Civil Procedure in Idaho: An Examination of Significant Differences Between the Rules of Procedure of the Idaho State and Federal Courts
The University of Idaho College of Law celebrates its centennial this year. The rules of civil procedure do not have that lengthy a history, but they are still a critical part of current legal education and any civil practice. Civil practitioners choosing an Idaho forum have two court system options for many types of cases-the federal courts or the state courts. The goal of this article is to point out the significant differences in the state and federal civil procedural rules for Idaho practitioners. It is meant to particularly address those Idaho attorneys who have practiced primarily or exclusively in either the federal or the state court system and are faced with the need to delve into practice in the other, less familiar court system. Of course, this article is not a substitute for actually reading the Idaho Rules of Civil Procedure, the Federal Rules of Civil Procedure, or the respective local rules of procedure in the Idaho courts. It is, however, a starting point for familiarity with the federal and state court systems.
46 Idaho L. Rev. 13 (2009)