Idaho Fam. Law. P. XI app A

As amended through November 5, 2024
Appendix A - Summons

Rule 204(c)(3)(A). Summons.

ATTORNEY'S NAME OR SELF REPRESENTED PARTY NAME

FIRM NAME

STREET OR MAILING ADDRESS

CITY, STATE & ZIP CODE

TELEPHONE NUMBER

EMAIL ADDRESS (if any)

IDAHO STATE BAR NUMBER

Attorney for Petitioner

IN THE DISTRICT COURT OF THE ______ JUDICIAL DISTRICT OF THE

STATE OF IDAHO, IN AND FOR THE COUNTY OF ________

)

____________________,

)

Petitioner,

)

Case No. _______

)

)

vs.

)

SUMMONS

)

____________________,

)

Respondent.

)

____________________,

)

NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PETITIONER(S): THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN 21 DAYS. READ THE INFORMATION BELOW.

TO: _________________________________

You are hereby notified that in order to defend this lawsuit, an appropriate written response must be filed with the above designated court at [mailing address, physical address (if different) and telephone number of the district court clerk] within 21 days after service of this Summons on you. If you fail to so respond the court may enter judgment against you as demanded by the Petitioner(s) in the Petition.

A copy of the Petition is served with this Summons. If you wish to seek the advice of or representation by an attorney in this matter, you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected.

An appropriate written response requires compliance with Rule 205 of the Idaho Rules of Family Law Procedure and will also include:

1. The title and number of this case.

2. If your response is an Answer to the Petition, it must contain admissions or denials of the separate allegations of the Petition and other defenses you may claim.

3. Your signature, mailing address and telephone number, or the signature, mailing address and telephone number of your attorney.

4. Proof of mailing or delivery of a copy of your response to Petitioner's attorney, as designated above. To determine whether you must pay a filing fee with your response, contact the Clerk of the above-named court.

DATED:_______________________

CLERK OF THE DISTRICT COURT

By _________________________

Deputy Clerk

Rule 204(c)(3)(B). Summons - Publication

SUMMONS

To: [Respondent's Name]

You have been sued by [Petitioner's Name], the Petitioner, in the District Court in and for [Name of County] County, Idaho, Case No. [Case No.].

The nature of the claim against you is [nature of claim].

Any time after 21 days following the last publication of this summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at [mailing address, physical address (if different) and telephone number of the clerk] and served a copy of your response on the Petitioner's attorney at [name, address, and phone number of Petitioner's attorney].

A copy of the Summons and Petition can be obtained by contacting either the Clerk of the Court or the attorney for Petitioner. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter.

Dated:

[Name of County] County District Court

By ________, Deputy Clerk

Rule 816(b)(3). Summons for Petition to Enforce Parenting Time.

ATTORNEY'S NAME OR SELF-REPRESENTED PARTY

FIRM NAME

STREET ADDRESS

MAILING ADDRESS

CITY, STATE & ZIP CODE

TELEPHONE NUMBER

EMAIL ADDRESS (IF ANY)

IDAHO STATE BAR NUMBER

Attorney for______________

IN THE DISTRICT COURT OF THE______________JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF_____________

)

CASE NO._______________

__________,

)

Petitioner,

)

vs.

)

SUMMONS FOR PETITION TO ENFORCE

)

PARENTING TIME

__________,

)

Respondent.

)

__________

)

NOTICE; YOU HAVE BEEN SUED BY THE ABOVE NAMED_________________(Moving Party).

THE COURT MAY ENTER AN ORDER TO ENFORCE PARENTING TIME AGAINST YOU (Responding Party) WITHOUT FURTHER NOTICE UNLESS YOU RESPOND AT LEAST 7 DAYS BEFORE THE DATE SET FOR THE HEARING SET IN THIS MATTER.

A hearing will be held on__________, 20_____, at_________o'clock _ .m. at_____________________ (location) on the Petition to Enforce Parenting Time which is served with this Summons.

You are hereby notified that pursuant to I.R.F.L.P. 816, the Court will decide the matter exclusively on the Petition to Enforce Parenting Time and affidavits at the hearing. A written responsive affidavit must be filed with the above-designated court and served upon the moving party at least 7 days before the hearing. If you fail to respond the court may enter an Order to Enforce Parenting Time against you as demanded by the moving party in the Petition to Enforce Parenting Time.

If the Court grants the Petition to Enforce Parenting Time, it may also order you to pay costs of this proceeding. If you wish to seek the advice of or representation by an attorney in this matter, you should do so promptly so that your written response may be filed in time and allow adequate time for preparation for the hearing.

This Summons and the Petition to Enforce Parenting Time must be served upon the responding party not less than 14 days [computed pursuant to I.R.F.L.P. 104] prior to the date of the hearing.

CLERK OF THE DISTRICT COURT

[Mailing address, physical address (if different) and telephone number of the clerk]

DATED:______________ By_________________________________

Deputy Clerk

Id. Fam. Law. P. XI app A

Adopted 29 March, 2021, effective 7/1/2021; amended September 9, 2021, effective 9/9/2021; amended 12 June, 2023, effective 7/1/2023.