Selim Star 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
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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.
| current-e-filing-rule-april-2018.pdf |
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