Limits & Logistics
Document Limits
Adjournments
- A continuance requires a counsel-signed motion and supporting affidavit with specified information, and may be granted only by Court order under extraordinary circumstances not controlled by or foreseeable to the parties.
Request must include
Communication
Phone
Clerk
Document Filing Requirements4 rules
When disclosing an expert, a party must contemporaneously provide the information required by I.R.C.P. 26(b)(4)(A)(i) and (ii), whether or not an interrogatory is pending.
Court's wording
Contemporaneously with the deadline for disclosure for any expert witness, and regardless of whether there is a pending interrogatory seeking such information, the party disclosing any expert(s) must also provide all information concerning such expert as is required by I.R.C.P. 26(b)(4)(A)(i) and (ii).
All discovery motions must include an affidavit describing efforts to resolve the dispute before filing.
Court's wording
In addition, all discovery motions (e.g., to compel, to quash, and for protective orders) must be accompanied by an affidavit showing the efforts made to resolve the dispute before the motion was filed.
Before scheduling a hearing for a motion for summary judgment or motion to amend the complaint or counterclaim, the party must file the motion and memorandum in support and then contact the Court’s clerk for a hearing date.
Do not attach “unavailable dates.”
Filing & Service rules
Filing Timing and Cure Windows
Trial must be set to begin within 540 days after the original complaint is filed.
Trial must be set to begin within 540 days from the date the original complaint was filed.
Civil cases
Page 1 | The following trial dates are requested
Trial exhibit lists, witness lists, jury instructions, and any pretrial memorandums must be filed at least eight days before trial.
Trial exhibit lists, witness lists, jury instructions, and pre-trial memorandums (if any) must be filed no later than eight (8) days prior to trial.
Civil cases
Page 1 | The following trial dates are requested
Motions in limine must be filed at least 14 days before the pretrial conference.
Motions in limine must be filed no later than 14 days prior to the pretrial conference.
Civil cases
Page 1 | The following trial dates are requested
Trial exhibits must be submitted to the Court and all parties at least four days before trial.
Trial exhibits must be submitted to the Court and all parties no later than four (4) days prior to trial.
Civil cases
Page 1 | The following trial dates are requested
Unless otherwise stipulated, motions to amend pleadings, including to add punitive damages or parties, must be filed and heard at least 180 days before trial.
Unless otherwise stipulated, all motions to amend including motions to amend for punitive damages and motions to add additional arties shall be filed and heard no later than 180 days before trial.
Civil cases
Page 2 | JOINDER OF PARTIES AND AMENDMENT OF PLEADINGS
Dispositive motions must be filed at least 120 days before trial, the parties may not alter the deadline, and a noncompliant summary-judgment motion may not be scheduled and may be summarily denied.
DISPOSITIVE MOTIONS. All dispositive motions shall be filed no later than 120 days before trial. The parties may not alter this deadline. A failure to file any summary judgment in compliance with this rule may result in no summary judgment being scheduled and the motion summarily denied.
Civil cases
Page 3 | DISPOSITIVE MOTIONS
Parties should not wait until the dispositive-motion filing deadline because the Court may be unable to schedule a timely hearing.
DUE TO COURT CALENDAR CONGESTION YOU SHOULD NOT WAIT UNTIL THE LAST DATE TO FILE DISPOSITIVE MOTIONS BECAUSE THE COURT MAY NOT BE ABLE TO ACCOMMODATE A TIMELY HEARING FOR YOUR MOTION.
Civil cases
Page 3 | DISPOSITIVE MOTIONS
Service and Proof of Service Rules
Trial exhibits must be provided to all parties at least four days before trial.
Trial exhibits must be submitted to the Court and all parties no later than four (4) days prior to trial.
Civil cases
Page 1 | The following trial dates are requested
Discovery must be served sufficiently early to be completed by the applicable discovery cutoff dates.
All discovery, including serving an interrogatory, requesting the production of documents, issuing third-party subpoenas for documents, requests for inspection, requests for examination, requests for admission, and noticing a deposition, must be served far enough in advance so that such discovery can be completed by these dates.
Civil cases
Page 2 | DISCOVERY CUTOFF
Pre-Motion Conference Requirements
When ESI is requested or exchanged, the parties must confer in person or by phone within 10 days of a formal ESI discovery request, and responding parties must disclose specified ESI information at the conference.
If this case involves any request for, or the exchange of, electronically stored information (“ESI”), then the parties must engage in an ESI conference in which they must confer either in-person or over the phone within 10 days from a formal discovery request for ESI. At the ESI conference, the party responding to a request for ESI must identify and disclose: i. The reasonably accessible sources of relevant ESI (including but not limited to all sources where relevant ESI is located, stored, or saved); ii. The methods that will be, or have been, used to cull relevant ESI (including but not limited to any search terms or other methodologies used to identify, search for, and produce ESI); iii. The scope of discoverable ESI (including the identification of the types of ESI that will be identified, preserved, searched, and produced and the time frame applicable to the ESI that will be preserved, identified, and produced); iv. The formats that all relevant ESI will be preserved and produced; and v. The potential need for a protective order or any other procedures for handling privileged or inadvertently produced information. Counsel for each party must review and understand how his or her client’s ESI is stored and retrieved before the ESI conference.
Civil cases
Page 3 | ELECTRONIC DISCOVERY
Unresolved ESI disputes must be presented at a Court status conference, which must be scheduled before filing a motion to compel or for a protective order concerning that ESI.
Any disputes regarding ESI (including but not limited to disputes regarding: the burden, expense, efforts, or delay associated with identifying, preserving or producing ESI, work-product or privilege issues, or any issues regarding the need, discoverability, or relevance of the information) that the parties are unable to resolve, must be presented to the Court at a status conference. A discovery status conference to discuss any ESI dispute must be scheduled with the Court prior to the filing of any motion to compel or motion for protective order concerning such ESI.
Civil cases
Page 3 | ELECTRONIC DISCOVERY
Adjournment & Extension Requirements
A continuance requires a counsel-signed motion and supporting affidavit with specified information, and may be granted only by Court order under extraordinary circumstances not controlled by or foreseeable to the parties.
Continuances are discretionary with the Court and will be granted only under extraordinary circumstances, not within the control of the parties and not foreseeable. A hearing or trial may be continued only by order of the Court. Continuances will be granted sparingly and will not be granted solely because the parties have stipulated to continue. Any request for a continuance must be made by a motion signed by counsel and supported by an affidavit stating: (1) when the need for a continuance arose; (2) the grounds and reasons for the continuance; (3) measures taken to avoid the necessity for a continuance; (4) when the parties can be ready to proceed; and (5) whether all parties agree to the continuance and all efforts made to secure an agreement with the parties as to the continuance.
Civil cases
Page 4 | MOTIONS FOR CONTINUANCE
Chambers Communication Rules
After filing the motion and supporting memorandum, the party must contact the Court’s clerk to obtain a hearing date.
Before scheduling a hearing for a motion for summary judgment or motion to amend the complaint or counterclaim, the party must file the motion and memorandum in support and then contact the Court’s clerk for a hearing date.
Civil cases
Page 4 | DISPOSITIVE MOTIONS
Parties who believe the case cannot be ready for trial within 540 days must notify the Court’s clerk.
If the parties do not believe the case can be ready to be tried within that timeframe, you must let the Court’s clerk know.
Civil cases
Page 1 | The following trial dates are requested
Contact the court clerk by phone to schedule a hearing on Judge Yee-Wallace’s Ada County calendar.
To set a hearing on Judge Yee-Wallace’s Ada County calendar, contact the court clerk at 208-287-7455.
Page 1 | Judge Yee-Wallace Biography