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

Idaho Rule 26(a)(1)(C) requires initial disclosures within the time set by the scheduling order, mirroring the federal framework.

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

I.R.C.P. 59(b) requires that a motion for new trial be filed no later than 28 days after entry of judgment.

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

I.R.C.P. 23 requires numerosity, commonality, typicality, and adequacy of representation, but not unanimity among class members.

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

Idaho Code § 5-404 provides that tort actions may be brought in the county where the injury occurred or where the defendant resides.

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

Idaho courts recognize forum non conveniens and may dismiss or stay an action when an alternative forum would be substantially more convenient for the parties and witnesses.

ID Bar - Idaho Bar Exam Practice Test

ID Bar - Idaho Bar Exam Practice Test

ID Bar Civil Procedure 2