
practicable. An electronic filing submitted under this section that exceeds 50
megabytes must comply with subsection (b)(2) of this rule.
A. A proposed order, judgment, or other document that requires court
signature must be submitted as a separate document.
B. An attachment that is exempt from disclosure or previously ordered
sealed must be submitted through the electronic filing system as a
separate document. A filer submitting a document must identify the
document in the Filing Comments field as confidential.
C. An application for fee waiver must be submitted as a separate
document.
D. A filer submitting separate documents under this subsection must
include in the Filing Description field a description that clearly
identifies each document. For each separate document submitted,
the detailed caption title, filing description in the electronic filing
system, and.pdf file title must be substantially identical.
4. Multiple Documents Submitted in Same Envelope. Documents that
pertain to the same case filed and / or served through the electronic filing
system at approximately the same time must be submitted in the same
envelope. An envelope cannot exceed 100 megabytes. A filer may submit
multiple envelopes at the same time if a singular submission would exceed
100 megabytes. Separate envelopes under this section must include in the
Filing Comments field for each submitted envelope a description that clearly
identifies the fact that the documents are being submitted in multiple
envelopes due to document size, for example, "Documents submitted in
multiple envelopes due to size, this is envelope 1 of 2."
5. Party Information. When submitting an electronic filing that creates a new
action or adds a party to an existing action, the filer must:
A. enter into the "Add Party" screen the names of all known parties or all
parties being added;
B. enter party names in proper case, for example, "John Doe" and not
"JOHN DOE" and should include all known name information,
including middle name and suffix;
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C. enter the address and phone number of all parties, if known;
D. select the “Party is a Business” indicator if the party is not an
individual.
6. Additional Technical / Format Requirements. Documents filed with the
court must comply with the additional technical and format requirements
contained in the Court’s approved Electronic Filing Guide. Note, however,
that documents that are exhibits as described above in subsection (b)(2)(B)
will not be rejected for format requirements.
7. Rejected Documents. Documents that do not comply with this rule, or the
requirements of the aforementioned Electronic Filing Guide, or court policy,
may be returned to the filer for correction. If the document is not corrected
as requested within the time frame provided for in subsection (e)(4) of this
rule, the document will be deemed to have not been filed.
(c) Electronic Signatures
1. Forms of Signature. A document may be electronically signed by:
A. inserting a digital image of the signing party’s handwritten signature
into the document; or
B. scanning the individual’s handwritten signature after the document
has been signed; or
C. using a signature block that includes the typed name of the individual
preceded by a “/s/” in the space where the signature would otherwise
appear. An example of a signature block with “/s/” is:
/s/ John Q. Smith
JOHN Q. SMITH
If the person signing is not either an attorney representing a party in
the case or a party in the case and the document is signed using the
person’s name preceded by “/s/,” a duplicate of the document must be
conventionally signed by the person signing and maintained by the
attorney or party submitting the document until the expiration of the
time to appeal or the determination of the appeal, whichever is longer.
2. Judge’s Signature. All electronically filed documents signed by the court
must be scanned or otherwise electronically produced so the judge’s original
signature or a digital image of the judge’s signature is shown.
3. Conventionally Signed Documents. To file a document that was
conventionally signed, the filer must either:
A. scan and OCR (Optical Character Recognition) the document; or
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B. create a Word document that substitutes the /s/ signature block in
place of the handwritten signature(s) and convert that document to a
PDF. If the signature replaced is that of opposing counsel or a third
party then the filer who submitted the document must maintain the
conventionally signed document or a scanned copy of the
conventionally signed document until the expiration of the time for
appeal or determination of the appeal.
C. A notary public’s signature and stamp may be submitted pursuant to
the process outlined in subsection (c)(3)(B) above. The version
submitted electronically by the filer may replace the actual notary seal
stamp with either the electronic image of their seal or “[Notary Seal].”
The filer who submitted the document must maintain the
conventionally signed document or a scanned copy of the
conventionally signed document until the expiration of the time for
appeal or determination of the appeal.
(d) Payment and Fee Waiver
1. Payment Due on Filing. A filer must pay the fees for filing a document
electronically at the time of electronic filing. Acceptance of the document
triggers payment to be captured. In the event the payment funds are not
available, at the time of filing or the acceptance, the filing will be rejected.
2. Fee Waivers and Deferrals. A filer may apply for a waiver of the filing fee
by submitting an application for waiver with the document to be filed.
A. If Fee Waiver Granted - Date of Filing. If the filer’s fee waiver
application is granted, the document is deemed to have been filed on
the date of the original submission.
B. If Fee Waiver Denied. If the filer’s fee waiver application is denied,
the document will be rejected and deemed to have not been filed.
Notice of fee waiver application denial will be forwarded to the filer per
subsection (e)(4) of this rule. The applicable statute of limitations will
therefore continue to run unless the filer resubmits the document with
payment as described below.
i. Resubmitting a document with full payment within 3
business days (excluding legal holidays) of the date of
notice of denial of fee waiver application denial, will result in
the filing date related back to the date of the original
submission to meet filing requirements.
ii. A filer who resubmits a document under this subsection
must copy the existing envelope and include in the Filing
Comment field notification for an electronic resubmission
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the following words: “Resubmission of filing with payment
after denial of fee waiver, request filing relate back to
_________, the date of original submission.”
C. NOTICE OF APPEAL TO SUPREME COURT – REQUEST FOR
WAIVER OF FILING FEE. All notices of appeal to the Supreme
Court must be file stamped with the date of original submission. The
appellant may apply for a waiver of the filing fee by submitting an
application for a fee waiver. The application must be first submitted to
the district court for entry of an order recommending waiver or no
waiver. The notice of appeal, application for fee waiver and district
court order recommending waiver or denial of waiver must be
forwarded to the Supreme Court.
(e) Electronic Filing
1. Electronic Filing.
A. The electronic filing of a document is accomplished when a filer
submits a document electronically to the court and the electronic filing
system receives the document.
B. When the electronic document is accepted for filing, the electronic
document constitutes the court’s record of the document.
2. Converting a Conventional Filing into an Electronic Format. The court
may digitize, record, scan, or otherwise reproduce a document that is filed
conventionally into an electronic record, document, or image.
3. Time of Filing.
A. For purposes of filing by electronic transmission, a "day" begins at
12:01 a.m. and ends at midnight. If electronic transmission of a
document is submitted and received before midnight it will be
considered filed on that day. For any questions of timeliness, the time
and date registered by the electronic filing system will be
determinative. For documents electronically filed, the date and time
that the filer submits the electronic filing will serve as the filing date
and time for purposes of meeting the statute of limitations or any other
filing deadlines, even if placed into an error queue for additional
processing. If a document is submitted on a Saturday, a Sunday, or a
legal holiday, it is deemed filed on the next available business day.
B. If the document is accepted for filing, the date and time of filing
entered in the register of actions relate back to the date and time the
electronic filing system received the document. When the document is
accepted for filing, the electronic filing system will affix the date and
time of submission on the document as the date and time of filing of
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the document. When the document is accepted for filing, the
electronic filing system will electronically notify the filer.
C. A proposed order is not filed unless it is signed by the judge after
review.
4. Request for Correction / Rejected Filings / Relief.
A. If a document submitted electronically for filing is not accepted, the
electronic filing system will send notification to the filer that explains
why the document was rejected or will describe an error or irregularity
and request correction and resubmission by the filer.
B. A filer who resubmits a document within 3 business days (excluding
legal holidays) of the date of the request for correction under this
section may request, as part of the resubmission, that the date of filing
of the resubmitted document relate back to the date of submission of
the original document to meet filing requirements. If the third day
following request for correction is not a judicial day, then the filer may
resubmit the filing with a request under this subsection on the next
judicial day. A filer who resubmits a document under this subsection
must copy the existing envelope and include in the Filing Comment
field notification for an electronic resubmission the following words:
“Resubmission of corrected filing, request filing relate back to
____________, the date of original submission.”
5. Technical Error / Relief.
A. Any party may obtain relief if the electronic filing system is temporarily
unavailable or if an error in the transmission of the document or other
technical problem prevents the electronic filing system from receiving
a document. Upon satisfactory proof of such an occurrence, the court
shall permit the filing date of the document to relate back to the date
the filer first attempted to file the document to meet filing
requirements. If appropriate, the court may adjust the schedule for
responding to these documents or the court's hearing, or provide
other relief. B. A filer who resubmits a document under this
subsection:
i. Must include in the Filing Comment field notification for an
electronic resubmission the following words: "Resubmission of
filing, submission unsuccessful, request filing date relate back
to _______, date of original submission.”
ii. Must also provide the date of the original attempted
submission, the date the filer was notified the submission was
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not successful, and explain the reason for requesting that the
date of filing relate back to the original submission. The
request for original filing date must be resubmitted within 7
business days (excluding legal holidays) of the date the filer
was notified the submission was not successful. If the seventh
day following notice of error is not a judicial day, then the filer
may resubmit the filing with a request under this subsection on
the next judicial day.
iii. May also include supporting exhibits that substantiate the
system malfunction together with the resubmission.
C. Technical errors on the part of the filer’s equipment or attempted
transmission within the filer's control will not generally excuse an
untimely filing. Counsel error in connection with electronic filing
requirements in a civil matter must be addressed under Idaho Rules
of Civil Procedure Rule 60(b).
6. Privacy Protection for Filings Made with the Court. Parties must refrain
from including or must partially redact, where inclusion is necessary, the
following personal data identifiers from all pleadings filed with the court,
including exhibits, unless otherwise ordered by the court or required by
federal or state law or court rule (see subsection (e)(6)(F-H) below for
procedure when identifiers are required):
A. Social Security Numbers. If an individual's social security number
must be included in a pleading, only the last four (4) digits of that
number are used.
B. Names of Minor Children. If the involvement of a minor child must be
mentioned, only the initials of that child are used.
C. Dates of Birth. If an individual's date of birth must be included in a
pleading, only the year is to be used and the date specified in the
following format: XX/XX/1998.
D. Financial Account Numbers. If financial account numbers are
relevant, only the last four digits of these numbers are to be used and
the number specified in substantially the following format:
XXXXX1234.
E. Driver’s License Numbers and State-Issued Personal
Identification Card Numbers. A person’s full driver’s license number
and state-issued personal identification number must not be included
in electronic filings. If an individual’s driver’s license number or
stateissued personal identification card number must be referenced in
an electronic filing, only the last four digits of that number are to be
used and the number specified in substantially the following format:
XXXXX350F. 
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F. Employer or Taxpayer Identification Number. If an employer
identification number or business’ taxpayer identification number must
be included in a pleading, only the last four (4) digits of that number
are used.
G. Exceptions
i. The redaction requirement does not apply to the record of a
court, tribunal, administrative or agency proceeding if that record
was filed before the effective date of this rule. ii. The
redaction requirement does not apply to documents that are
exempt from disclosure pursuant to Idaho Court Administrative
Rule 32.
iii. The redaction requirement does not apply to documents that
are required by statute or rule to include personal data
identifiers.
iv. The redaction requirement of an individual's date of birth does
not apply to charging documents or judgments in criminal
cases.
H. Options When Personal Data Identifiers are Necessary. A party
filing a redacted document need not also file an unredacted version of
the document; however, where inclusion of the unredacted personal
data identifiers is necessary, a party may:
i. File the redacted document together with a reference list that
identifies each item of redacted information and specifies an
appropriate identifier that uniquely corresponds to each item
listed. The list must be clearly identified as a reference list filed
pursuant to this rule and may be amended as of right. Any
reference in the action to a listed identifier will be construed to
refer to the corresponding item of information. The reference
list is exempt from disclosure pursuant to Idaho Court
Administrative Rule 32; however, courts will share the
reference list with other government agencies as required or
allowed by law without court order or application for purposes
of the business of those agencies.
ii. File the redacted document together with an unredacted copy
of the document. The unredacted copy must be clearly
identified as an unredacted copy filed pursuant to this rule. The
unredacted copy is exempt from disclosure pursuant to Idaho
Court Administrative Rule 32; however, courts will share the
unredacted copy with other government agencies as required
or allowed by law without court order or application for
purposes of the business of those agencies.
I. Orders, Judgments, and Decrees of the Court. 
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i. If possible, the court must refrain from including in a court
order, decree, or judgment, the personal data identifiers set
forth in subsections (e)(6)(A) through (e)(6)(H) of this rule.
ii. If personal data identifiers are included in the order, decree, or
judgment, the order, decree, or judgment must be exempt from
disclosure pursuant to Idaho Court Administrative Rule 32.
Copies of the order, decree, or judgment must be served on
the parties and must be available to the parties and other
government agencies without court order, decree, or judgment
for purposes of the business of those agencies. Upon request
a redacted copy must be prepared unless it is exempt from
disclosure under Idaho Court Administrative Rule 32.
However, no redacted copy of any order, decree or judgment
must be prepared until there is a specific request for the
document, in which case the document should be redacted in
the manner specified in Idaho Rule of Civil Procedure
2.6(1)(a)-(b) and section (e)(6)(A)-(G) of this rule.
iii. Exceptions. The court may include personal data identifiers in
orders that are exempt from disclosure pursuant to Idaho
Court Administrative Rule 32, or that are required by statute to
include personal data identifiers.
J. Responsibility for Compliance. The parties and counsel are solely
responsible for redacting personal data identifiers. The clerk will not
review each document for compliance with the rule. Failure to comply
with this rule is grounds for contempt.
K. Parties to Use Caution. Parties should exercise caution when filing
papers that contain private or confidential information, including, but
not limited to, the information covered above and listed below:
i. Medical records, treatment and diagnosis;
ii. Employment history;
iii. Individual financial information;
iv. Insurance information;
v. Proprietary or trade secret information;
vi. Information regarding an individual’s cooperation with the
government; and
vii. Personal information regarding the victim of any criminal activity.
L. Inform Clients. Counsel is strongly urged to share this information
with all clients so that an informed decision about the inclusion of
certain materials may be made. If a redacted document is filed, it is 
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the sole responsibility of counsel and the parties to be sure the
redaction of personal identifiers is done. The clerk will not review each
pleading for redaction.
(f) Documents that must be Filed Conventionally
1. Probate / Wills. Probate matters must be filed electronically. However, any
original will, along with any pleading to which it is attached, must be filed
both electronically and conventionally. The conventional filing must be made
no more than seven business days, excluding legal holidays, from the date
of electronic filing.
2. Warrants. A document delivered to the court to secure an arrest warrant
pursuant to Idaho Criminal Rule 4 must be filed conventionally. A document
delivered to the court to secure a search warrant pursuant to Idaho Criminal
Rules 41 may be filed conventionally.
3. Limits on Exhibits. A demonstrative or oversized exhibit must be filed
conventionally. Trial exhibits must not be filed unless or until they are
offered by a party to be admitted into evidence.
4. Grand Jury Material. Grand jury materials, which should also be
accompanied by a disk or CD-ROM containing the documents in .pdf format,
if possible, must be filed conventionally.
5. Charging Documents. Charging documents in a criminal action including
complaints and indictments must be filed conventionally unless filed through
an electronic system approved by the Supreme Court.
6. Federally Restricted Storage. A document or image that is barred from
electronic storage must be filed conventionally, including but not limited to
sexually explicit images of a minor.
7. Document Submitted for In Camera Inspection. A document submitted
for in camera inspection must be filed conventionally.
8. Motion to Seal Document. A motion to seal by court order and the
document that is the subject of the motion (which is treated as sealed until
the court rules on the motion), must be filed conventionally. After a court has
ordered documents sealed they may be electronically filed as part of or
exhibits to subsequent pleadings. Electronic submissions that include
documents sealed by the court must comply with (b)(3)(B) of this rule.
9. Foreign Subpoena. A foreign subpoena submitted to an Idaho court must
be filed conventionally.
10.Other Documents that cannot be Filed Electronically. Any document or
thing that cannot be scanned or otherwise converted to a Portable Document
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Format (.pdf) format must be filed conventionally. Upon a showing of good
cause, the court may accept for conventional filing a document that would
otherwise be required to be filed through the electronic filing system.
(g) Sealed and Confidential Documents / Records
If a filer identifies a document as "confidential," in the Filing Comments, the court
will verify that designation and after review may modify the designation of any
document incorrectly identified as “confidential.” Once the designation as
“confidential” is confirmed, the document will not be accessible to the public, but will
be accessible to court staff and, where applicable, to certain governmental entities
as authorized by law, court rule, or court order.
(h) Service
1. Consent to Electronic Service and Withdrawal of Consent; Service by
Conventional Means
A. A party who electronically appears in the action by filing a document
through the File and Serve electronic filing system, that the court has
accepted, is deemed to have given consent to accept electronic
service of any document filed by any other registered filer in this
action or the court, except for any document that requires personal
service, pursuant to the Idaho Rules of Civil Procedure. Service by
electronic means upon this filer through their designated service
contact is thereafter mandatory unless exempted by rule or court
order.
B. A filer who is dismissed as a party from the action or withdraws as an
attorney of record in the action, may withdraw consent to electronic
service in that specific action.
C. Once a party electronically appears in the matter by filing through the
File and Serve electronic filing system, that party has given consent to
electronic service in the matter per paragraph (h)(1)(A) above and
future service by electronic means in the matter is thereafter
mandatory unless exempted by rule or court order.
D. Service may be accomplished by conventional means:
i. in cases where an attorney or party has failed to designate a
service contact;
ii. where the party being served is a self-represented litigant who
has opted not to utilze the electronic filing system;
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iii. where service is upon a party who has not appeared in the
lawsuit; or
iv. where service is upon a third party who has not designated an
“Other Service Contact.”
E. Businesses filing in small claims actions or self-represented parties
(who are individuals) who utilize Guide and File to file Court
Assistance Office forms are not required to exchange service between
the parties through the electronic filing system. The electronic service
requirements of this subparagraph are applicable, however, if they
utilize File and Serve to electronically file or serve documents. Courts
may utilize email for service upon Guide and File users.
2. Contact Information
A. At the time of preparing the party’s first electronic filing in the action
through File and Serve, a party must enter the name and service
email address designated as a service contact on behalf of the party
in the action. This service contact must be utilized for service
between the parties through the electronic filing system. If an attorney
represents more than one party, it is permissiable to designate a
service contact(s) for a single party to be utilized for service upon all
parties represented by that attorney. Service through the system is
accomplished through the party’s designated service contact. Valid
legal service is not accomplished by utilizing the system’s “Courtesy
Copy” feature.
B. A party described in subsection (h)(1)(A) of this rule may enter in the
electronic filing system, as an “other service contact” in the action:
i. an alternative email address for the party; and
ii. the name and email address of any additional person whom
the party wishes to receive electronic notification of documents
electronically served in the action, as defined in subsection
(a)(8) of this rule. If a lawyer enters a client’s name and
contact information as an “other service contact” under this
subsection, then the lawyer is deemed to have consented for
purposes of Rule of Professional Conduct 4.2 to delivery to the
client of documents electronically served by other filers in the
action.
C. A party is responsible for updating any contact information for any
person whom the party has entered in the electronic filing system as
either a service contact for a party or as an “other service contact” in
an action.
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D. A party in the action may seek court approval to remove a person
entered by another party in the action as an “other service contact” in
an action if the person does not qualify as an “other service contact”
under subsection (a)(8) of this rule.
3. Selecting Service Contacts and Other Service Contacts
When preparing an electronic filing submission through File and Serve with
electronic service, a filer is responsible for selecting:
A. The appropriate service contacts in the action, for the purpose of
accomplishing electronic service as required by law of any
document being electronically filed; and
B. The appropriate other service contacts in the action, if any, for the
purpose of delivering an electronic copy of any document being
electronically filed.
C. Filers must not create or designate service contacts for other parties
unless selected from the Public Service Contact list derived from
submissions to the Idaho State Bar or loaded by the Idaho Supreme
Court.
4. Court Notification and Transmission Constituting Service
When the filer submits, and again when the document is accepted for filing
under subsection (e)(1)(a) of this rule, the electronic filing system sends an
email to the email address of the filer who submitted the document through
the electronic filing system. The email contains a hyperlink to access the
document or documents that have been filed electronically. Transmission of
the email by the electronic filing system to the selected service contacts in
the action constitutes service.
5. Completion and Time of Electronic Service
Electronic service is complete when the electronic filing system sends the
email to the selected service contacts in the action.
6. Additional Time After Late Service
If electronic service is accomplished after 5:00 p.m. local time on the day of
service, one (1) additional day will be added to the prescribed period.
7. Service of Discovery Documents.
Formal responses to discovery must be served through the electronic filing
system. Production of documents responsive to formal discovery may be
served conventionally or through the electronic filing system.
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8. Service Other than by Electronic Means
The filing party is responsible for accomplishing service in any manner
permitted by the applicable Idaho Rules of Civil Procedure or Idaho Criminal
Rule and for filing a proof of service with the court for the following
documents:
A. A document required to be filed conventionally under this chapter;
B. A document that cannot be served electronically on a party who is
listed in the action; and
C. A civil protective order or criminal no contact order.
9. Service of Documents by the Court
A. Idaho State Bar Members. All active members of the Idaho State Bar
must designate and submit a single email address to the Idaho State
Bar for the purpose of service of documents from the courts to that
attorney. The email address designated may be either a general
office address or an individual’s address. That same designated
email address must appear in the caption of all pleadings and in the
certificate of service used on all proposed pleadings for the court’s
review, signature, and service. The courts must use this designated
email address for service of all notices or orders generated and
served by the court. It is the attorney’s responsibility to ensure that the
correct email address is provided as required by Idaho Bar
Commission Rule 303.
B. All Others Users. Registered users, who are not members of the
Idaho State Bar, must furnish in the caption of all pleadings a single
email address which will be used for the purpose of service of
documents from the courts to the user. That same email address must
appear in all pleadings for that case and must be in the certificate of
service used on all proposed pleadings for the court’s review,
signature, and service. The courts must use this designated email
address for service of all notices or orders generated and served by
the court. It is the registered user’s responsibility to ensure that the
correct email address is provided and it may only be changed upon
notice to the court and parties.
C. Service of Executed Proposed Pleadings. Filers who submit (whether
conventionally or electronically) proposed pleadings for the court’s
review, signature, and service, (such as an order, notice of hearing,
judgment, decree, etc.) must:
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i. include a certificate of service that identifies the email address
necessary for the court to complete electronic service of those
parties who have electronically appeared in the action; and / or
ii. for those parties who have not electronically appeared and
require paper / mail service, the filer must identify the physical
address for service in the certificate of service and pay
designated service fees. If submitted through the electronic
filing system those fees are found in “Optional Services.” If
submitted conventionally, those fees must be paid to the court
clerk at the time of filing.
iii. summons, subpoenas, writs, and abstract judgments do not
require a certificate of service as they will be executed by the
clerk who reviews electronic filings and submitted back to the
filer through the File and Serve and Guide and File systems.
iv. must have a signature date line in the following format:
Date: ________________________
Do not use a format such as “On the ___ day of ____ 20__” as
this format does not allow for the courts electronic date
annotation.
(i) Protected Information
The use of information contained in a document filed electronically or information
accessed through the electronic filing system must be consistent with state and
federal law.
(j) Appeals to Supreme Court.
1. Notices of appeal and cross-appeal. The notice of appeal and cross-appeal
must be filed in compliance with I.A.R. 17 and I.A.R. 18, except that transcripts
must be requested in electronic format or both electronic format and hard copy.
2. Clerk’s or Agency’s Record on Appeal.
A. Clerk’s record. The clerk of the district court must prepare the designated
record in electronic format as follows:
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i. Arrangement and Numbering. Except for pre-scanned bulk files, all
pleadings, documents, and papers required to be in the clerk’s record must
be in chronological order as indicated by the date of filing. Each page of
the clerk's record must be numbered consecutively at the bottom of the
page. The numbering must include every page included in the record
even if it was not a filed document, such as the title page, the index, the
case summary and any register of actions.
ii. Bookmarks. The record must contain electronic bookmarks that link
to each document in the electronic record.
iii. Time for preparation. The clerk of the district court must prepare the
record and have it ready for service on the parties with 28 days of the
filing of the notice of appeal.
iv. Clerk’s Fee. The clerk of the district court must charge and collect a
fee for preparation of the record in the sum of $0.65 a page. Any party
may request an additional copy of the record on CD upon payment of
$20.00 to the clerk of the district court. Payment of the estimated fee and
waiver of the clerk’s fee is in accord with Idaho Appellate Rule 27.
B. Agency Record. Agency records, including transcripts and
exhibits, must be submitted in electronic format. The record must contain
bookmarks that link to each document in the electronic record.
C. Transcripts.
i. Designation and Preparation. All transcripts must be designated in
the notice of appeal or cross-appeal in accord with Idaho Appellate Rules
17 and 18. Transcripts must be provided in electronic format, but each
party may request one hard copy from the reporter at no additional
cost. The transcripts must be prepared in accord with Idaho Appellate
Rules 24, 25 and 26, except that the following provisions do not apply:
• Subsections (a) and (b) in Idaho Appellate Rule 24 on
number and use of transcripts and additional electronic copy;
• Subsection (l) of Idaho Appellate Rule 26 on binding.
ii. Filing. Upon completion of the transcript, the reporter must lodge
an electronic version of the transcript with theclerk of thedistrict court or
administrativeagency.
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iii. Service of Transcript and Clerk or Agency’s Record on Appeal on
the Parties
Upon completion of the reporter’s transcript, the reporter must lodge
the electronic transcript with the clerk of the district court or
administrative agency, and file a notice of lodging with the district
court clerk. Upon receipt of the transcript and upon completion of
the clerk or agency’s record, the clerk of the district court or clerk of
the administrative agency must serve one copy of the transcript and
record on the appellant and one copy on the respondent. The clerk
of the district court must accomplish this service electronically;
however, if the record and transcripts are too large for a party to
accept electronically then the record and transcripts may be placed on a
CD and served.
D. Settlement of Record on Appeal. Once the record on appeal has been
served on the parties, the parties have 28 days to object. Any objection
must be accompanied by a notice setting the objection for hearing and
must be heard and determined by the district court or administrative
agency from which the appeal is taken. After a determination is made, the
record on appeal is deemed settled as ordered by the district court or
administrative agency. The record on appeal may also be settled by
stipulation of all affected parties.
E. Filing Transcript and Record with Supreme Court. Upon settlement
of the reporter's transcript and clerk's or agency’s record, the clerk of the
district court or administrative agency must, within seven days, file the
electronic copy of the transcript and clerk's or agency’s record with the
Clerk of the Supreme Court. The Clerk of the Supreme Court must notify
all attorneys of record, or self- represented parties, of the date of filing and
also state when the briefs of the parties are required to be filed.
F. Briefing. Briefing in all case types must be submitted electronically to the
Supreme Court and served on the parties in compliance with this rule.
Otherwise, briefing must be in compliance with the Idaho Appellate
Rules, except that the following provisions do not apply to briefs
electronically filed:
• Subsection (a) in Idaho Appellate Rule 34 on number of copies.
• Subsection (d) in Idaho Appellate Rule 34 in that only one electronic
copy need be served on each party.
• Idaho Appellate Rule 34.1.
• Subsection (b) in Idaho Appellate Rule 36 on color and material of
cover.
• Those portions of subsection (c) in Idaho Appellate Rule 36 regarding
printing and binding. 
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Subsection (i) of Idaho Appellate Rule 5 on number of
copies. Subsection (e) of Idaho Appellate Rule 32 on
number of copies. Subsection (e) of Idaho Appellate Rule
40 on number of copies.
(k) Original Petitions, Motions and Memorandums of Costs. All original petitions,
motions and memorandum of costs must be filed electronically with the Supreme
Court and served in compliance with this rule. Otherwise, original petitions, motions
and memorandum of costs must be in compliance with the Idaho Appellate Rules,
except that the following provisions do not apply:

Subsection (i) of Idaho Appellate Rule 5 on number of copies. Subsection (e) of Idaho Appellate Rule 32 on number of copies. Subsection (e) of Idaho Appellate Rule 40 on number of copies. 
​

By Selim Star

In March Blaine County Court's will be moving to online filing. It is understood that for now people without an attorney will still be able to go to the courthouse and file, Attorneys will have to file everything through the online system. Ada County and Twin Falls County have been using this system for about a year. 

The online filing will be done through the website: 

https://mycourts.idaho.gov/

The company doing the switch to online filing is Tyler Technologies Inc.,using Odyssey software that they have used to switch other state courts, and county courts. 

If you need more information you might want to read the FAQ that was produced regarding the iCourt project: 

https://icourt.idaho.gov/projfaq

Alameda County, California (Berkeley, Oakland, East Bay Area) has had serious problems with the system and people have wrongly gone to jail because of computer errors. 

http://arstechnica.com/tech-policy/2016/12/court-software-glitches-result-in-erroneous-arrests-defense-lawyers-say/

In preparation for the switch to online filing the Idaho Supreme Court enacted the following rules: (The original Order is attached as a PDF at the bottom)



In the Supreme Court of the State of Idaho
IN RE: ORDER AMENDING RULE ON   )
ELECTRONIC FILING AND SERVICE    )           ORDER
The Court having received recommendations for amendments to the new rule on electronic filing and service and having reviewed those recommendations:
NOW THEREFORE IT IS ORDERED THAT:
1.         The attached rule regarding electronic filing and electronic service is adopted for use in those counties and district courts that have approval from the Supreme Court to accept filings electronically. This rule shall apply, in those designated courts, to all actions or proceedings after the effective date of this order.
2.         Upon the effective date of this order and implementation of electronic filing, any court rules in conflict with this rule are superseded, and the terms of the attached rule as it relates to electronic filing, electronic service and the electronic trial courts shall prevail.
3.         No court may make or enforce any local rule, other than those local rules authorized by the Idaho Supreme Court, governing the electronic filing and electronic service of documents in conflict with this newly adopted rule.
4.         Rules for electronic filings of appeals to the Supreme Court will be under a separate order.
DATED this 7'day of January, 2016.
Order of the Supreme Court
 
Rule ELECTRONIC FILING AND ELECTRONIC SERVICE (a) Definitions. The following definitions apply to this chapter:
1. "Conventional filing" means a process whereby a filer files a paper document with the court.
2. "Document" means a pleading, a paper, a motion, a declaration, an application, a request, a brief, a memorandum, an exhibit, or other instrument submitted by a filer, including any exhibit or attachment referred to in the instrument. Depending on the context, as used in this chapter, "document" may refer to an instrument in either paper or electronic form.
3. "Electronic filing" means the process whereby a filer electronically transmits documents to a court in an electronic form to initiate an action or to be included in the court file for an action.
4. "Electronic filing system" means the system provided by the Idaho Judicial Branch for the electronic filing and the electronic service of a document via the Internet, excluding the electronic filing of criminal citations by a method approved of by the Administrative Office of the Supreme Court.
5. "Electronic service" means the electronic transmission of a notice of filing by the electronic filing system to the electronic mail (email) address of a party who has consented to electronic service per subsection (h)(1 )(A) of this rule. The notice will contain a hyperlink to access a document that was filed electronically for the purpose of accomplishing service. When the serving entity is the court, electronic service may be completed through the electronic filing system or through conventional email.
6. "Filer" means a person registered with the electronic filing system who submits a document for filing with the court. The filer may be an attorney representing a party in the case, a party, or anyone authorized to submit documents for filing on their behalf.
7. "Service contact" means any party and their email address designated for electronic service and notification through the electronic filing system.
8. "Other service contact" means any person associated with the filer for purposes of an action whom the filer wishes to receive email notification from the electronic filing system of documents electronically served in the action. An "other service contact" includes another lawyer, administrator, or staff from the filer's place of business, or another person who is associated with the filer regarding the action or otherwise has a legitimate connection to the action.
9. "Accept" refers to the determination that a document electronically filed has met the standards set forth in the rules below. The court has the discretion to later reject such a filing if it deems it appropriate to do so.
10. "Confidential" in reference to documents or information means documents or information that will not be accessible to the public as it is exempt from disclosure or sealed by court order pursuant to Idaho Court Administrative Rule 32 or information barred from disclosure to the public under federal or state law. The information or document that is confidential may be accessible to certain court personnel and where applicable, to certain governmental entities as authorized by law, court rule, or court order.
11. "Conventionally signed document" means a paper document with a handwritten signature.
(b) Requirement! Format of Documents to be Filed Electronically
1. Requirement. Except for those documents that must be filed conventionally
pursuant to subsection (f) of this rule, attorneys must electronically file documents in courts where electronic filing has been mandated. Self-represented parties may elect to electronically file documents but are not required to do so.
2. Electronic Format and Limited Size.
A. A document, other than those excluded in subsections (b)(2)(B) and (C) below, submitted electronically to the court must be in the form of a text-searchable Portable Document Format (PDF) or a text-searchable Portable Document Format/A (PDF/A) file, be directly converted to PDF rather than scanned (if possible), and not exceed 25 megabytes. A document that exceeds the size limit must be broken down and submitted as separate files that do not exceed 25 megabytes each. Separate files under this section must include in the Filing Comments field for each submission a description that clearly identifies the part of the document that the file represents, for example, "Motion for Summary Judgment, part I of 2."
B. A document that is an attachment or exhibit (not motion, brief, memorandum, etc.) that is a scanned image of its original form, may be in standard PDF format and need not be text searchable as required in subsection (b)(2)(A) above.
C. Current Court Assistance Office forms approved by the Idaho Supreme Court may also be filed in Portable Document Format (.pdf) and need not be text searchable as required in subsection (b)(2)(A) above.
3. Supplemental Attachments Added as Single File. Except as provided in subsections (A) through (C) of this subsection, a document that includes attachments must be submitted as a unified single PDF file to the extent practicable. An electronic filing submitted under this section that exceeds 25 megabytes must comply with subsection (b)(2) of this rule.
OA
A. A proposed order, judgment, or other document that requires court signature must be submitted as a separate document.
B. An attachment that is confidential must be submitted as a separate document. A filer submitting a confidential document under this subsection must identify the document as confidential after attaching the confidential document.
C. An application for fee waiver must be submitted as a separate document.
D. A filer submitting separate documents under this subsection must include in the Filing Comments field a description that clearly identifies each document. The filer must also identify whether a document is "confidential" when prompted by the electronic filing system.
4. Party Information. When submitting an electronic filing that creates a new action or adds a party to an existing action, the filer must:
A. enter into the "Add Party" screen the names of all known parties or all parties being added;
B. enter party names in proper case, for example, "John Doe" and not "JOHN DOE" and should include all known name information, including middle name and suffix;
C. enter the address and phone number of all parties, if known;
D. select the "Party is a Business" indicator if the party is not an individual.
5. Additional Technical! Format Requirements. Documents filed with the court must comply with the additional technical and format requirements contained in the Court's approved Electronic Filing Guide. Note, however, that documents that are exhibits as described above in subsection (b)(2)(B) will not be rejected for format requirements.
6. Rejected documents. Documents that do not comply with this rule, or the requirements of the aforementioned Electronic Filing Guide, or court policy, may be returned to the filer for correction. If the document is not corrected as requested within the time frame provided for in subsection (e)(4) of this rule, the document will be deemed to have not been filed.
(c) Electronic Signatures
1. Forms of signature. A document may be electronically signed by:
A. inserting a digital image of the signing party's handwritten signature into the document; or
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B. scanning the individual's handwritten signature after the document has been signed; or
C. using a signature block that includes the typed name of the individual preceded by a "/s/" in the space where the signature would otherwise appear. An example of a signature block with "/s/' is:
/s/ John Q. Smith
JOHN Q. SMITH
If the person signing is not either an attorney representing a party in the case or a party in the case and the document is signed using the person's name preceded by "/s/," a duplicate of the document must be conventionally signed by the person signing and maintained by the attorney or party submitting the document until the expiration of the time to appeal or the determination of the appeal, whichever is longer.
2. Judge's signature. All electronically filed documents signed by the court must be scanned or otherwise electronically produced so the judge's original signature or a digital image of the judge's signature is shown.
3. Conventionally signed documents. To file a document that was conventionally signed, the filer must either:
A. scan and OCR (Optical Character Recognition) the document; or
B. create a Word document that substitutes the /s/ signature block in place of the handwritten signature(s) and convert that document to a PDF. If the signature replaced is that of opposing counsel or a third party then the attorney or party who submitted the document must maintain the conventionally signed document or a scanned copy of the conventionally signed document until the expiration of the time for appeal or determination of the appeal.
(d) Payment and Fee Waiver
1. Payment Due on Filing. A party must pay the fees for filing a document electronically at the time of electronic filing. Acceptance of the document triggers payment to be captured. In the event the payment funds are not available, at the time of filing or the acceptance, the filing will be rejected.
2. Fee Waivers and Deferrals. A party may apply for a waiver of the filing fee by submitting an application for waiver with the document to be filed.
A. If Fee Waiver Granted - Date of Filing. If the party's fee waiver application is granted, the document is deemed to have been filed on the date of the original submission.
B. If Fee Waiver Denied. If the party's fee waiver application is denied, the document will be rejected and deemed to have not been filed.
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Notice of fee waiver application denial will be forwarded to the filer per subsection (e)(4) of this rule. The applicable statute of limitations will therefore continue to run unless the filer resubmits the document with payment as described below.
Resubmitting a document with full payment within 3 business days (excluding legal holidays) of the date of notice of denial of fee waiver application denial, will result in the filing date related back to the date of the original submission to meet filing requirements.
A filer who resubmits a document under this subsection must include in the Filing Comment field notification for an electronic resubmission the following words: "RESUBMISSION OF FILING WITH PAYMENT AFTER DENIAL OF FEE WAIVER, REQUEST FILING RELATE BACK TO  , THE
DATE OF ORIGINAL SUBMISSION."
(e) Electronic Filing
1. Electronic Filing.
A. The electronic filing of a document is accomplished when a filer submits a document electronically to the court and the electronic filing system receives the document.
B. When the electronic document is accepted for filing, the electronic document constitutes the court's record of the document.
2. Converting a Conventional Filing into an Electronic Format. The court may digitize, record, scan, or otherwise reproduce a document that is filed
conventionally, but not identified in subparagraph (U of this rule, into an electronic record, document, or image.
3. Time of Filing.
A. For purposes of filing by electronic transmission, a "day" begins at 12:01 a.m. and ends at midnight. If electronic transmission of a document is received before midnight it will be considered filed on that day. For any questions of timeliness, the time and date registered by the electronic filing system will be determinative. For purposes of electronic filing only, the date and time that the filer submits the electronic filing will serve as the filing date and time for purposes of meeting the statute of limitations or any other filing deadlines, even if placed into an error queue for additional processing. If a document is filed on a Saturday, a Sunday or a legal holiday, is it deemed filed on the next available business day.
B. If the document is accepted for filing, the date and time of filing entered in the register of actions relate back to the date and time the electronic filing system received the document. When the document is accepted for filing, the electronic filing system will affix the date and time of submission on the document as the date and time of filing of the document. When the document is accepted for filing, the electronic filing system will electronically notify the filer.
C. A proposed order is not filed unless it is signed by the judge after review.
4. Request for Correction I Rejected Filings I Relief.
A. If a document submitted electronically for filing is not accepted, the electronic filing system will send notification to the filer that explains why the document was rejected or will describe an error or irregularity and request correction and resubmission by the filer.
B. A filer who resubmits a document within 3 business days (excluding legal holidays) of the date of the request for correction under this section may request, as part of the resubmission, that the date of filing of the resubmitted document relate back to the date of submission of the original document to meet filing requirements. If the third day following request for correction is not a judicial day, then the filer may resubmit the filing with a request under this subsection on the next judicial day. A filer who resubmits a document under this subsection must include in the Filing Comment field notification for an electronic resubmission the following words: "RESUBMISSION OF
CORRECTED FILING, REQUEST FILING RELATE BACK TO THE DATE OF ORIGINAL SUBMISSION."
5. Technical Error I Relief.
A. Any party may obtain relief if the electronic filing system is temporarily unavailable or if an error in the transmission of the document or other technical problem prevents the electronic filing system from receiving a document. The court may, upon satisfactory proof, permit the filing date of the document to relate back to the date the filer first attempted to file the document to meet filing requirements. If appropriate, the court may adjust the schedule for responding to these documents or the court's hearing, or provide other relief.
B. A filer who resubmits a document under this subsection:
Must include in the Filing Comment field notification for an electronic resubmission the following words: "RESUBMISSION OF FILING, SUBMISSION UNSUCCESSFUL, REQUEST FILING DATE RELATE BACK TO      ,DATE OF
ORIGINAL SUBMISSION."
ii. Must also provide the date of the original attempted submission, the date the filer was notified the submission was not
successful, and explain the reason for requesting that the date of filing relate back to the original submission.
iii.        May also include supporting exhibits that substantiate the system malfunction together with the resubmission.
C. Technical errors on the part of the filer's equipment or attempted transmission within the filer's control will not generally excuse an untimely filing. Counsel error in connection with electronic filing requirements in a civil matter must be addressed under Idaho Rules of Civil Procedure Rule 60(b).
6. Privacy protection for Filings Made with the Court. Parties must refrain from including or must partially redact, where inclusion is necessary, the following personal data identifiers from all pleadings filed with the court, including exhibits, unless otherwise ordered by the court or required by federal or state law or court rule (see subsection (e)(6)(F-H) below for procedure when identifiers are required):
A. Social Security Numbers. If an individual's social security number must be included in a pleading, only the last four (4) digits of that number are used.
B. Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child are used.
C. Dates of Birth. If an individual's date of birth must be included in a pleading, only the year is to be used and the date specified in the following format: XXIXX/1 998.
D. Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers are to be used and the number specified in substantially the following format:
XXXXXI 234.
E. Driver's License Numbers and State-Issued Personal Identification Card Numbers. A person's full driver's license number and state-issued personal identification number must not be included in electronic filings. If an individual's driver's license number or state-issued personal identification card number must be referenced in an electronic filing, only the last four digits of that number are to be used and the number specified in substantially the following format: XXXXX35OF.
F. Exceptions
i. The redaction requirement does not apply to the record of a court, tribunal, administrative or agency proceeding if that record was filed before the effective date of this rule.
ii. The redaction requirement does not apply to documents that
7
are exempt from disclosure pursuant to Idaho Court Administrative Rule 32.
iii. The redaction requirement does not apply to documents that are required by statute or rule to include personal data identifiers,
G. Options when personal data identifiers are necessary. A party filing a redacted document need not also file an unredacted version of the document; however, where inclusion of the unredacted personal data identifiers is necessary, a party may:
L File the redacted document together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be clearly identified as a reference list filed pursuant to this rule and may be amended as of right. Any reference in the action to a listed identifier will be construed to refer to the corresponding item of information. The reference
list is exempt from disclosure pursuant to Idaho Court Administrative Rule 32; however, courts will share the reference list with other government agencies as required or allowed by law without court order or application for purposes of the business of those agencies.
File the redacted document together with an unredacted copy of the document. The unredacted copy must be clearly identified
as an unredacted copy filed pursuant to this rule. The unredacted copy is exempt from disclosure pursuant to Idaho Court Administrative Rule 32; however, courts will share the unredacted copy with other government agencies as required or allowed by law without court order or application for purposes of the business of those agencies.
H. Orders, Judgments, and Decrees of the Court.
If possible, the court must refrain from including in a court order, decree, or judgment, the personal data identifiers set forth in subsections (e)(6)(A) through (e)(6)(G) of this rule.
If personal data identifiers are included in the order, decree, or judgment, the order, decree, or judgment must be exempt from disclosure pursuant to Idaho Court Administrative Rule 32. Copies of the order, decree, or judgment must be served on the
parties and must be available to the parties and other government agencies without court order, decree, or judgment for purposes of the business of those agencies. Upon request a redacted copy must be prepared. However, no redacted copy of any order, decree or judgment must be prepared until there is
a specific request for the document, in which case the document should be redacted in the manner specified in Idaho Rule of Civil Procedure 3(c)(1 )(a)(b) and section (e)(6)(A)-(E)
8
of this rule.
iii.        Exceptions. The court may include personal data identifiers in
orders that are exempt from disclosure pursuant to Idaho Court Administrative Rule 32, or that are required by statute to include personal data identifiers.
I. Responsibility for Compliance. The parties and counsel are solely responsible for redacting personal data identifiers. The clerk will not review each document for compliance with the rule. Failure to comply with this rule is grounds for contempt.
J. Parties to Use Caution. Parties should exercise caution when filing papers that contain private or confidential information, including, but not limited to, the information covered above and listed below:
i. Medical records, treatment and diagnosis;
ii. Employment history;
iii. Individual financial information;
iv. Insurance information;
v. Proprietary or trade secret information;
vi. Information regarding an individual's cooperation with the government; and
vii. Personal information regarding the victim of any criminal activity.
K. Inform Clients. Counsel is strongly urged to share this information with all clients so that an informed decision about the inclusion of certain materials may be made. If a redacted document is filed, it is the sole responsibility of counsel and the parties to be sure the redaction of personal identifiers is done. The clerk will not review each pleading for redaction.
(f) Documents that must be Filed Conventionally
1. Probate I Wills. Probate matters must be filed electronically. However, any original will, along with any pleading to which it is attached, must be filed both electronically and conventionally. The conventional filing must be made no more than seven business days, excluding legal holidays, from the date of electronic filing.
2. Warrant A document delivered to the court to secure a warrant pursuant to Idaho Criminal Rule 4.
3. Limits on Exhibits. A demonstrative or oversized exhibit.
4. Grand Jury material. Grand jury materials, which should also be
 
accompanied by a disk or CD-ROM containing the documents in .pdf format, if possible.
5. Charging documents. Charging documents in a criminal action including complaints and indictments unless filed through an electronic system approved by the Supreme Court.
6. Federally restricted storage. A document or image that is barred from electronic storage, including but not limited to sexually explicit images of a minor.
7. Document submitted for in camera inspection. A document filed subject to in camera inspection.
8. Motion to Seal Document A motion to seal by court order and document that is the subject of the motion (which is treated as sealed until the court rules on the motion).
9. Notice of Appeal to Supreme Court. A notice of appeal to the Idaho Supreme Court. In addition, original actions filed under Idaho Appellate Rule 5.
10. Other documents that cannot be filed electronically. Any document that cannot be scanned or otherwise converted to electronic format. Upon a showing of good cause, the court may accept for conventional filing a document that would otherwise be required to be file through the electronic filing system.
(g) Sealed and Confidential Documents I Records
1. A document marked as "confidential" will not be accessible to the public, but will be accessible to court staff and, where applicable, to certain governmental entities as authorized by law, court rule, or court order.
2. Upon review, the court may modify the designation of any document incorrectly designated as confidential and must provide prompt notice of any such change to the filing party.
(h) Electronic Service
1. Consent to Electronic Service and Withdrawal of Consent.
A. A party who electronically appears in the action by filing a document through the electronic filing system, that the court has accepted, is deemed to have given consent to accept electronic service of any document filed by any other registered filer in an action or the court, except for any document that requires personal service, pursuant to the Idaho Rules of Civil Procedure. Service by electronic means upon this filer is thereafter mandatory unless exempted by rule or court
10
order.
B. A filer who is dismissed as a party from the action or withdraws as an attorney of record in the action, may withdraw consent to electronic service in that specific action.
C. Service may be accomplished by conventional means in cases that were active prior to the implementation of electronic filing and service. Once a party electronically appears in the matter by filing through the electronic file and serve system, however, that party has given consent to electronic service in the matter per paragraph (h)(1 )(A) above and future service by electronic means in the matter is thereafter mandatory unless exempted by rule or court order.
2. Contact Information
A. At the time of preparing the party's first electronic filing in the action, a filer must enter the name and service email address designated as a service contact on behalf of the party in the action.
B. A party described in subsection (h)(1)(A) of this rule may enter in the electronic filing system, as an other service contact in the action:
an alternative email address for the party; and
the name and email address of any additional person whom the party wishes to receive electronic notification of documents electronically served in the action, as defined in subsection (a)(8) of this rule. If a lawyer enters a client's name and contact information as an other service contact under this subsection, then the lawyer is deemed to have consented for purposes of Rule of Professional Conduct 4.2 to delivery to the client of documents electronically served by other filers in the action.
C. A party is responsible for updating any contact information for any person whom the party has entered in the electronic filing system as either a service contact for a party or as an other service contact in an action.
D. A party in the action may seek court approval to remove a person entered by another party in the action as an other service contact in an action if the person does not qualify as an other service contact under subsection (a)(8) of this rule.
3. Selecting Service Contacts and Other Service Contacts
When preparing an electronic filing submission with electronic service, a filer is responsible for selecting:
11
A. The appropriate service contacts in the action, for the purpose of accomplishing electronic service as required by law of any document being electronically filed; and
B. The appropriate other service contacts in the action, if any, for the purpose of delivering an electronic copy of any document being electronically filed.
4. Court Notification and Transmission Constituting Service
When the filer submits, and again when the document is accepted for filing under subsection (e)(1)(a) of this rule, the electronic filing system sends an email to the email address of each person whom the filer selected as a service contact or other service contact under subsection (h)(3) of this rule.
The email contains a hyperlink to access the document or documents that have been filed electronically. Transmission of the email by the electronic filing system to the selected service contacts in the action constitutes service.
5. Completion and Time of Electronic Service
Electronic service is complete when the electronic filing system sends the email to the selected service contacts in the action.
6. Additional Time After Late Service
If electronic service is accomplished after 5:00 p.m. local time on the day of service, one (1) additional day will be added to the prescribed period.
7. Service Other than by Electronic Means
The filing party is responsible for accomplishing service in any manner permitted by the applicable Idaho Rules of Civil Procedure or Idaho Criminal Rule and for filing a proof of service with the court for the following documents:
A. A document required to be filed conventionally under this chapter;
B. A document that cannot be served electronically on a party who is listed in the action; and
C. A civil protective order or criminal no contact order.
8. Service of Documents by the Court at the Request of Parties
Filers who submit proposed pleadings for the court's review, signature, and
service (such as an order, notice of hearing, judgement, decree, etc.) must:
A. include a certificate of service that identifies the email address necessary for the court to complete electronic service of those parties
who have electronically appeared in the action; and I or
B. for those parties who have not electronically appeared and require paper / mail service, the filer must pay designated service fees found in "Optional Services"
(i) Protected Information
The use of information contained in a document filed electronically or information accessed through the electronic filing system must be consistent with state and federal law.

 There appears to be some confusion as to who gets which tax benefits and I think an examination of the Idaho Child Support Guidelines and IRS Publication 504 might resolve these issues. There are many tax benefits to having children and very different rules as to which parent can claim those benefits. The most common benefits are: 

• ​Exemption, listing child as a dependent.
• Child Tax Credit
• Head of Household Filing Status
• Credit for Child and Dependent Care Expenses
• Exclusion for Dependent Care Benefits
• Earned Income Credit

 
PLEASE BE AWARE: Taxes change constantly and the Idaho Child Support Guidelines change constantly. This is not tax advice, you need to bring your child support order to your tax preparer in order to determine the proper way to file your taxes. 

ONE EXAMPLE: 

Your situation may be different but this is a common scenario where the Mother has the children more than 50% of the overnights, Father has less than 50% of the overnights and order states that Father pays child support and puts the children as dependents on his taxes. (This example may not fit your situation as every family is completely different, but may be helpful nonetheless)

The child tax credit is included in the pro rata dependency calculation that the ICSG uses. If Father gets to claim the dependency he claims the children for child tax credit as well. The earned income credit, head of household, and credit for child care expenses are separate, and whoever has the children for more than 50% of the overnights in the year can claim those benefits.

The guidelines address which tax benefits are included in the calculations and which are separate in the footnote to IRFLP Rule 126(H)3(footnote), which reads: 

 IRFLP Rule 126(H)3(footnote):
These Guidelines attempt to calculate a deduction that is accurate as of the date the chart is implemented; however, the tax laws may change and the court may deviate from these calculations upon a showing that it is not accurate in a particular case. Parties should bear in mind if they wish to contest a calculation that this chart includes tax calculations for a dependency exemption for each dependent and child tax credits, and does not include a calculation for a child care tax credit or an earned income credit. For purposes of calculation of the Idaho child support obligation, tax benefit includes both the dependency exemption benefit and the child tax credit benefit. The tax benefit includes the refundable and nonrefundable portion of the child tax credit. The child tax credit of $1,000 is not available in the year a child turns 17 or thereafter. To determine the tax benefit to a parent with a child over 17, go to the last column to the right for the number of children in the calculation, and use only the amount in that column in excess of $1,000.
Full text here: https://www.isc.idaho.gov/rules/irflp/IRFLP_Rule126-7.1.15.pdf

There is an example in the IRS publication that is informative. The IRS rules are republished in Publication 504 every year and are difficult to follow, I have included an excerpt from page 12-13 ‘example 1’ (the second example 1) as follows:
 
Excerpt from page 12-13 ‘example 1’ (the second example 1):
Example 1. You and your 5-year-old son lived all year with your mother, who paid the entire cost of keeping up the home. Your AGI is $10,000. Your mother's AGI is $25,000. Your son's father does not live with you or your son. Under the rules for children of divorced or separated parents (or parents who live apart), your son is treated as the qualifying child of his father, who can claim an exemption and the child tax credit for the child if he meets all the requirements to do so. Because of this, you cannot claim an exemption or the child tax credit for your son. However, your son's father cannot claim your son as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the earned income credit. You and your mother did not have any child care expenses or dependent care benefits, but the boy is a qualifying child of both you and your mother for head of household filing status and the earned income credit because he meets the relationship, age, residency, support, and joint return tests for both you and your mother. (Note: The support test does not apply for the earned income credit.) However, you agree to let your mother claim your son. This means she can claim him for head of household filing status and the earned income credit if she qualifies for each and if you do not claim him as a qualifying child for the earned income credit. (You cannot claim head of household filing status because your mother paid the entire cost of keeping up the home.) 
The full text of publication 504 is here: https://www.irs.gov/pub/irs-pdf/p504.pdf

It would appear that Publication 504 is saying that the tax dependency and child tax credit are Father's, if awarded the tax dependency as per the child support order, but the head of household, credit for child care expenses and earned income credit are would be the parent who had the children for more than 50% of the overnights in the year.

Form 8332 is required to be signed by the parent that is not declaring the children as a dependent. 

ADDITIONALLY: There is an argument that the earned income tax credit can be income. 

 A guardianship is generally seen as giving the guardian all aspects of custody to a Guardian. That being said there are many times when the Guardian wants the natural parents to have some visitation or a natural parent may already be in a position where they are sharing custody with a guardian and may have a dispute regarding the exact nature of parenting time, child support, or of the guardianship.

The written statutes do not give us clear guidance as to how to modify, create or terminate a guardianship, but the courts have been asked to determine how to reconcile the competing interests of guardians and other people desiring custody or parenting time.

This is extremely confusing and difficult area of family law and you should consult an attorney that has had some experience in this particular area.  

A recent Idaho Supreme Court case gave us a little guidance on how to analyze such a request, in Doe v. Doe, 150 Idaho 432 (Idaho 2011) the Court stated: 

" [a]ny person interested in the welfare of a ward, or the ward, if fourteen (14) or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward " Doe at p. 436. (Quoting Idaho Code § 15-5-212(a).)

and also

In determining the best interest of the children, the magistrate court could and should consider that it is usually in the best interest of the children to be in the custody of the natural parent(s). That factor can and should be considered in reaching the ultimate conclusion of whether termination of the guardianship is in the best interest of the child. Id.

​By Selim Star

Custody can be awarded to a non-parent, someone who is not the adopted parent nor the natural parent, in certain circumstances. 

In this manner you can be awarded custody of a child that is not your biological child but may be a child of your ex-girlfriend, ex-boyfriend, ex-wife or ex-husband. Even in a situation where someone dropped a child off at your house, you may apply for custody with the court. Or you may be the grandparents of the minor child.

In some circumstances a guardianship or a termination of parental rights action combined with an adoption may be more appropriate. 

Please consult an attorney if you are in this situation as it is extremely difficult and confusing area of the law. 

The Idaho Supreme Court in Stockwell v. Stockwell, 116 Idaho 297, 299 (1989) allowed a nonparent visitation rights and stated: 

The paramount consideration in any dispute involving  the custody and care of a minor child is the child's best interests. I.C. Sec 32-717. In custody disputes between a "non'Parent" (i.e., an individual who is neither legal nor natural parent) and a natural parent, Idaho courts apply a presumption that a natural parent should have custody as opposed to other lineal or collateral relatives or interested parties. This presumption operates to preclude consideration of the best interests of the child unless the nonparent demonstrates either that the natural parent has abandoned the child, that the natural parent is unfit of that the child has been in the nonparent's custody for an appreciable time. 

But see Troxell v. Granville, 530 US 57 (2000) (Which held that the constitution's due process clause allowed natural parents a fundamental right to make decisions regarding their children, that parents decisions should have 'special weight', and that 'special factors' might justify a State trumping a parent's decision)

See also Hernandez v. Hernandez, 151 Idaho 882 (2011) (Which did not overrule Stockwell, but was post Troxel)

By Selim Star

 In general a child’s home state is where the child lived for at least six consecutive months immediately before commencement of a child custody proceeding, although there are exceptions and clarifications. The Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) was passed by all 50 states as an attempt to reduce multiple states making a determination of custody that conflict. Each state passed a slightly different version of the UCCJEA and can be very confusing and complicated. 

Determining which state to file a custody action is very complicated and you should contact an attorney immediately, because it is extremely time sensitive and unforgiving in some senses. You might find yourself fighting custody in a far away state which could have been avoided if you had filed first or spoke to an attorney first. 

Just because you have a child support order from another state that may not prevent you from filing for custody in Idaho. That child support order may not be a “child custody determination,” according to the UCCJEA.
 
Idaho Code 32-11-102
(c)  "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
 
Idaho Code 32-11-201
Idaho has jurisdiction if “This state is the home state of the child on the date of the commencement of the proceeding”
 
Idaho Code 32-11-102(g)
(g)  "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(Last viewed 12/17/2015, http://legislature.idaho.gov/idstat/Title32/T32CH11PT1.htm)

​

By Selim Star

In Idaho you can annul your marriage or receive an annulment if certain conditions are met. Annulments are rare and you should speak to an attorney to see if it is advantageous or whether a divorce is the proper way to move forward.  

As per Idaho Code Sec. 32-501 you must: 

32-501.  GROUNDS OF ANNULMENT. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
1.  That the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent, and such marriage was contracted without the consent of his or her parents or guardian, or persons having charge of him or her; unless, after attaining the age of consent, such party for any time freely cohabits with the other as husband or wife;
2.  That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force;
3.  That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;
4.  That the consent of either party was obtained by fraud, unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife;
5.  That the consent of either party was obtained by force, unless such party afterwards freely cohabited with the other as husband or wife;
6.  That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable. (last viewed, 12/1/2014
 http://www.legislature.idaho.gov/idstat/Title32/T32CH5SECT32-501.htm)


Fraud is not defined in the Idaho Statutes and unclear in Idaho law. California law had the same language as the Idaho Statute and the California Appeals Court in Handley v. Handley, 179 Cal.App.2d 742 (Cal. App. 1960), defined fraud as:


" It is well settled that in this state a marriage may be only annulled for fraud if the fraud relates to a matter which the state deems vital to the marriage relationship. Maslow v. Maslow, 117 Cal.App.2d 237; Bruce v. Bruce, 71 Cal.App.2d 641; Bragg v. Bragg, 219 Cal. 715, 720; Marshall v. Marshall, 212 Cal. 736, 738-739, 75 A.L.R. 661; Mayer v. Mayer, 207 Cal. 685, 695; Foy v. Foy, 57 Cal.App.2d 334. The fact represented or suppressed, as the case may be, is deemed material if it relates to a matter of substance and directly affects the purpose of the party deceived in entering the contract. The deceived party may be relieved from his contract upon proof that he would not have entered into it if he had known the facts and performance of it would give him substantially less than he bargained for. Schaub v. Schaub, 71 Cal.App.2d 467, 475.


        Under the above rules, our courts have held that the following were sufficient to justify an annulment of the marriage: the fact, concealed from the husband at the time of marriage, that the wife did not intend to have sexual relations with him (Rathburn v. Rathburn, 138 Cal.App.2d 568; Millar v. Millar, 175 Cal. 797, L.R.A.1918B, 415); or that one party before the marriage promised to have normal and natural intercourse which might result in the birth of children, without any intention of keeping the promise. Maslow v. Maslow, 117 Cal.App.2d 237; the fact that the wife concealed from the husband that at the time of their marriage she was pregnant by another man (Hardesty v. Hardesty, 193 Cal. 330); the known fact of sterility concealed from the other spouse at the time of marriage (Aufort v. Aufort, 9 Cal.App.2d 310; Vileta v. Vileta, 53 Cal.App.2d 794); the concealment of marital history (Williams v. Williams, 178 Cal.App.2d 522, 3 Cal.Rpter. 59); the fact that the husband had represented to the wife that he was an honest law abiding respectable and honorable man when in fact he had been convicted of grand theft, was a parole violator and a fugitive from justice and was guilty of failure to support two children of a former marriage (Douglass v. Douglass, 148 Cal.App.2d 867); the fact that the wife married the husband only for the purpose of acquiring an interest in his property and secretly intended to carry on her intimate relations with another. Schaub v. Schaub, 71 Cal.App.2d 467."


Please consult an attorney as Idaho law may differ slightly and Judges are not as familiar with annulments as they are with divorces. 

By Selim Star


I am often asked to give a general outline of the chronology of what events to expect throughout the course of a divorce action. There is no way to predict every event, and nor can you predict the order of events, but the following is a general outline of normal events that can be expected.

Please note that a settlement can be arranged at any time during the divorce. A settlement can be done before either party even speaks to an attorney, or on the morning of trial and at any time in between. Judges differ greatly as well, for example some Judges will not allow you to file a motion for temporary orders before mediation has been attempted.

In addition, each district is different, as some still follow the Idaho Rules of Civil Procedure and others follow the Idaho Rules of Family Law Procedure.

Every Divorce is extremely different as everyone's situations are extremely different PLEASE CONSULT AN ATTORNEY IMMEDIATELY to have a better understanding of the important events in your divorce.

GENERAL CHRONOLOGICAL LIST OF IMPORTANT EVENTS IN THE COURSE OF A DIVORCE.

• Initial interview with your attorney.
• Review and Sign the Petition.
• File Petition with the Court with filing fee.
• Serve Filed Petition, Summons, Joint Preliminary Injunction and Order to Attend Parenting Classes (if children).
• Sign up for and attend parenting class.
• Wait 20 days. (if no answer file default)
• Prepare and file Answer to Counterclaim.
• Scheduling Conference. (generally set pretrial and trial date)
• Prepare response to Mandatory Disclosures (due in 35 days from responsive pleading) and Interrogatories and Request for Production of Documents (due 30 days from service).
• Attend Mediation.
• Hire experts if necessary. (custody, vocational, appraisers)
• Motion and Hearing for Temporary Orders (if need to address immediate custody and support concerns or other concern)
• Motions and Hearings regarding discovery (must be done 45 days before pretrial).
• Pre-trial.
• Trial.
• Motion for Reconsideration, or New Trial.
• Appeal.

Some Judges in the Fifth District are sending out an order which explains the Mandatory Disclosures in Idaho Rules of Family Law Procedure (IRFLP) 401. 

I have included a copy of that Order below and it is interesting as it explains better when you need to provide information about debts and assets, as this order indicates that you need not do so when only custody and child support are in controversy. 

If you are thinking "What information do I need to gather to file a custody action or a divorce action?" The Mandatory Disclosures is a good place to start. 

The Order which addresses IRFLP 401 was attached to the Order to Attend Scheduling Conference (which Blaine County sends out automatically when an answer is filed) is as follows: 


ADDENDUM TO SCHEDULING CONFERENCE ORDER

Pursuant to IRFLP 401 and good cause appearing;

IT IS HEREBY ORDERED that within thirty-five (35) days of the date of this Order, the parties shall disclose under oath, to every other party, the following information:

1.         In a case in which child support is an issue, each party (with the exception of the Idaho Department of Health and Welfare) shall disclose the following information to the other party:

a.         A fully completed Affidavit Verifying Income on a form substantially in compliance with Rule 126.1 and Appendix A and a Child Support Worksheet substantially in compliance with Rule 126.1 and Appendix B or C;

b.         Proof of income of the party from all sources, specifically including W-2 forms, 1099 forms, and K-I forms, for the prior two (2) completed calendar years, and year-to-date income information for the current calendar year. including, but not limited to, year-to-date pay stub, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance;

c.         Proof of the amount of court-ordered child support and spousal maintenance actually paid by the party in any case other than the one in which disclosure is being provided;

d.         Proof of the cost of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition;

e.         Proof of the cost of any child care expenses paid by the party for any child listed or referenced in the petition;

f.          Proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition; and

g          Proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed or referenced in the petition.

2.         When Health and Welfare is a party to a case in which child support and/or other financial matters regarding the child(ren) are at issue, IDHW shall disclose all financial information at its disposal after redacting social security numbers to the other parties who have made an appearance in the case.
[sic]
4.         If either party has requested an award of spousal maintenance or an award of attorneys' fees and costs, each party shall disclose the following information to the other:

a.         A fully completed affidavit containing the information required by Rule 504.A.2; and

b.         Those documents set forth in subdivision A.2 above.

5.         Unless the parties have entered into a written agreement disposing of all property issues in the case or no property is at issue in the case, each party shall prepare a list of all items having a fair market value more than $100 of real and personal property, including, but not limited to, household furniture, furnishings, antiques, artwork, vehicles, jewelry and similar items in which any party has an interest, together with the party's estimate of current fair market value (not replacement value) for each item. In addition, each party shall provide to the other party the following documents:

a.         Copies of all deeds, deeds of trust, purchase agreements, escrow documents, settlement sheets, and all other documents that disclose the ownership, legal description, purchase price and encumbrances of all real property owned by any party;

b.         Copies of all monthly or periodic bank, checking, savings, brokerage and security account statements in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure;

c.         Copies of all monthly or periodic statements and documents showing the value of all pension, retirement, stock option, and annuity balances, including Individual Retirement Accounts, 401(k) accounts, and all other retirement and employee benefits and accounts in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information;

d.         Copies of all monthly or periodic statements and documents showing the cash surrender value, face value, and premiums charged for all life insurance policies in which any party has an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available for this time period, the most recent statements or documents that disclose the information;

e.         Copies of all documents that may assist in identifying or valuing any item of real or personal property in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition, including any documents that the party may rely upon in placing a value on any item of real or personal property;

f.          Copies of all business tax returns, balance sheets, profit and loss statements, and

all documents that may assist in identifying or valuing any business or business interest for the last two (2) completed calendar or fiscal years and through the latest available date prior to disclosure with respect to any business or entity in which any party has an interest or had an interest for the period commencing twenty-four (24) months prior to the filing of the petition; and

g.         Copies of any bankruptcy filings of the parties, or either of them. If a party does not possess a copy of any of the above documents, they shall provide the name, address and telephone number of the custodian of the documents.

            6.         Unless the parties have entered into a written agreement disposing of all debt issues in the case or no debts are at issue in the case, each party shall prepare a list of a list of all debts identifying the creditors and the amounts owed. In addition, each party shall provide to the other party the following documents:

a.         Copies of all monthly or periodic statements and documents showing the balances owing on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property in which the party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information; and

b.         Copies of credit card statements and debt statements for all months for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure.

7.         Forty-two (42) days before trial each party shall disclose the names, addresses, and telephone numbers of any witness whom the disclosing party expects to call at trial, along with a statement fairly describing the substance of each witness's expected testimony. A party shall not be allowed to call witnesses who have not been disclosed at least forty-two (42) days before trial, or such different period as may be ordered by the court.

8.         Forty-two (42) days before trial each party shall disclose the name, address and telephone number of any person whom the disclosing party expects to call as an expert witness at trial, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, a summary of the grounds for each opinion, the qualifications of the witness, and the name and address of the custodian of copies of any reports prepared by the expert. A party shall not be allowed to call an expert witness who has not been disclosed at least forty-two (42) days before trial or such different period as may be ordered by the court.

IT IS FURTHER ORDERED that:

1.         The duty described in this Order shall be a continuing duty, and each party shall make additional or amended disclosures before a motion hearing or trial in the event new or different information is discovered or revealed.
         
2.         The disclosures shall not be filed with the Court. The party receiving disclosures shall retain the original of the disclosures with the original proof of service affixed thereto until one (1) year after final disposition of the action. At that time, the originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.

3.         The party serving disclosures shall file with the court a notice of when the disclosures were served and upon whom.

4.         Nothing in this Order shall preclude relevant additional discovery by a party in a family law case, in which case further discovery may proceed as set forth in these rules of family law procedure. If a party believes more detailed disclosure is necessary other than that set forth herein, that party may obtain discovery by one or more of the following methods: written [sic]."