Idaho Process Server Summons and Complaint Service in All 44 Counties, Under I.R.C.P. 4

Under I.R.C.P. 4(c)(2), an officer authorized by law to serve process, or any person over the age of 18 who is not a party to the action, may serve a summons and complaint. For subpoenas, Rule 45(b)(1) allows any person at least 18 years old who is not a party.

Rule 4(b)(2) allows 182 days after the complaint is filed. If a defendant is not served by then, the court, on motion or on its own after 14 days’ notice to the plaintiff, must dismiss the action without prejudice against that defendant, unless the plaintiff shows good cause, in which case the court must extend the time for an appropriate period. Rule 2.2(a)(1) excludes the filing day and carries a last day that falls on a Saturday, Sunday or legal holiday to the next day that is none of those. If a limitation period is close, ask counsel.

Yes. Rule 4(d)(1)(B) allows leaving a copy of the summons and of the complaint at the individual’s dwelling or usual place of abode with someone at least 18 years old who resides there. The rule does not cover a person under age 14 or an incompetent person. Under Rule 4(d)(2)(A), a child under 14 is served through the guardian, if one has been appointed; otherwise a parent; and if no guardian or parent can be found in Idaho, any person having the care and custody of the child. Under Rule 4(d)(2)(B), a person judicially declared to be of unsound mind or incapable of conducting his or her own affairs is served through the guardian appointed in Idaho; with no such guardian, through a competent adult member of the family the person lives with, or the chief executive officer of the institution where the person lives, and if none of them can be served, as the court orders; and if any party to be served under that subdivision is a plaintiff, service is on whoever the court designates. Unless the court orders otherwise, the child or incompetent person must also be served.

Rule 4(d)(3)(A) serves a corporation, partnership or unincorporated association through an officer, a managing or general agent, or an agent authorized by appointment or by law, and Idaho Code § 30-21-412(a) lets a represented entity be served through its registered agent. A represented entity includes a domestic filing entity (one formed by filing a public organic record) and a registered foreign entity (§§ 30-21-401(3), 30-21-102(14)), and an Idaho LLC is formed by delivering a certificate of organization to the Secretary of State for filing (§ 30-25-201(a)). If the entity has no registered agent or the agent cannot with reasonable diligence be served, § 30-21-412(b) allows registered or certified mail, return receipt requested, or a similar commercial delivery service, addressed to the principal office shown on the entity’s most recent annual report; service is effected on the earliest of receipt, the date on a signed return receipt, or five days after deposit if correctly addressed and paid. If neither route works, § 30-21-412(c) allows handing a copy to the individual in charge of any regular place of business or activity of the entity, if that person is not a plaintiff. Section 30-21-412(e) keeps service by other means under other law.

Rule 4(g)(1) requires proof in writing that identifies all documents served and states the manner, date and place of service. A sheriff or deputy sheriff, a peace officer or a court marshall serving anywhere within Idaho proves service by certificate; anyone else, a private server included, proves it by affidavit stating that the person is over the age of 18 years and how service was made. Under Rule 2.7, an affidavit includes a written certification or declaration made under Idaho Code § 9-1406 (under penalty of perjury). Unless the party served files an appearance, proof of service must be filed with the court. The Idaho courts publish an Affidavit of Service form, CAO Cv 2-4X.

Yes, where a statute authorizes it. Idaho Code § 5-514 subjects a person or business to Idaho jurisdiction for claims arising from acts it lists, such as transacting business in Idaho, committing a tortious act in Idaho or owning, using or possessing real property in Idaho. Under § 5-515, such a defendant may be personally served outside the state with the same force and effect as service within it, and Rule 4(e)(1)(A) requires that service to follow Rule 4(d). Personal service outside the state is complete on the date of delivery (Rule 4(e)(2)). Where a statute provides for service on a party not an inhabitant of or found within Idaho, or on unknown persons, Rule 4(e)(1)(B) requires service as that statute provides. Within Idaho, all process other than a Rule 45 subpoena may be served anywhere in the state (Rule 4(f)).

It takes a court order. Idaho Code § 5-508 allows the order when the person to be served resides outside the state, has departed from it, cannot after due diligence be found within it, conceals themselves to avoid service, is a foreign corporation with no managing or business agent, cashier or secretary in Idaho, or is sued as an unknown owner, heir or devisee, and the ground appears by affidavit to the satisfaction of the court, and the affidavit or a verified complaint on file shows a cause of action against the defendant and that the defendant is a necessary or proper party to the action. Under § 5-509 the newspaper runs it at least once a week for four consecutive weeks, and where a nonresident or absent defendant’s residence is known, the order directs a copy of the summons and complaint mailed within ten days to the last known post office address. Rule 4(e)(1)(C) requires the published summons to state the nature of the claim in general terms.

Idaho Code § 73-108 makes every Sunday a holiday, with New Year’s Day, Martin Luther King, Jr.-Idaho Human Rights Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas and days the President or the Governor appoints. Under § 1-1607, no court can be opened and no judicial business transacted on those days or on general election day, except for listed purposes; in civil causes, orders of arrest may be made and executed, and writs of attachment, executions, injunctions and writs of prohibition may be issued and served, on any day. The Idaho courts’ own rule, I.C.A.R. 44, adds June 19 (Juneteenth) to the nonjudicial days and keeps the clerk’s office open on general election day.

I.R.C.P. 45(j) is Idaho’s version of the Uniform Interstate Depositions and Discovery Act. It applies to a civil lawsuit brought in another state, not to litigation originating in foreign countries. A party submits the foreign subpoena to a clerk of court in the county where discovery is sought, and the clerk promptly issues an Idaho subpoena, without creating a file or collecting a fee. The subpoena must advise of the right to petition to quash or modify it and contain or be accompanied by the names, addresses and telephone numbers of all counsel of record and of any party not represented by counsel. The server delivers the certificate of service or affidavit to the attorney who requested the subpoena, not to the issuing court.

Under Rule 45(b)(1), any person at least 18 years old and not a party may serve a subpoena by delivering a copy to the named person and, if the subpoena requires attendance, tendering the fees for 1 day’s attendance and the mileage allowed by law if requested. No tender is needed when the subpoena is issued by the Attorney General or any prosecuting attorney or on behalf of the State or its officers or agencies. Under Rule 45(b)(3), an officer returns it with a certificate of service; anyone else returns it with an affidavit stating the date and manner of service and the names of the persons served. A subpoena commanding a non-party to produce documents, electronically stored information or tangible things, or to permit inspection of premises, may be served at any time after all parties have appeared or been defaulted, unless otherwise ordered, and under Rule 45(c)(2)(A) the serving party must first serve a copy on the opposing party at least 7 days before serving the third party, unless the court specifies otherwise.