PART I. CIVIL RULES AND
Section II. Commencement of Action; Service
of Process, Pleadings, Motions, and Orders
The calendar areas of the United States
District Court for the District of Idaho shall consist of the
Southern Calendar: Ada, Gooding, Adams, Jerome, Blaine, Lincoln, Boise,
Minidoka, Camas, Owyhee, Canyon, Payette, Cassia,
Twin Falls, Elmore, Valley, Gem, Washington
Eastern Calendar: Bannock, Franklin, Bear Lake, Fremont, Bingham,
Jefferson, Bonneville, Lemhi,Butte, Madison, Caribou,
Oneida, Clark, Power, Custer, Teton
Northern Calendar: Benewah, Kootenai, Bonner, Latah, Boundary, Lewis,
Clearwater, Nez Perce, Idaho, Shoshone
Cases that have venue in one of the above
calendar areas will be assigned by the clerk upon the filing of
the complaint or petition to the appropriate calendar area.
Juries will be selected from the calendar areas in accordance
with the Jury Selection Plan adopted by the court.
U.S.C. § 92
GENERAL FORMAT OF PAPERS
PRESENTED FOR FILING
(a) All pleadings, motions, and other papers
presented for filing shall be on 8 1/2 x 11 inch white paper of
good quality, flat and unfolded, without back or cover, and shall
be plainly typewritten, printed, or prepared on one side of the
paper only by a clearly legible duplication process, and
double-spaced, except for quoted material and footnotes.
Documents on 14-inch paper shall be reduced in size before
filing. Documents more than 1/2 inch thick shall be two-hole
punched at top edge. Each page shall be numbered consecutively.
The top, bottom, and side margins shall be at least one inch and
the font or typeface for all text, including footnotes, shall be
at least 12 point.
(b) The name, address, and telephone number of
counsel (or, if in propria persona, of the party) and a
specific identification of the party represented by name and
interest in the litigation (i.e., plaintiff, defendant, etc)
shall appear in the upper left-hand corner of the first page of
each paper presented for filing, except that in multi-party
actions or proceedings, reference may be made to the signature
page for the complete list of parties represented. Following the
counsel identification and commencing four inches below the top
of the first page, (except where additional space is required for
identification) there shall appear:
(1) The title of the court;
(2) The title of the action or proceeding;
(3) The file number of the action or
(4) The category of the action or
proceeding as provided hereinafter in these rules;
(5) A title describing the pleading; If the
pleading is a response to a motion, that particular motion
should be reflected in the title; and
(6) Any other matter required by this rule.
(c) The clerk shall file all pleadings
presented for filing upon payment of the appropriate fee, if any.
In the event of a failure to comply with these rules, the clerk
may bring the failure to comply to the attention of the filing
party and of the judge to whom the action or proceeding is
(d) Removing Cases from State Court
(1) A copy of the entire state court record
and the docket sheet must be provided at the time of filing
the notice of removal.
(2) Supplemental Civil Cover Sheet for
Notices of Removal: Attorneys are required to complete a
supplemental civil cover sheet when a notice of removal is
filed in the District of Idaho. The form is available from
the Clerk of Court. This form is used by the Clerk of Court
to identify the status of all parties and attorneys. See D.
Id. L. Civ. R. 7.1 Motion Practice.
(e) Civil Cover Sheet - Every complaint or
other document initiating a civil action shall be accompanied by
a completed civil cover sheet, on a form available from the
clerk. This requirement is solely for administrative purposes,
and matters appearing only on the civil cover sheet have no legal
effect in the action.
If the complaint or other document is submitted
without a completed civil cover sheet or supplemental civil cover
sheet for notices of removal, the clerk shall file the complaint
or the notice of removal as of the date received and promptly
give notice of the omission of the respective civil cover sheet
to the party filing the document. When the respective civil cover
sheet has been received, the clerk shall process the complaint or
notice of removal as of the original date of filing the
Fed. R. Civ. P. 5(e), 79(a)(d)
PROOF OF SERVICE WHEN SERVICE
IS REQUIRED BY FED. R. CIV. P. 5.
Whenever any pleading presented for filing is
required or permitted by any rule or other provision of law to be
served upon any party or person, it shall bear or have attached
to it (a) an acknowledgement of service by the person served, or
(b) proof of service stating the date, place and manner of
service and the names of the persons served, certified by the
person who made service.
Fed. R. Civ. P. 4(l), 5
NON-FILING OF DISCOVERY
Disclosure of expert testimony,
interrogatories, requests for documents, requests for admission,
and answers and responses thereto shall be served upon other
counsel and parties but shall not be filed with the court unless
on order of the court or for use in the proceeding. Any
certificates of service related to discovery documents shall not
be filed with the clerk. The party responsible for service of the
discovery material shall retain the original and become the
custodian. The original of all depositions upon oral examination
shall be retained by the party taking such deposition.
If relief is sought under any of the Federal
Rules of Civil Procedure, pertinent portions of discovery matters
in dispute may be attached to the motion filed under these rules
by the party seeking to invoke the court's relief.
If disclosure of expert testimony, depositions,
interrogatories, requests for documents, requests for admissions,
answers, or responses are to be used at trial or are necessary to
a pretrial or post trial motion, those portions to be used shall
be lodged with the clerk at the outset of the trial or at the
filing of the motion insofar as their use can be reasonably
anticipated by the parties. Documents must indicate the scheduled
date of trial or hearing at which they will be used and to whom
the documents should be returned after the trial or hearing.
When documentation of discovery not previously
in the record is needed for appeal purposes, upon an application
and order of the court, or by stipulation of counsel, the
necessary discovery papers shall be lodged with the clerk.
Discovery lodged with the court shall be returned to appropriate
counsel after final disposition of the case. Discovery lodged
with the court will be treated as exhibits and returned pursuant
to Local Rule 79.1.
Fed. R. Civ. P. 5(d)