Civil Procedure Flashcards

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

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

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

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

Answer: 28 days

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

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

Answer: Unanimity among class members

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

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

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

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

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

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

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.

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

Answer: Fails to plead or otherwise defend within the required time

I.R.C.P. 55(a) allows the clerk to enter a default when a party against whom relief is sought has failed to plead or otherwise defend.