Rule 304 – Default Judgment by the Court or Clerk

by | May 11, 2021 | Family Law, Idaho

When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the court or the clerk thereof, upon request of the plaintiff, and upon the filing of an affidavit of the amount due showing the method of...

Rule 303 – Actions at Issue – Not Default

by | May 11, 2021 | Family Law, Idaho

This rule shall not prevent a trial hearing on any action which is at issue in which the parties are represented in person or by their attorneys of record, which hearing shall not be deemed a default hearing whether or not a defending party actively participates or...

Rule 302 – Default proof – Time limitation

by | May 11, 2021 | Family Law, Idaho

Default proof shall not be presented to the court nor a default entered against a party prior to the expiration of the period of time allowed by these rules for an appearance or defense unless, (1) the party required to make the appearance or defense executes a waiver...

Rule 301 – Default – Entry

by | May 11, 2021 | Family Law, Idaho

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the court, shall order entry of default against the party. Default shall...