Ada County District Court, Idaho
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Page & Word Limits7 rules
A party opposing the motion must submit a responding memorandum or brief that must not exceed 15 pages.
- Opposition brief
- Up to 15 pages
For summary judgment and other dispositive motions, the reply memorandum or brief must not exceed 15 pages.
- Reply brief
- Up to 15 pages
- Summary judgment motions
- Case dispositive motions
For summary judgment and other dispositive motions, the supporting memorandum or brief must not exceed 25 pages.
- Supporting brief
- Up to 25 pages
- Summary judgment motions
- Case dispositive motions
For summary judgment and other dispositive motions, the opposing memorandum or brief must not exceed 25 pages.
- Opposition brief
- Up to 25 pages
- Summary judgment motions
- Case dispositive motions
Each motion, other than a routine or uncontested matter, must be accompanied by a separate memorandum or brief that must not exceed 15 pages.
- Page limit
- Up to 15 pages
The movant party may submit a reply brief that must not exceed 10 pages.
- Reply brief
- Up to 10 pages
Page limitations in excess of those set forth in Rules 8.1-8.3, requires prior leave of court.
Document Filing Requirements10 rules
When an order specifies the amount authorized, additional expenditures must not be made without seeking prior approval of the court.
Supporting and opposing memoranda or briefs must contain the party’s facts, reasons, points, and authorities, and must precisely cite any relied-upon record facts.
- Document
- Supporting or opposing brief
Must include
- •Legal argument
- •Statement of facts
Court's wording
Any memorandum or brief, supporting or opposing a motion, shall contain a statement of facts and all of the reasons and points and authorities relied upon by that party. To the extent a party relies on facts in the record, the party must specifically cite to the precise place in the record, affidavits, or documentary evidence.
Defense counsel must provide the necessary information and documentation to the Office of the Public Defender to process payment for authorized expenses as required by such reasonable guidelines as are or may be established by the county auditor or county commissioners.
Any proposed order must be filed as a separate document.
Notice shall be given to all parties in each action involved and a copy filed in each case involved.
As additional rules, the movant must set the matter for hearing.
A motion to amend must include an unsigned, complete proposed amended pleading and a redline or comparison showing changes to the current pleading.
Court's wording
A party who moves to amend a pleading must attach to the motion (i) the unsigned proposed amended pleading setting forth the entire pleading as amended without incorporating the prior pleading by reference and (ii) a “redline” or comparison version of the proposed amended pleading that shows the changes to the current pleading.
The court may, in its sole discretion, require the defendant to produce specified financial and other information for an indigency determination.
Court's wording
In the sole discretion of the court, it may require the defendant to produce (i) current state and federal tax returns for up to three years prior to the date of the filing of the charges against the defendant, (ii) business records, (iii) payroll and income distribution records, (iv) bank account statements, (v) financial and stock records, (vi) locations of real estate and other assets, (vii) the number and ages of any dependents, (viii) any outstanding financial obligations, and (ix) such other documentation as may be deemed necessary by the court to make the court’s indigency determination.
The court may require the movant to submit a proposed order on any other motions or matters, together with any other documents necessary to complete a case.
Proposed orders on routine or uncontested matters may be submitted at the time the motion is filed.
Filing & Service rules
Filing Timing and Cure Windows
If, within fourteen days of the filing date of a motion, a movant fails to notice the motion for hearing and fails to request the matter be decided without hearing, the court may consider the motion withdrawn.
If, within fourteen days of the filing date of a motion, a movant fails to notice the motion for hearing and fails to request the matter be decided without hearing, the court may consider the motion withdrawn.
Page 1 | Rule 5.3. Failure to Notice for Hearing
Service and Proof of Service Rules
A party requesting that a hearing or proceeding be rescheduled must notify the other parties.
If a hearing or proceeding is re-scheduled at the request of either party, that party is responsible for providing notice to other parties.
Page 1 | Rule 2.1. Scheduling Court Hearings or Proceedings
Notice must be given to all parties in each action involved in a consolidation, and a copy must be filed in every case involved.
Notice shall be given to all parties in each action involved and a copy filed in each case involved.
Page 1 | Rule 10.3
The Office of the Public Defender must be served with the motion and any other filings concerning a request for public defense costs.
The Office of the Public Defender must be served with a copy of the motion and any other filings
Page 1 | Rule 9.2. Notice-Public Defender
The movant must serve the Office of the Public Defender with notice of any hearing, whether scheduled by the defense or prosecution.
and be served notice by the movant of any hearing whether scheduled by the defense or the prosecution.
Page 1 | Rule 9.2. Notice-Public Defender
Sealing & Redaction Procedures
The Public Defender’s Office must keep service and payment requests confidential, except as needed for payment, county budgeting, or compliance with public records laws.
The Office of the Public Defender shall maintain confidentiality as to the requests for services and payment except as required as a condition to obtain payment for allowed costs or compliance with county budgeting requirements and applicable public records laws.
Page 1 | Rule 9.6. Confidentiality
A document requested to be sealed is lodged and treated as sealed pending the court’s decision; the rules specify what happens to it if the request is granted or denied, including how to file it unsealed.
Whenever a party files a motion or proposed order requesting to have a document (or other materials) filed under seal, the clerk must file the motion but the document will be lodged. The lodged document will be treated as sealed, until the court rules upon the motion. If the court grants the motion, the document will be filed and sealed. If the court denies the motion, the lodged document will not be filed but it will be retained (and treated as sealed) for purposes of appeal, unless the movant requests its deletion from the electronic record. If, after the order of denial, the movant wishes to have the document filed as an unsealed document, the party must file it as such. If the party files the document as an unsealed document, the lodged document will be deleted from the electronic record.
Page 1 | Rule 8.7. Motions to Seal
Adjournment & Extension Requirements
A party may not vacate a hearing without the other parties’ consent unless the court orders otherwise.
A party must not vacate a hearing without the consent of the other parties, except as ordered by the court.
Page 1 | Rule 2.1. Scheduling Court Hearings or Proceedings
Chambers Communication Rules
To schedule or reschedule a hearing or proceeding, the movant must contact the clerk to arrange a specific time.
To schedule or re-schedule any court hearing or proceeding, the movant must contact the court’s clerk to arrange a time certain.
Page 1 | Rule 2.1. Scheduling Court Hearings or Proceedings