Civil Procedure Flashcards
6 cards from real ID BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Civil Procedure flashcards as text
Under the Idaho Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?
Answer: 21 days
Under I.R.C.P. 12(a), a defendant must serve an answer within 21 days after being served with the summons and complaint.
In Idaho, which court has general subject-matter jurisdiction over civil matters?
Answer: District Court
Idaho District Courts are courts of general jurisdiction and hear civil cases involving amounts over the magistrate division's monetary limits.
Under Idaho's long-arm statute, which of the following is a sufficient basis for personal jurisdiction over a nonresident defendant?
Answer: Defendant transacted business within Idaho
Idaho Code § 5-514 grants jurisdiction over nonresidents who transact any business within Idaho, among other enumerated contacts.
In Idaho civil cases, how long does a plaintiff generally have to serve a defendant after filing the complaint?
Answer: 90 days
Under I.R.C.P. 4(a)(2), the plaintiff must serve the defendant within 90 days after the complaint is filed.
Which of the following is the standard for granting summary judgment under the Idaho Rules of Civil Procedure?
Answer: No genuine dispute of material fact and movant is entitled to judgment as a matter of law
I.R.C.P. 56(a) provides that summary judgment is appropriate when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Under Idaho's compulsory counterclaim rule, when must a defendant assert a counterclaim?
Answer: If it arises out of the same transaction or occurrence as the plaintiff's claim
I.R.C.P. 13(a) requires a defendant to state a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim, or it is waived.