Rule 206 – General or Special Appearance

May 11, 2021 | Family Law, Idaho

A. General appearance. The voluntary appearance of a party or service of any pleading by the party, except as provided in subsection B hereof, constitutes voluntary submission to the personal jurisdiction of the court.
B. Motion or special appearance to contest personal jurisdiction. Motion or special appearance to contest personal jurisdiction. A motion under Rule 502. A.2, 4 or 5 whether raised before or after judgment, a motion under Rule 107 or 108, or a motion for an extension of time to respond or otherwise appear does not constitute a voluntary appearance by the party under this rule. The joinder of other defenses in a motion under Rule 502. A.2, 4 or 5 does not constitute a voluntary appearance by the party under this rule. After a party files a motion under Rule 502. A.2, 4 or 5, action taken by that party in responding to discovery or to a motion filed by another party does not constitute a voluntary appearance. If, after a motion under Rule 502. A.2, 4 or 5 is denied, the party pleads further and defends the action, such further appearance and defense of the action will not constitute a voluntary appearance under this rule. The filing of a document entitled “special appearance,” which does not seek any relief but merely provides notice that the party is entering a special appearance to contest personal jurisdiction, does not constitute a voluntary appearance by the party under this rule if the party files a motion under Rule 502. A.2, 4 or 5 within fourteen (14) days after filing such document, or within such later time as the court permits.

Id. Fam. Law. P. 206

Adopted April 2, 2014, effective for early adoptersJuly 1, 2014, effective statewideJuly 1, 2015.