by admin | May 11, 2021 | Family Law, Idaho
The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 805.Id....
by admin | May 11, 2021 | Family Law, Idaho
For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 809.Id. Fam. Law. P. 306Adopted April 2, 2014, effective for early adoptersJuly 1, 2014, effective...
by admin | May 11, 2021 | Family Law, Idaho
In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, or other such representative...
by admin | 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...
by admin | 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...
by admin | 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...
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