Idaho Rules for Electronic Filing and Service
The Idaho Rules for Electronic Filing and Service establish the requirements for submitting and serving court documents electronically in Idaho courts.
- Rule #Title
Idaho Rules for Electronic Filing and Service
Rule 1: Applicability of These Rules
These rules, which will be known as the “Idaho Rules for Electronic Filing and Service”, govern the electronic filing and service of documents in the Idaho courts. These rules supersede other Idaho procedural rules in such matters as filing, format and service, and in case of any conflict these rules prevail. Idaho Court Administrative Rule 32 prevails on the issue of access to court records,
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 2: Definitions
The following definitions apply to this chapter:
(a) "Conventional filing" means a process whereby a filer files a paper document with the court.
(b) "Document" means a pleading, a paper, a motion, a declaration, an application, a request, a brief, a memorandum, an exhibit, or other instrument submitted by a filer, including any exhibit or attachment referred to in the instrument. Depending on the context, as used in this chapter, “document” may refer to an instrument in either paper or electronic form.
(c) "Electronic filing" means the process whereby a filer electronically transmits documents to a court in an electronic form to initiate an action or to be included in the court file of an action.
(d) "Electronic filing system" means the systems provided by the Idaho Supreme Court for the electronic filing (File and Serve and Guide and File) and the electronic service of a document via the Internet, excluding the electronic filing of criminal citations by a method approved of by the Administrative Office of the Supreme Court.
(e) "Electronic service" means the electronic transmission of a notice of filing by the electronic filing system to the electronic mail (email) address of a party who has consented to electronic service per Rule 17(a)(1). The notice will contain a hyperlink to access a document that was filed electronically for the purpose of accomplishing service. When the serving entity is the court, electronic service may be completed through the electronic filing system or through conventional email.
(f) "Filer" means a person registered with the electronic filing system who submits a document for filing with the court and/or submits a document for service through the electronic filing system. The filer may be an attorney representing a party in the case, a party, or anyone authorized to submit documents for filing on their behalf. The filer may also be a third party tasked with submitting reports, evaluations, or other communications for filing as directed by the court or required by law.
(g) "Service contact" means any party and their email address designated for electronic service between the parties through the electronic filing system.
(h) "Other service contact" means any person associated with the filer for purposes of an action whom the filer wishes to receive email notification from the electronic filing system of documents electronically served in the action. An “other service contact” includes another attorney, administrator, or staff from the filer’s place of business, or another person who is associated with the filer regarding the action or otherwise has a legitimate connection to the action.
(i) "Accept" refers to the determination that a document electronically filed has met the standards set forth in the rules below. The court has the discretion to later reject such a filing if it deems it appropriate to do so.
(j) "Confidential" in reference to a document or information means the document or information will not be accessible to the public because it is exempt from public disclosure pursuant to Idaho Court Administrative Rule 32 or it has been sealed by court order pursuant to Idaho Court Administrative Rule 32 or it contains information barred from disclosure to the public under federal or state law. The information or document that is confidential may be accessible to certain court personnel and where applicable, to certain governmental entities as authorized by law, court rule, or court order.
(k) "Conventionally signed document" means a paper document with a handwritten signature.
(l) "Envelope" is a filing and/or service of documents submitted to the court through the electronic filing system. An envelope can contain one or more documents submitted to the court or others for the same case.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 3: Official Court Record
(a) The official court record for a case filed or maintained in accordance with these rules is the electronic case file maintained by the court, as well as any paper filings and other conventional filings maintained by the court in accordance with these rules.
(b) If a court digitizes, records, scans or otherwise reproduces a document that is filed in paper into an electronic record, document or image for entry in the court’s case file, the court’s electronic record, document or image is the official court record of the filed document.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 4: Use of Electronic Filing System
(a) Filers required to electronically file and serve. Filers identified below, must electronically file documents, except for those documents that must or may be filed conventionally pursuant to Rule 5.
(1) Attorneys
(2) Government agencies or departments (including but not limited to those on contract)
(3) Court approved mediators, coordinators, freelance court reporters, or evaluators (including, but not limited to, those identified in a judicial roster on the Idaho Supreme Court website)
(4) Filers who are compensated for the preparation and submission of reports / evaluations
(5) Business entities filing in small claims actions
(b) Self-represented parties using file and serve. Self-represented parties who are individuals and not attorneys may elect to electronically file documents through File and Serve but are not required to do so. Those who elect not to utilize electronic filing, and who require paper / mail service from the court must identify the physical address for service in the certificate of service and pay designated mail service fees to the court clerk at the time of filing. With the exception of an initial electronic filing of a petition for a civil protection order made by a victim advocate on behalf of a self-represented party through File and Serve, a self-represented party who elects to electronically file and serve documents through the electronic filing system must continue to do so for the life of the case unless a court has granted a motion to withdraw from electronic filing and service. Once a self-represented party withdraws from electronic filing and service he or she may not return to this practice for the life of the case.
(c) Self-represented using guide and file. Self-represented parties (who are individuals) who utilize Guide and File to file Court Assistance Office forms are not required to submit subsequent filings through the electronic filing system. Similarly, an initial case filing of a petition for a civil protection order made by a victim advocate on behalf of a self-represented party through Guide and File does not require the party to submit subsequent filings through the electronic filing system. Businesses filing in small claims actions may utilize Guide and File to file Court Assistance Office forms if available. Other documents must be filed through File and Serve.
(Adopted April 15, 2019, effective July 1, 2019; amended September 11, 2024, effective September 11, 2024.)
Idaho Rules for Electronic Filing and Service
Rule 5: Exceptions to Electronic Filing of Documents
The documents identified in this rule are exceptions to the requirement for electronic filing.
(a) Probate / Wills. Probate matters must be filed electronically; however, any original will, along with any pleading to which it is attached, must be filed both electronically and conventionally. The conventional filing must be made no more than seven business days, excluding legal holidays, from the date of electronic filing.
(b) Warrants. A document delivered to the court to secure an arrest warrant pursuant to Idaho Criminal Rule 4 or an initial juvenile detention order pursuant to Idaho Juvenile Rule 7 must be filed conventionally. A document delivered to the court to secure a search warrant pursuant to Idaho Criminal Rules 41 may be filed conventionally.
(c) Limits on Exhibits. A demonstrative or oversized exhibit must be filed conventionally. Trial exhibits must not be filed unless or until they are offered by a party to be admitted into evidence.
(d) Grand Jury Material. Grand jury materials, which should also be accompanied by a disk or CD-ROM containing the documents in .pdf format, if possible, must be filed conventionally.
(e) Charging Documents. Charging documents in a criminal action including complaints and indictments must be filed conventionally unless filed through an electronic system approved by the Supreme Court.
(f) Federally Restricted Storage. A document or image that is barred from electronic storage must be filed conventionally, including but not limited to sexually explicit images of a minor.
(g) Document Submitted for In Camera Inspection. A document submitted for in camera inspection must be filed conventionally.
(h) Motion to Redact or Seal a Document. A motion to redact or seal a document by court order pursuant to Idaho Court Administrative Rule 32(i) and the document that is the subject of the motion may be filed conventionally. If filed electronically, the motion must comply with Rule 7.
(i) Foreign Subpoena. A foreign subpoena submitted to an Idaho court must be filed conventionally.
(j) Law Enforcement Documents. Law enforcement, including state police, sheriff’s offices, police departments, and probation and parole officers, may file the following documents conventionally:
- documents for which no case number exists at the time of filing;
- documents related to a court event scheduled for the same day as the filing;
- bonds and accompanying documents received at the jail, and
- documents pertaining to an arrest for one or more offenses where at least one of the offenses is a new filing with no existing case number.
(k) Hospitalization of Mentally Ill, Detention Without a Hearing. A document delivered pursuant to Idaho Court Administrative Rule 100 after office hours, during the weekend, or on a holiday, will be filed in accordance with the procedure set out in Idaho Court Administrative Rule 100.
(l) Persons with Neurocognitive Disorders, Protective Custody Without a Hearing. A document delivered pursuant to Idaho Court Administrative Rule 101 after office hours, during the weekend, or on a holiday, will be filed in accordance with the procedure set out in Idaho Court Administrative Rule 101.
(m) Order of Removal Upon Issuance of a Summons (C.P.A.). A document delivered pursuant to Idaho Juvenile Rule 34 after office hours, during the weekend, or on a holiday, will be filed in accordance with the procedure set out in Idaho Juvenile Rule 34.
(n) Order to Prevent Removal (C.P.A.). A document delivered pursuant to Idaho Juvenile Rule 34A after office hours, during the weekend, or on a holiday, will be filed in accordance with the procedure set out in Idaho Juvenile Rule 34A.
(o) Other Documents that cannot be Filed Electronically. Any document or thing that cannot be scanned or otherwise converted to a Portable Document Format (.pdf) must be filed conventionally. Upon a showing of good cause, the court may accept for conventional filing a document that would otherwise be required to be filed through the electronic filing system.
(Adopted April 15, 2019, effective July 1, 2019; amended April 30, 2024, effective April 30, 2024; amended September 30, 2024, effective October 1, 2024; amended December 18, 2024, effective January 1, 2025; amended effective January 24, 2025; amended June 30, 2025, effective July 1, 2025.)
Idaho Rules for Electronic Filing and Service
Rule 6: Format and Size of Documents Filed Electronically
(a) Electronic format and limited size.
(1) A document, other than those excluded in subsections (2) and (3) below, submitted electronically to the court must be in the form of a text-searchable Portable Document Format (PDF) or a text-searchable Portable Document Format/A (PDF/A) file, be directly converted to PDF rather than scanned (if possible), and not exceed 50 megabytes. A document that exceeds the size limit must be broken down and submitted as separate files that do not exceed 50 megabytes each. Separate files under this section must include in the "Comments to Court" field for each submission a description that clearly identifies the part of the document that the file represents, for example, "Motion for Summary Judgment, part 1 of 2."
(2) A document that is an attachment or exhibit (not motion, brief, memorandum, etc.) that is a scanned image of its original form, may be in standard PDF format and need not be text searchable as required in subsection (1) above.
(3) Current Court Assistance Office forms approved by the Idaho Supreme Court may be filed in Portable Document Format (.pdf) and need not be text searchable as required in subsection (1) above.
(b) Supplemental attachments.
(1) Subject to the exceptions in (2) below, a document that includes attachments must be submitted as a unified single PDF file to the extent practicable. An electronic filing submitted under this section that exceeds 50 megabytes must comply with subsection (a) of this rule.
(2) The documents listed below should be filed as a separate document. A filer submitting separate documents under this subsection must include in the Filing Description field a description that clearly identifies each document. For each separate document submitted, the detailed caption title, filing description in the electronic filing system, and .pdf file title must be substantially identical.
(A) A proposed order, judgment, or other document that requires court signature must be submitted as a separate document.
(B) An attachment that is exempt from public disclosure, was previously ordered sealed, or is the subject of a motion to seal must be submitted through the electronic filing system as a separate document and must otherwise comply with Rule 7.
(C) An application for fee waiver must be submitted as a separate document.
(c) Multiple documents submitted in same envelope. Documents that pertain to the same case filed and / or served through the electronic filing system at approximately the same time must be submitted in the same envelope. An envelope cannot exceed 100 megabytes. A filer may submit multiple envelopes at the same time if a singular submission would exceed 100 megabytes. Separate envelopes under this section must include in the ."Comments to Court." field for each submitted envelope a description that clearly identifies the fact that the documents are being submitted in multiple envelopes due to document size, for example, ."Documents submitted in multiple envelopes due to size, this is envelope 1 of 2."
(d) Additional technical format requirements. Documents filed with the court must comply with the additional technical and format requirements contained in the Court’s approved Electronic Filing Guide. Note, however, that documents that are exhibits will not be rejected for format requirements as described above in subsection (a)(2).
(Adopted April 15, 2019, effective July 1, 2019; amended December 18, 2024, effective January 1, 2025)
Idaho Rules for Electronic Filing and Service
Rule 7: Motions to Redact or Seal and Confidential Documents
(a) Motions to Redact or Seal by Court Order. Motions to redact or seal records under Idaho Court Administrative Rule 32(i) may be filed electronically only as follows:
(1) The filer must select the Filing Code “Motion to Redact or Seal Newly Filed Records” or “Motion to Redact or Seal Previously Filed Records,” as appropriate, when submitting the motion.
(2) If the motion requests the redaction or sealing of records that have not previously been filed in the action, the filer must submit those records for review. The records must be submitted as a separate document in the same envelope as the motion or, if necessary due to file size, in multiple envelopes in compliance with Rule 6. The filer must select the Filing Code “Subject Document-Motion to Redact or Seal Newly Filed Records” when submitting the document or documents that are the subject of the motion to redact or seal.
(3) Filers should be aware that while previously unfiled records that are the subject of a motion to redact or seal and are submitted with that motion will be temporarily sealed as provided in Idaho Court Administrative Rule 32(i)(2), the motion will be publicly accessible.
(b) Confidential Documents. Documents that are filed as attachments and are “confidential” as defined by Rule 2(j), including any document previously ordered sealed by the court, may be filed electronically only as follows:
(1) The document must be submitted as a separate document in the same envelope as the pleading or motion to which it pertains or, if necessary due to file size, in multiple envelopes in compliance with Rule 6.
(2) When submitting a confidential document, the filer must select the Filing Code “Confidential Document-IREFS 2(j).” When filed, the document will not be accessible to the public, but will be accessible to court staff and, where applicable, to certain governmental entities as authorized by law, court rule, or court order. The court will verify that documents submitted with this Filing Codes are confidential and, if they are not, the court may make the documents publicly accessible.
(Adopted April 15, 2019, effective July 1, 2019; amended December 18, 2024, effective January 1, 2025)
Idaho Rules for Electronic Filing and Service
Rule 8: Party Information
When submitting an electronic filing that creates a new action or adds a party to an existing action, the filer must:
- enter into the "Add Party" screen the names of all known parties or all parties being added;
- enter party names in proper case, for example, "John Doe" and not "JOHN DOE" and should include all known name information, including middle name and suffix;
- enter the address and phone number of all parties, if known;
- select the "Party is a Business" indicator if the party is not an individual; and
- identify the filing party’s attorney of record if represented by an attorney.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 9: Electronic Signatures
(a) Forms of electronic signature. A document may be electronically signed by:
(1) inserting a digital image of the signing person’s handwritten signature into the document;
(2) scanning the signing person's handwritten signature after the document has been signed;
(3) using a signature block that includes an “/s/” before the signing person's typed name. An example of a signature block with “/s/” is:
/s/ John Q. Smith
JOHN Q. SMITH
If a person other than a party or their attorney signs their name preceded by “/s/,” a duplicate of the document must be conventionally signed by the same person. The duplicate must be kept by the attorney or party that submitted the document through the end of the time to appeal or the determination of an appeal, if filed.(b) Judge's signature. Electronically filed documents signed by the court must be scanned or electronically produced so the judge’s original signature, or a digital image of the judge’s signature, is shown. But a temporary custody order, order of removal, order to prevent removal, and summons issued after office hours, during the weekend, or on a holiday under Idaho Court Administrative Rule 100(b)(3), Idaho Court Administrative Rule 101(b)(3), Idaho Juvenile Rule 34(c), or Idaho Juvenile Rule 34A(c), may be signed with an electronic or digital signature. This signature must have protective features, including embedded information, qualification, identity verification, or cryptographic security.
(c) Conventionally signed documents. To file a conventionally signed document the filer must:
(1) scan and OCR (Optical Character Recognition) the document; or
(2) create a Word document that substitutes the /s/ signature block in place of the handwritten signature(s) and convert that document to a PDF. If the signature replaced is that of opposing counsel or a third-party the filer must keep the conventionally signed document or a scanned copy through the end of the time for appeal and determination of an appeal, if filed.
(3) A notary public’s signature and stamp may be submitted under the process outlined in subsection (c)(2) above. The version submitted electronically by the filer may replace the notary seal stamp with either the electronic image of their seal or “[Notary Seal].” The filer must keep the conventionally signed document or a scanned copy through the expiration of the time for appeal and determination of an appeal, if filed.
(Adopted April 15, 2019, effective July 1, 2019; amended April 30, 2024, effective April 30, 2024; amended September 30, 2024, effective October 1, 2024; amended effective January 24, 2025; amended June 30, 2025, effective July 1, 2025)
Idaho Rules for Electronic Filing and Service
Rule 10: Payment and Fee Waiver
(a) Payment due on filing. A filer must pay the fees for filing a document electronically at the time of electronic filing. Acceptance of the document triggers payment to be captured. In the event the payment funds are not available, at the time of filing or the acceptance, the filing will be rejected.
(b) Fee waivers and deferrals. A filer may apply for a waiver of the filing fee by submitting an application for waiver with the document to be filed.
(1) If Fee Waiver Granted - Date of Filing. If the filer's fee waiver application is granted, the document is deemed to have been filed on the date of the original submission.
(2) If Fee Waiver Denied. If the filer’s fee waiver application is denied, the document will be rejected and deemed to have not been filed. Notice of fee waiver application denial will be forwarded to the filer per Rule 13. The applicable statute of limitations will therefore continue to run unless the filer resubmits the document with payment as described below.
(A) Resubmitting a document with full payment within 3 business days (excluding legal holidays) of the date of notice of denial of fee waiver application denial, will result in the filing date related back to the date of the original submission to meet filing requirements.
(B) A filer who resubmits a document under this subsection must copy the existing envelope and include in the "Comments to Court" field notification for an electronic resubmission the following words: "Resubmission of filing with payment after denial of fee waiver, request filing relate back to _________, the date of original submission."
(c) Notice of appeal to Supreme Court and request for filing fee waiver. All notices of appeal to the Supreme Court must be file stamped with the date of original submission. The appellant may apply for a waiver of the filing fee by submitting an application for a fee waiver. The application must be first submitted to the district court for entry of an order recommending waiver or no waiver. The notice of appeal, application for fee waiver and district court order recommending waiver or denial of waiver must be forwarded to the Supreme Court.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 11: Manner of Filing
(a) Electronic filing. A document will be considered filed when:
(1) the document has been electronically submitted to the court's electronic filing system; and
(2) the submission has been acknowledged and the document accepted for filing.
(b) Converting conventional filing to electronic format. The court may digitize, record, scan, or otherwise reproduce a document that is filed conventionally into an electronic record, document, or image.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 12: Time of Filing
(a) File date.
(1) For purposes of filing by electronic transmission, a "day" begins at 12:01 a.m. and ends at midnight in the time zone where the court is located on the day the document must be filed. If electronic transmission of a document is submitted and received before midnight it will be considered filed on that day, unless that date is a Saturday, Sunday, or legal holiday, in which case it is deemed filed on the next available business day. For any questions of timeliness, the time and date registered by the electronic filing system will be determinative. For documents electronically filed, the date and time that the filer submits the electronic filing will serve as the filing date and time for purposes of meeting the statute of limitations or any other filing deadlines, even if placed into an error queue for additional processing.
(2) If the document is accepted for filing, the date and time of filing entered in the register of actions relate back to the date and time the electronic filing system received the document. When the document is accepted for filing, the electronic filing system will affix the date and time of submission on the document as the date and time of filing of the document. When the document is accepted for filing, the electronic filing system will electronically notify the filer.
(b) Proposed orders. A proposed order is not file-stamped unless it is signed by the judge after review.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 13: Request for Correction; Rejected Filing: Relief
(a) Rejected Documents. Documents that do not comply with this rule, or the requirements of the aforementioned Electronic Filing Guide or court policy, may be returned to the filer for correction. If the document is not corrected as requested within the time frame provided for in subsections (b) and (c) of this rule, the document will be deemed to have not been filed.
(b) Request for correction. If a document submitted electronically for filing is not accepted, the electronic filing system will send notification to the filer that explains why the document was rejected or will describe an error or irregularity and request correction and resubmission by the filer.
(c) Resubmission of rejected filing; relief. A filer who resubmits a document within 3 business days (excluding legal holidays) of the date of the request for correction under this section may request, as part of the resubmission, that the date of filing of the resubmitted document relate back to the date of submission of the original document to meet filing requirements. If the third day following request for correction is not a judicial day, then the filer may resubmit the filing with a request under this subsection on the next judicial day. A filer who resubmits a document under this subsection must copy the existing envelope and include in the "Comments to Court" field notification for an electronic resubmission the following words: "Resubmission of corrected filing, request filing relate back to ____________, the date of original submission."
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 14: Technical Error; Relief
(a) Technical error. Any party may obtain relief if the electronic filing system is temporarily unavailable or if an error in the transmission of the document or other technical problem prevents the electronic filing system from receiving a document. Upon satisfactory proof of such an occurrence, the court must permit the filing date of the document to relate back to the date the filer first attempted to file the document to meet filing requirements. If appropriate, the court may adjust the schedule for responding to these documents or the court's hearing, or provide other relief.
(b) Resubmission of document; relief. A filer who resubmits a document under this Rule:
(1) Must include in the "Comments to Court" field notification for an electronic resubmission the following words: "Resubmission of filing, submission unsuccessful, request filing date relate back to _______, date of original submission."
(2) Must also provide the date of the original attempted submission, the date the filer was notified the submission was not successful, and explain the reason for requesting that the date of filing relate back to the original submission. The request for original filing date must be resubmitted within 7 business days (excluding legal holidays) of the date the filer was notified the submission was not successful. If the seventh day following notice of error is not a judicial day, then the filer may resubmit the filing with a request under this subsection on the next judicial day.
(3) May also include supporting exhibits that substantiate the system malfunction together with the resubmission.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 15: Privacy Protections for Filings Made with the Court
(a) Responsibility of filer. It is the responsibility of the filer to ensure that protected personal data identifiers are omitted or redacted from documents before the documents are filed. This responsibility exists whether the documents are filed electronically or conventionally, and even if the filer did not create the document. The responsibility to redact also applies to documents that are initially exempt from disclosure but later become public pursuant to court rule. The clerk of the court will not review filings to determine whether appropriate omissions or redactions have been made. Counsel is strongly urged to share this information with all clients so that an informed decision about the inclusion of certain materials may be made.
(b) Personal data identifiers to be redacted. Personal data identifiers should not be included in any document filed with the court unless such inclusion is required by the court, by statute or court rule, or is material to the proceedings. If the identifiers must be included, then the following personal data identifiers must be partially redacted from the document, including exhibits:
(1) Social Security Numbers. If an individual's social security number must be included, only the last four (4) digits of that number are used.
(2) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child are used.
(3) Dates of Birth. If an individual's date of birth must be included, only the year is to be used and the date specified in the following format: XX/XX/1998.
(4) Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers are to be used and the number specified in substantially the following format: XXXXX1234.
(5) Driver's License Numbers and State-Issued Personal Identification Card Numbers. If an individual's driver's license number or state issued personal identification card number must be referenced, only the last four digits of that number are to be used and the number specified in substantially the following format: XXXXX350F.
(6) Employer or Taxpayer Identification Number. If an employer identification number or business' taxpayer identification number must be included, only the last four (4) digits of that number are used.
(c) Exceptions to redaction requirement.
(1) The redaction requirement does not apply to the record of a court, tribunal, administrative or agency proceeding if that record was filed before the effective date of this rule.
(2) The redaction requirement does not apply to documents that are exempt from public disclosure pursuant to Idaho Court Administrative Rule 32.
(3) The redaction requirement of an individual's date of birth does not apply to the defendant's date of birth on documents in criminal cases.
(4) The redaction requirement of a minor’s full name does not apply to documents related to a name change for the minor.
(d) Options when personal data identifiers are necessary. A party filing a redacted document need not also file an unredacted version of the document; however, where inclusion of the unredacted personal data identifiers is required by the court, by statute or court rule, or is material to the proceedings in a document that is open to the public the party must choose the most appropriate option below:
(1) File the redacted document together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be clearly identified as a reference list filed pursuant to this rule and may be amended as of right. Any reference in the action to a listed identifier will be construed to refer to the corresponding item of information. The reference list is exempt from public disclosure pursuant to Idaho Court Administrative Rule 32; however, courts will share the reference list with other government agencies as required or allowed by law without court order or application for purposes of the business of those agencies.
(2) File the redacted document together with an unredacted copy of the document. The unredacted copy must be clearly identified as an unredacted copy filed pursuant to this rule. The unredacted copy is exempt from public disclosure pursuant to Idaho Court Administrative Rule 32; however, courts will share the unredacted copy with other government agencies as required or allowed by law without court order or application for purposes of the business of those agencies.
Regardless of which option is selected, the filer must file the exempt from public disclosure document in compliance with Rule 6(b)(2)(B).
(e) Unredacted document inadvertently submitted. If an unredacted document is inadvertently submitted without a reference list or redacted copy, then the filer must submit a redacted copy as soon as possible. In the “Comments to Court” the filer must identify the original unredacted document, the date it was submitted, and request that the original unredacted document be marked as exempt from disclosure.
(f) Parties to use caution. Parties should exercise caution when filing papers that contain private or confidential information, including, but not limited to, the information covered above and listed below:
(1) Medical records, treatment and diagnosis;
(2) Employment history;
(3) Individual financial information;
(4) Insurance information;
(5) Proprietary or trade secret information;
(6) Information regarding an individual’s cooperation with the government; and
(7) Personal information regarding the victim of any criminal activity.
(g) Sanctions. Failure to comply with this rule is grounds for contempt. If a party knowingly publicly files documents that contain or disclose confidential information in violation of these rules, the court may, upon its own motion or that of any other party or affected person, impose sanctions against the filing party.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 16: Privacy Protection in Orders, Judgments, and Decrees
(a) Protection of unredacted court orders, judgments and decrees. If possible, the court must refrain from including in a court order, judgment, or decree, the personal data identifiers set forth in Rule 15(b). If unredacted personal data identifiers are required by statute or court rule, or are material to the proceedings and must be included in an order, judgment, or decree that is open to the public then the unredacted document will be protected from public access. Copies of the unredacted document must be served on the parties and must be available to the parties and other government agencies without court order for purposes of the business of those agencies. A redacted copy of the order, judgment or decree must be available to the public; however, no redacted copy must be prepared until there is a specific request for the document, in which case the document should be redacted in the manner specified in Rule 15(b).
(b) Exception. The court may include unredacted personal data identifiers in documents that are exempt from public disclosure pursuant to Idaho Court Administrative Rule 32.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 17: Service
(a) Consent to electronic service, withdrawal of consent.
(1) A party who electronically appears in the action by filing a document through the File and Serve electronic filing system, that the court has accepted, is deemed to have given consent to accept electronic service of any document filed by any other registered filer in this action or the court, except for any document that requires personal service, pursuant to Idaho court rules. Service by electronic means upon this filer through their designated service contact is thereafter mandatory unless exempted by rule or court order.
(2) A filer who is dismissed as a party from the action or withdraws as an attorney of record in the action, may withdraw consent to electronic service in that specific action.
(b) Service when using Guide and File. Businesses filing in small claims actions or self-represented parties (who are individuals) who utilize Guide and File to file Court Assistance Office forms are not required to exchange service between the parties through the electronic filing system. The electronic service requirements of this subparagraph are applicable, however, if they utilize File and Serve to electronically file or serve documents. Courts may utilize email for service upon Guide and File users.
(c) Service by conventional means. Service may be accomplished by conventional means:
(1) in cases where an attorney or party has failed to designate a service contact;
(2) where the party being served is a self-represented litigant who has opted not to utilze the electronic filing system;
(3) where service is upon a party who has not appeared in the lawsuit; or
(4) where service is upon a third party who has not designated an "Other Service Contact."
(d) Contact Information.
(1) At the time of preparing the party’s first electronic filing in the action through File and Serve, a party must enter the name and service email address designated as a service contact on behalf of the party in the action. This service contact must be utilized for service between the parties through the electronic filing system. If an attorney represents more than one party, it is permissiable to designate a service contact(s) for a single party to be utilized for service upon all parties represented by that attorney. Service through the system is accomplished through the party's designated service contact. Valid legal service is not accomplished by utilizing the system's "Courtesy Copy" feature.
(2) A party described in subsection (a)(1) of this rule may enter in the electronic filing system, as an “other service contact” in the action:
(A) an alternative email address for the party; and
(B) the name and email address of any additional person whom the party wishes to receive electronic notification of documents electronically served in the action, as defined in Rule 2(h). If an attorney enters a client's name and contact information as an "other service contact" under this subsection, then the attorney is deemed to have consented for purposes of Rule of Professional Conduct 4.2 to delivery to the client of documents electronically served by other filers in the action.
(3) A party is responsible for updating any contact information for any person whom the party has entered in the electronic filing system as either a service contact for a party or as an “other service contact” in an action.
(4) A party in the action may seek court approval to remove a person entered by another party in the action as an "other service contact" in an action if the person does not qualify as an "other service contact" under Rule 2(h).
(e) Selecting service contacts and other service contacts. When preparing an electronic filing submission through File and Serve with electronic service, a filer is responsible for selecting:
(1) The appropriate service contacts in the action, for the purpose of accomplishing electronic service as required by law of any document being electronically filed; and
(2) The appropriate other service contacts in the action, if any, for the purpose of delivering an electronic copy of any document being electronically filed.
(3) Filers must not create or designate service contacts for other parties unless selected from the Public Service Contact list derived from submissions to the Idaho State Bar or loaded by the Idaho Supreme Court.
(f) Court notification and transmission constituting service. When the filer submits, and again when the document is accepted for filing under Rule 11, the electronic filing system sends an email to the email address of the filer who submitted the document through the electronic filing system. The email contains a hyperlink to access the document or documents that have been filed electronically. Transmission of the email by the electronic filing system to the selected service contacts in the action constitutes service.
(g) Completion and time of service. Electronic service is complete when the electronic filing system sends the email to the selected service contacts in the action.
(h) Additional time after late service. If electronic service is accomplished by a party after 5:00 p.m. local time on the day of service, one (1) additional day will be added to the prescribed period.
(i) Service of discovery documents. Formal responses to discovery must be served through the electronic filing system. Production of documents responsive to formal discovery may be served conventionally or through the electronic filing system.
(j) Service by other than electronic means. The filing party is responsible for accomplishing service in any manner permitted by the applicable Idaho court rules and for filing a proof of service with the court for the following documents:
(1) A document required to be filed conventionally under this chapter;
(2) A document that cannot be served electronically on a party who is listed in the action; and
(3) A civil protective order or criminal no contact order.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 18: Service of Documents by the Court
(a) Idaho State Bar Members. All active members of the Idaho State Bar must designate and submit a single email address to the Idaho State Bar for the purpose of service of documents from the courts to that attorney. The email address designated may be either a general office address or an individual’s address. That same designated email address must appear in the caption of all pleadings and in the certificate of service used on all proposed pleadings for the court’s review, signature, and service. The courts must use this designated email address for service of all notices or orders generated and served by the court. It is the attorney’s responsibility to ensure that the correct email address is provided as required by Idaho Bar Commission Rule 303.
(b) All Others Users. Registered users, who are not members of the Idaho State Bar, must furnish in the caption of all pleadings a single email address which will be used for the purpose of service of documents from the courts to the user. That same email address must appear in all pleadings for that case and must be in the certificate of service used on all proposed pleadings for the court’s review, signature, and service. The courts must use this designated email address for service of all notices or orders generated and served by the court. It is the registered user’s responsibility to ensure that the correct email address is provided and it may only be changed upon notice to the court and parties.
(c) Submission of Proposed Documents Filers who submit (whether conventionally or electronically) proposed documents for the court’s review, signature, and service, (such as an order, notice of hearing, judgment, decree, etc.) must:
(1) include a certificate of service that identifies the email addresses necessary for the court to complete electronic service of those parties who have electronically appeared in the action; and / or
(2) for those parties who have not electronically appeared and require paper / mail service, the filer must identify the physical address for service in the certificate of service and pay designated service fees. If submitted through the electronic filing system those fees are found in "Optional Services." If submitted conventionally, those fees must be paid to the court clerk at the time of filing.
(3) summons, subpoenas, writs, and abstract judgments do not require a certificate of service as they will be executed by the clerk who reviews electronic filings and submitted back to the filer through the File and Serve and Guide and File systems.
(4) must have a signature date line in the following format:
Date: ________________________Do not use a format such as "On the ___ day of ____ 20__" as this format does not allow for the courts electronic date annotation.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 19: Protected Information
(a) Protected information. The use of information contained in a document filed electronically or information accessed through the electronic filing system must be consistent with state and federal law.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 20: Appeals to the Supreme Court
(a) Notice of appeal and cross-appeal. The notice of appeal and cross-appeal must be filed in compliance with Idaho Appellate Rules 17 and 18, except that transcripts must be requested in electronic format or both electronic format and hard copy.
(b) Clerk or Agency record on appeal.
(1) Clerk's record. The clerk of the district court must prepare the designated record in electronic format as follows:
(A) Arrangement and Numbering. Except for pre-scanned bulk files, all pleadings, documents, and papers required to be in the clerk's record must be in chronological order as indicated by the date of filing. Each page of the clerk's record must be numbered consecutively at the bottom of the page. The numbering must include every page included in the record even if it was not a filed document, such as the title page, the index, the case summary and any register of actions.
(B) Bookmarks. The record must contain electronic bookmarks that link to each document in the electronic record.
(C) Time for preparation. The clerk of the district court must prepare the record and have it ready for service on the parties with 28 days of the filing of the notice of appeal.
(D) Clerk's Fee. The clerk of the district court must charge and collect a fee for preparation of the record in the sum of $0.65 a page. Any party may request an additional copy of the record on CD upon payment of $20.00 to the clerk of the district court. Payment of the estimated fee and waiver of the clerk's fee is in accord with Idaho Appellate Rule 27.
(2) Agency Record. Agency records, including transcripts and exhibits, must be submitted in electronic format. The record must contain bookmarks that link to each document in the electronic record.
(c) Transcripts.
(1) Designation and Preparation. All transcripts must be designated in the notice of appeal or cross-appeal in accord with Idaho Appellate Rules 17 and 18. Transcripts must be provided in electronic format, but each party may request one hard copy from the reporter at no additional cost. The transcripts must be prepared in accord with Idaho Appellate Rules 24, 25, and 26.
(2) Filing. Upon completion of the transcript, the reporter must lodge an electronic version of the transcript with the clerk of the district court or administrative agency.
(3) Service of Transcript and Clerk or Agency's Record on Appeal on the Parties. Upon completion of the reporter's transcript, the reporter must lodge the electronic transcript with the clerk of the district court or administrative agency, and file a notice of lodging with the district court clerk. Upon receipt of the transcript and upon completion of the clerk or agency's record, the clerk of the district court or clerk of the administrative agency must serve one copy of the transcript and record on the appellant and one copy on the respondent. The clerk of the district court must accomplish this service electronically; however, if the record and transcripts are too large for a party to accept electronically then the record and transcripts may be placed on a CD and served.
(d) Settlement of record on appeal. Once the record on appeal has been served on the parties, the parties have 28 days to object. Any objection must be accompanied by a notice setting the objection for hearing and must be heard and determined by the district court or administrative agency from which the appeal is taken. After a determination is made, the record on appeal is deemed settled as ordered by the district court or administrative agency. The record on appeal may also be settled by stipulation of all affected parties.
(e) Filing transcript and record with Supreme Court. Upon settlement of the reporter’s transcript and clerk’s or agency's record, the clerk of the district court or administrative agency must, within seven days, file the electronic copy of the transcript and clerk's or agency's record with the Clerk of the Supreme Court. The Clerk of the Supreme Court must notify all attorneys of record, or self- represented parties, of the date of filing and also state when the briefs of the parties are required to be filed.
(f) Briefing. Briefing in all case types must be submitted electronically to the Supreme Court and served on the parties in compliance with this rule. Otherwise, briefing must be in compliance with the ldaho Appellate Rules.
(Adopted April 15, 2019, effective July 1, 2019)
Idaho Rules for Electronic Filing and Service
Rule 21: Filing Original Petitions, Motions and Memorandum of Costs with the Supreme Court
All original petitions, motions and memorandum of costs must be filed electronically with the Supreme Court and served in compliance with this rule. Otherwise, original petitions, motions and memorandum of costs must be in compliance with the Idaho Appellate Rules.
(Adopted April 15, 2019, effective July 1, 2019)