ID Bar Civil Procedure 1 — Questions and Answers
Question 1: Under the Idaho Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?
- 14 days
- 20 days
- 21 days (Correct answer)
- 30 days
Correct 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.
Question 2: In Idaho, which court has general subject-matter jurisdiction over civil matters?
- Magistrate Division
- District Court (Correct answer)
- Court of Appeals
- Supreme Court
Correct answer: District Court
Idaho District Courts are courts of general jurisdiction and hear civil cases involving amounts over the magistrate division's monetary limits.
Question 3: Under Idaho's long-arm statute, which of the following is a sufficient basis for personal jurisdiction over a nonresident defendant?
- Defendant mailed a letter to an Idaho resident
- Defendant transacted business within Idaho (Correct answer)
- Defendant's attorney is licensed in Idaho
- Defendant once visited Idaho as a tourist
Correct answer: Defendant transacted business within Idaho
Idaho Code § 5-514 grants jurisdiction over nonresidents who transact any business within Idaho, among other enumerated contacts.
Question 4: In Idaho civil cases, how long does a plaintiff generally have to serve a defendant after filing the complaint?
- 30 days
- 60 days
- 90 days (Correct answer)
- 120 days
Correct 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.
Question 5: Which of the following is the standard for granting summary judgment under the Idaho Rules of Civil Procedure?
- No genuine dispute of material fact and movant is entitled to judgment as a matter of law (Correct answer)
- The opposing party fails to appear at the hearing
- The judge finds the movant's evidence more persuasive
- Clear and convincing evidence supports the movant's position
Correct 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.
Question 6: Under Idaho's compulsory counterclaim rule, when must a defendant assert a counterclaim?
- Only if it arises from an unrelated transaction
- If it arises out of the same transaction or occurrence as the plaintiff's claim (Correct answer)
- Only after the plaintiff rests at trial
- Counterclaims are always permissive in Idaho
Correct 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.
ID Bar Civil Procedure 1
Under the Idaho Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?