Civil Procedure Flashcards

In Idaho, the statute of limitations for most personal injury claims is:

Answer: 2 years

Idaho Code § 5-219 provides a two-year statute of limitations for personal injury actions.

Under Idaho's work product doctrine, which of the following is absolutely protected from discovery?

Answer: Attorney's mental impressions, conclusions, opinions, and legal theories

I.R.C.P. 26(b)(3)(B) gives near-absolute protection to an attorney's mental impressions, conclusions, opinions, and legal theories.

Under Idaho's law on intervention, which type of intervention is a matter of right?

Answer: When the applicant claims an interest in the property and disposition may impair that interest

I.R.C.P. 24(a) grants a right to intervene when the applicant claims a protectable interest and disposition of the action may impair that interest.

In Idaho, a notice of appeal from a district court judgment must be filed within:

Answer: 42 days

Idaho Appellate Rule 14(a) requires a notice of appeal to be filed within 42 days of the entry of the final judgment.

Under Idaho's pleading rules, a complaint must contain:

Answer: A short and plain statement of the claim showing the pleader is entitled to relief

I.R.C.P. 8(a) requires a short and plain statement of the claim showing that the pleader is entitled to relief, consistent with notice pleading.

Which of the following is the effect of a voluntary dismissal filed by the plaintiff before the defendant serves an answer?

Answer: It is without prejudice and is effective upon filing

I.R.C.P. 41(a)(1) allows the plaintiff to dismiss without prejudice by filing a notice of dismissal before the defendant serves an answer or a motion for summary judgment.