Idaho State Process Service

$179 Routine - $229 Rush

In Idaho, the rules governing the service of process are outlined in the Idaho Rules of Civil Procedure (IRCP). Here is a general overview of the requirements for proper service in the state:

General Rules for Service

1. Who Can Serve:
   • Service must be performed by someone over 18 years old who is not a party to the case (e.g., a process server or sheriff).
2. Methods of Service:
   • Personal Service: Delivering a copy of the summons and complaint directly to the defendant.
   • Substituted Service: Leaving the documents at the defendant's dwelling with someone of suitable age and discretion who resides there.
   • Service by Mail:
     • Requires first-class mail with a return receipt requested.
     • The return receipt must show the defendant or an authorized person signed for the documents.
   • Publication: Allowed only by court order and generally used when the defendant cannot be located after due diligence.
3. Service on Individuals:
   • Deliver to the individual personally.
   • Alternatively, leave at the individual’s residence with someone over 18 who resides there.
4. Service on Corporations or Entities:
   • Deliver to an officer, managing or general agent, or any other agent authorized to receive service (per IRCP 4(d)(5)).
5. Service on Minors or Incapacitated Persons:
   • Must be served upon the individual and their legal guardian, if one exists.
6. Service on the State of Idaho:
   • Serve the Attorney General or a designated representative.

Timeline for Service

• Service must typically be completed within 6 months of filing the complaint unless an extension is granted by the court (IRCP 4(b)(2)).

Proof of Service

• After service, a proof of service (affidavit of service) must be filed with the court, detailing:
  • The method of service.
  • The date, time, and location where service occurred.
  • The name of the person served or details about substituted service.

Important Notes

• Idaho allows alternative service methods, but these require prior approval from the court.
• Improper service can lead to the dismissal of your case or a delay in proceedings, so adherence to the rules is critical.