ID Bar Civil Procedure 2

Question 1

Under I.R.C.P. 26, when must initial disclosures be served in Idaho state court?

Accepted Answer

At the time specified in the court's scheduling order, but no later than 28 days after the parties' Rule 26(f) conference

Answer

Within 14 days of the Rule 16 scheduling conference

Answer

Within 21 days after the defendant is served

Answer

Within 30 days of filing the complaint

Question 2

In Idaho, a motion for a new trial must be filed within how many days of entry of judgment?

Accepted Answer

28 days

Answer

7 days

Answer

14 days

Answer

21 days

Question 3

Under Idaho's class action rule, which of the following is NOT a requirement for certifying a class?

Accepted Answer

Unanimity among class members

Answer

Numerosity

Answer

Commonality

Answer

Typicality

Question 4

Under Idaho's venue rules, where is venue generally proper in a tort action?

Accepted Answer

In the county where the cause of action arose or where the defendant resides

Answer

Only in the county where the plaintiff resides

Answer

Only in the county where the defendant resides

Answer

In the county where the plaintiff's attorney practices

Question 5

Which of the following describes the doctrine of forum non conveniens in Idaho?

Accepted Answer

A court may dismiss or stay an action if another forum is substantially more convenient

Answer

A court must dismiss if another court has exclusive jurisdiction

Answer

A court must dismiss if the defendant is not a resident of Idaho

Answer

The doctrine does not apply in Idaho state courts

Question 6

Under I.R.C.P. 55, a default judgment may be entered when a party:

Accepted Answer

Fails to plead or otherwise defend within the required time

Answer

Fails to pay court filing fees on time

Answer

Files an answer that lacks sufficient detail

Answer

Fails to attend the pretrial conference