Overview
Process Server in Idaho: How Service of Process Works
In Idaho, any person 18 or older who isn't a party can serve a summons under Idaho Rule of Civil Procedure 4. Papers can be delivered to the defendant personally, or left at the defendant's dwelling or usual place of abode with a person 18 or older who lives there. Idaho gives plaintiffs six months after filing to serve the summons and complaint, longer than many states.
Who serves process
Who Can Serve Legal Documents in Idaho
Under Idaho Rule of Civil Procedure 4(c), any person 18 or older who is not a party may serve process. Idaho doesn't license private process servers.
Service at the home requires a resident who is at least 18.
Typical documents include summonses and complaints, small claims papers, eviction papers, subpoenas and divorce papers.
Proof you receive: a sworn affidavit of service
The server signs a proof of service stating how, when and where service was made.
Process service statewide
Personal and abode service in all 44 counties.
Rural service
Service across Idaho's rural counties, planned around travel time.
Boise, Meridian and Idaho Falls
Fast service in Ada, Canyon, Kootenai, Bonneville and every Idaho county.
The rules
Idaho Service of Process Rules
The Idaho rules that matter most for service:
| Rule | What it covers |
|---|---|
| I.R.C.P. 4(b) | Serve within six months of filing |
| I.R.C.P. 4(c) | Who may serve |
| I.R.C.P. 4(d) | Personal and abode service |
| I.R.C.P. 12(a) | 21 days to answer |
Treaties
Idaho and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Idaho has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Idaho's law and on what your court allows.
Idaho is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
