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Idaho Foreclosure Process Server Laws

By admin | April 9, 2010

Rule 4(a). Process – Summons – Issuance – Time
limits.
(1) Summons. At the request of the plaintiff, the clerk of the
district court shall forthwith issue a summons and deliver it for
service as provided by Rule 4(c). Upon request of the plaintiff
separate or additional summons shall issue against any defendant.
(2) Time Limit for Service. If a service of the summons and
complaint is not made upon a defendant within six (6) months after
the filing of the complaint and the party on whose behalf such
service was required cannot show good cause why such service was
not made within that period, the action shall be dismissed as to
that defendant without prejudice upon the court’s own initiative
with 14 days notice to such party or upon motion. [Amended June 15,
1987, effective November 1, 1987; amended February 10, 1993,
effective July 1, 1993; amended April 19, 1995, effective July 1,
1995.]
Rule 4(b). Summons – Form.
The summons shall be signed by the clerk of the district court, be under
the seal of the court, contain the name of the court, the assigned number of
the case, the names of the parties, the county in which the action is
brought, and state the name and address of the plaintiff’s attorney,
if any, otherwise, the plaintiff’s address.
(1) Eviction Proceedings. – In an action exclusively for eviction
where an expedited proceeding is contemplated under I.C. Section 6-310
the summons shall be in substantially the following form:
ATTORNEY’S NAME
FIRM NAME
STREET ADDRESS
MAILING ADDRESS
CITY, STATE & ZIP CODE
TELEPHONE NUMBER
Attorney(s) for Plaintiff(s)
IN THE DISTRICT COURT OF THE ________ JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ________
)
Plaintiff(s), ) Case No. ________
)
vs. ) SUMMONS FOR EVICTION
) PURSUANT
) TO IDAHO CODE Section 6-310
Defendant(s). ) (Expedited Proceedings)
________________________________ )
TO THE ABOVE NAMED DEFENDANTS(S): YOU HAVE BEEN SUED BY THE ABOVE
NAMED PLAINTIFF(S).
A trial will be held on ________, 19____, at ________ o’clock _ .m.
at (location) to determine if you should be evicted
from the premises described in the Complaint which is served with
this Summons. If the Court grants the request to evict you, it may
also order you to pay costs of this proceeding. If you wish to seek
the advice of or representation by an attorney in this matter, you
should do so promptly, to allow adequate time for trial preparation.
This Summons and the Complaint shall be served upon the Defendant(s)
not less than five (5) days [computed pursuant to IRCP Rule 6(a)]
prior to the date of the hearing.
CLERK OF THE DISTRICT COURT
DATED: ______________ By ________________________________
Deputy Clerk
(2) Other Civil Proceedings. – In other civil proceedings the
summons shall contain the time within which these rules require the
defendant to file a written response or written motion in defense
to the complaint, and shall notify the defendant that in case of
the defendant’s failure to do so judgment by default will be
rendered against the defendant for the relief demanded in the
complaint. The summons shall be in substantially the following
form:
ATTORNEY’S NAME
FIRM NAME
STREET ADDRESS
MAILING ADDRESS
CITY, STATE & ZIP CODE
TELEPHONE NUMBER
Attorney(s) for Plaintiff(s)
IN THE DISTRICT COURT OF THE ________ JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ________
)
Plaintiff(s), ) Case No. ________
)
vs. ) SUMMONS
)
Defendant(s). )
________________________________ )
NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF(S): THE
COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS
YOU RESPOND WITHIN 20 DAYS. READ THE INFORMATION BELOW.
TO: ________________________________________________
You are hereby notified that in order to defend this lawsuit, an
appropriate written response must be filed with the above
designated court within 20 days after service of this Summons on
you. If you fail to so respond the court may enter judgment against
you as demanded by the plaintiff(s) in the Complaint.
A copy of the Complaint is served with this Summons. If you wish to
seek the advice of or representation by an attorney in this matter,
you should do so promptly so that your written response, if any,
may be filed in time and other legal rights protected.
An appropriate written response requires compliance with Rule
10(a)(1) and other Idaho Rules of Civil Procedure and shall also
include:
1. The title and number of this case.
2. If your response is an Answer to the Complaint, it must contain
admissions or denials of the separate allegations of the Complaint
and other defenses you may claim.
3. Your signature, mailing address and telephone number, or the
signature, mailing address and telephone number of your attorney.
4. Proof of mailing or delivery of a copy of your response to
plaintiff ‘s attorney, as designated above.
To determine whether you must pay a filing fee with your response,
contact the Clerk of the above-named court.
DATED this ________ day of ____________, 19 ____.
CLERK OF THE DISTRICT COURT
By ________________________________
Deputy Clerk
(Adopted February 2, 1993, effective July 1, 1993; amended February 26, 1997,
effective July 1, 1997.)
(3) Publication.- – -Where service is to be made by publication, the
Summons to be published shall be substantially as follows:
SUMMONS
To: [ Defendant’s Name]
You have been sued by [Plaintiff’s Name], the Plaintiff, in the
District Court in and for [Name of County] County, Idaho, Case No.
[Case No.].
The nature of the claim against you is [nature of claim].
Any time after 20 days following the last publication of this summons,
the court may enter a judgment against you without further notice, unless
prior to that time you have filed a written response in the proper form,
including the Case No., and paid any required filing fee to the Clerk of
the Court at [address and telephone number of the clerk] and served a copy
of your response on the Plaintiff’s attorney at [name, address, and phone
number of Plaintiff’s attorney].
A copy of the Summons and Complaint can be obtained by contacting
either the Clerk of the Court or the attorney for Plaintiff. If you wish
legal assistance, you should immediately retain an attorney to advise you
in this matter.
Dated: __________________
[Name of County] County District Court
By __________________, Deputy Clerk
(Amended March 9, 1999, effective July 1, 1999.)
Rule 4(c)(1). By whom served.
Service of all process shall be made by an officer authorized by
law to serve process, or by some person over the age of eighteen
(18), not a party to the action. A subpoena may be served as
provided in Rule 45.
Rule 4(c)(2). Executing process.
The officer or other person executing process need not have in his
or her possession the original process, summons, writ, order or
subpoena at the time of service of the document.
(Adopted March 23, 1990, effective July 1, 1990.)
Rule 4(c)(3). Service of facsimile or telegraphic copy.
Any summons, writ, order or other paper requiring service may be
transmitted by facsimile machine process or telegraph and the copy
transmitted may be served or executed by the officer or person to
whom sent, and returned in the same manner, and with the same
force, effect, authority and liability as the original. The
original must be filed in the court from which issued.
(Amended November 15, 1989, effective January 1, 1990.)
Rule 4(d)(1). Summons – Personal service.
A copy of the complaint shall be served with the summons, except
when the service is by publication as provided in Rule 4(e). The
plaintiff shall furnish the person making service with such copies
as are necessary. Service shall be made as follows:
Rule 4(d)(2). Service upon individuals.
Upon an individual other than those specified in subdivision (3) of
this rule, by delivering a copy of the summons and of the complaint
to the individual personally or by leaving copies thereof at the
individual’s dwelling house or usual place of abode with some
person over the age of eighteen (18) years then residing therein or
by delivering a copy of the summons and of the complaint to an
agent authorized by appointment or by law to receive service of
process.
Rule 4(d)(3). Service upon infants and incompetents.
Upon a minor less than fourteen (14) years of age, service shall be
upon the guardian if one (1) has been appointed, and if there is
none then upon either the father or mother, and if neither
guardian, father or mother be found within the state then upon any
person having the care and custody of such minor, and unless the
court otherwise orders, also upon the minor, said service to be in
the manner set forth in subdivision (2) of this rule. Upon an
incompetent person who has been judicially declared to be of
unsound mind or incapable of conducting the incompetent person’s
own affairs, service shall be had upon the guardian if one (1) has
been appointed in this state, or if there is none by service upon a
competent adult member of the family with whom the incompetent
person resides, or if the incompetent person is living in an
institution then upon the chief executive officer of the
institution, or if service cannot be had upon any of them, then as
provided by order of the court, and unless the court otherwise
orders, also upon the incompetent. If any of the parties upon whom
service is directed to be made is a plaintiff, then service shall
be upon such other person as the court may designate.
Rule 4(d)(4). Service upon domestic or foreign corporations.
(A) Upon a domestic or foreign corporation by delivering a copy of
the summons and complaint to an officer, managing or general agent,
or to any other agent authorized by appointment or by statute of
this state to receive service of process, and upon a partnership or
other unincorporated association which is subject to suit under a
common name, by delivering a copy of the summons and the complaint
to an officer or the managing or general agent of the partnership
or association, or to any other agent authorized by appointment or
by statute of this state to receive service of process. If service
is upon a statutory agent, any statutory requirement as to the
number of copies of summons and complaint to be served shall be
followed, and if such agent is a state official such service may be
made by registered or certified mail, and also, if the statute so
requires, by mailing a copy to the defendant.
(B) Whenever any foreign corporation which has qualified in the
state by filing with the Secretary of State or a domestic
corporation or association shall not have designated a person
actually residing in the state upon whom service of process can be
made, or whenever such agent of a corporation shall resign, be
removed from office, or shall have died or shall have moved from
the state, or if after due diligence neither the designated agent
of the corporation nor any officer or managing agent of the
corporation can be found within the state, then service of any
summons and complaint against the corporation may be made by the
party serving the same by mailing copies of the summons and
complaint by registered or certified mail to the corporation
addressed to its registered place of business and to the president
or secretary of the corporation at the addresses shown on the most
current annual statement filed with the Secretary of State. Service
shall be complete upon such mailing by certified or registered
mail. The party or attorney serving the corporation under this
paragraph shall make a return certificate indicating compliance
with the provision of this rule and attaching a receipt of the
mailing.
(Amended effective July 1, 1977; amended April 11, 1979, effective
May 1, 1979.)
Rule 4(d)(5). Service upon state, agencies or governmental
subdivisions.
Upon the state of Idaho, or any agency thereof, service shall be
made by delivering two (2) copies of the summons and complaint to
the attorney general or any assistant attorney general. Upon any
other governmental subdivision, municipal corporation, or quasi-
municipal corporation or public board service shall be made by
delivering a copy of the summons and complaint to the chief
executive officer or the secretary or clerk thereof. In all actions
brought under specific statutes requiring service to be made upon
specific individuals or officials, service shall be made pursuant
to the statute in addition to service as provided above.
(Amended effective July 1, 1977.)
Rule 4(d)(6). Receipt of service.
In lieu of service upon an individual as provided above in this
rule, service may be accomplished by an acknowledged written
admission by the individual that the individual has received
service of process, stating the capacity in which such service of
process was received.
Rule 4(e)(1). Summons – Other service.
Whenever a statute of this state provides for service of a summons,
or of a notice, or of an order in lieu of summons, upon a party not
an inhabitant of, or found within the state, or upon unknown
persons, service shall be made under the circumstances and in the
manner prescribed by the statute. Personal service outside of the
state, when authorized by statute, shall be as provided by Rule
4(d). Whenever the summons, notice or order is served by
publication it shall contain in general terms a statement of the
nature of the grounds of the claim, and copies of the summons and
complaint shall be mailed to the last known address most likely to
give notice to the party.
Rule 4(e)(2). Service – Completion.
Personal service within or without the state is complete on the
date of delivery; service by publication is complete upon the date
of the last publication.
Rule 4(f). Territorial limits of effective service.
All process, other than a subpoena, may be served anywhere within
territorial limits of the state and, when a statute or rule so
provides, beyond the territorial limits of the state. A subpoena
may be served as provided in rule 45.
Rule 4(g). Return.
Proof of service of process shall be in writing specifying the
manner of service, the date and place of service and unless the
party served files an appearance the return must be filed with the
court:
(1) If service is made by a sheriff or deputy sheriff, or any
peace officer or court marshall, anywhere within the state of
Idaho, then by certificate of the officer indicating service as
required by these rules.
(2) If service is by any person other than those specified in (1)
above, then by affidavit of such person indicating the person is
over the age of 18 years and service as required by these rules.
(3) If service is by mailing, not requiring proof of receipt, then
by affidavit of mailing by a person over the age of 18 years who
mailed such service indicating the documents mailed and the date
and address to which they were mailed.
(4) If service is by certified or registered mail, then by
affidavit of a person over the age of 18 years who mailed such
process together with postal receipts indicating whether the person
received the service of process by mail.
(5) If service is by publication, then by affidavit of the
publisher of the newspaper, or the publisher’s designated agent
over the age of 18 years, stating the dates of publication and
attaching a true copy of the publication.
(6) In lieu of any of the above, the party’s acknowledged written
admission that service of process was received, as provided by rule
4(d)(6).
(7) The return of service shall list and identify all documents
served.
(Amended effective July 1, 1977; amended March 23, 1990, effective
July 1, 1990; amended August 22, 1990, effective August 22, 1990.)
Rule 4(h). Amendment.
At any time in its discretion and upon such terms as it deems just,
the court may allow any process or proof of service thereof to be
amended, unless it clearly appears that material prejudice would
result to the substantial right [rights] of the party against whom
the process issued.
Rule 4(i). Voluntary appearance.
The voluntary appearance of a party or service of any pleading by
the party, except as provided herein, constitutes voluntary
submission to the personal jurisdiction of the court. A motion
under Rule 12(b)(2), (4) or (5), whether raised before or after
judgment, does not constitute a voluntary appearance by a party
under this rule. The joinder of other defenses in a motion under
Rules 12(b)(2), (4) or (5) does not constitute a voluntary
appearance by the party under this rule. If, after a motion under
Rules 12(b)(2), (4), or (5) is denied, the party pleads further and
defends the action, such further appearance and defense of the
action will not constitute a voluntary appearance under this rule.
(Amended March 31, 1978, effective July 1, 1978; amended April 11,
1979, effective May 1, 1979; amended March 30, 1984, effective July
1, 1984; amended June 15, 1987, effective November 1, 1987; amended
April 19, 1995, effective July 1, 1995.)

Rule 4(a). Process – Summons – Issuance – Timelimits.(1) Summons. At the request of the plaintiff, the clerk of thedistrict court shall forthwith issue a summons and deliver it forservice as provided by Rule 4(c). Upon request of the plaintiffseparate or additional summons shall issue against any defendant.
(2) Time Limit for Service. If a service of the summons andcomplaint is not made upon a defendant within six (6) months afterthe filing of the complaint and the party on whose behalf suchservice was required cannot show good cause why such service wasnot made within that period, the action shall be dismissed as tothat defendant without prejudice upon the court’s own initiativewith 14 days notice to such party or upon motion. [Amended June 15,1987, effective November 1, 1987; amended February 10, 1993,effective July 1, 1993; amended April 19, 1995, effective July 1,1995.]
Rule 4(b). Summons – Form.The summons shall be signed by the clerk of the district court, be underthe seal of the court, contain the name of the court, the assigned number ofthe case, the names of the parties, the county in which the action isbrought, and state the name and address of the plaintiff’s attorney,if any, otherwise, the plaintiff’s address.
(1) Eviction Proceedings. – In an action exclusively for evictionwhere an expedited proceeding is contemplated under I.C. Section 6-310the summons shall be in substantially the following form:
ATTORNEY’S NAMEFIRM NAMESTREET ADDRESSMAILING ADDRESSCITY, STATE & ZIP CODETELEPHONE NUMBERAttorney(s) for Plaintiff(s)
IN THE DISTRICT COURT OF THE ________ JUDICIAL DISTRICT OF THESTATE OF IDAHO, IN AND FOR THE COUNTY OF ________)Plaintiff(s), ) Case No. ________)vs. ) SUMMONS FOR EVICTION) PURSUANT) TO IDAHO CODE Section 6-310Defendant(s). ) (Expedited Proceedings)________________________________ )
TO THE ABOVE NAMED DEFENDANTS(S): YOU HAVE BEEN SUED BY THE ABOVENAMED PLAINTIFF(S).
A trial will be held on ________, 19____, at ________ o’clock _ .m.at (location) to determine if you should be evictedfrom the premises described in the Complaint which is served withthis Summons. If the Court grants the request to evict you, it mayalso order you to pay costs of this proceeding. If you wish to seekthe advice of or representation by an attorney in this matter, youshould do so promptly, to allow adequate time for trial preparation.This Summons and the Complaint shall be served upon the Defendant(s)not less than five (5) days [computed pursuant to IRCP Rule 6(a)]prior to the date of the hearing.
CLERK OF THE DISTRICT COURT
DATED: ______________ By ________________________________Deputy Clerk
(2) Other Civil Proceedings. – In other civil proceedings thesummons shall contain the time within which these rules require thedefendant to file a written response or written motion in defenseto the complaint, and shall notify the defendant that in case ofthe defendant’s failure to do so judgment by default will berendered against the defendant for the relief demanded in thecomplaint. The summons shall be in substantially the followingform:
ATTORNEY’S NAMEFIRM NAMESTREET ADDRESSMAILING ADDRESSCITY, STATE & ZIP CODETELEPHONE NUMBERAttorney(s) for Plaintiff(s)
IN THE DISTRICT COURT OF THE ________ JUDICIAL DISTRICT OF THESTATE OF IDAHO, IN AND FOR THE COUNTY OF ________)Plaintiff(s), ) Case No. ________)vs. ) SUMMONS)Defendant(s). )________________________________ )
NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF(S): THECOURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESSYOU RESPOND WITHIN 20 DAYS. READ THE INFORMATION BELOW.
TO: ________________________________________________
You are hereby notified that in order to defend this lawsuit, anappropriate written response must be filed with the abovedesignated court within 20 days after service of this Summons onyou. If you fail to so respond the court may enter judgment againstyou as demanded by the plaintiff(s) in the Complaint.
A copy of the Complaint is served with this Summons. If you wish toseek the advice of or representation by an attorney in this matter,you should do so promptly so that your written response, if any,may be filed in time and other legal rights protected.
An appropriate written response requires compliance with Rule10(a)(1) and other Idaho Rules of Civil Procedure and shall alsoinclude:
1. The title and number of this case.2. If your response is an Answer to the Complaint, it must containadmissions or denials of the separate allegations of the Complaintand other defenses you may claim.3. Your signature, mailing address and telephone number, or thesignature, mailing address and telephone number of your attorney.4. Proof of mailing or delivery of a copy of your response toplaintiff ‘s attorney, as designated above.To determine whether you must pay a filing fee with your response,contact the Clerk of the above-named court.
DATED this ________ day of ____________, 19 ____.
CLERK OF THE DISTRICT COURT
By ________________________________Deputy Clerk
(Adopted February 2, 1993, effective July 1, 1993; amended February 26, 1997,effective July 1, 1997.)
(3) Publication.- – -Where service is to be made by publication, theSummons to be published shall be substantially as follows:
SUMMONSTo: [ Defendant’s Name]You have been sued by [Plaintiff’s Name], the Plaintiff, in theDistrict Court in and for [Name of County] County, Idaho, Case No.[Case No.].The nature of the claim against you is [nature of claim].Any time after 20 days following the last publication of this summons,the court may enter a judgment against you without further notice, unlessprior to that time you have filed a written response in the proper form,including the Case No., and paid any required filing fee to the Clerk ofthe Court at [address and telephone number of the clerk] and served a copyof your response on the Plaintiff’s attorney at [name, address, and phonenumber of Plaintiff’s attorney].A copy of the Summons and Complaint can be obtained by contactingeither the Clerk of the Court or the attorney for Plaintiff. If you wishlegal assistance, you should immediately retain an attorney to advise youin this matter.
Dated: __________________
[Name of County] County District CourtBy __________________, Deputy Clerk
(Amended March 9, 1999, effective July 1, 1999.)
Rule 4(c)(1). By whom served.Service of all process shall be made by an officer authorized bylaw to serve process, or by some person over the age of eighteen(18), not a party to the action. A subpoena may be served asprovided in Rule 45.
Rule 4(c)(2). Executing process.The officer or other person executing process need not have in hisor her possession the original process, summons, writ, order orsubpoena at the time of service of the document.(Adopted March 23, 1990, effective July 1, 1990.)
Rule 4(c)(3). Service of facsimile or telegraphic copy.Any summons, writ, order or other paper requiring service may betransmitted by facsimile machine process or telegraph and the copytransmitted may be served or executed by the officer or person towhom sent, and returned in the same manner, and with the sameforce, effect, authority and liability as the original. Theoriginal must be filed in the court from which issued.(Amended November 15, 1989, effective January 1, 1990.)
Rule 4(d)(1). Summons – Personal service.A copy of the complaint shall be served with the summons, exceptwhen the service is by publication as provided in Rule 4(e). Theplaintiff shall furnish the person making service with such copiesas are necessary. Service shall be made as follows:
Rule 4(d)(2). Service upon individuals.Upon an individual other than those specified in subdivision (3) ofthis rule, by delivering a copy of the summons and of the complaintto the individual personally or by leaving copies thereof at theindividual’s dwelling house or usual place of abode with someperson over the age of eighteen (18) years then residing therein orby delivering a copy of the summons and of the complaint to anagent authorized by appointment or by law to receive service ofprocess.
Rule 4(d)(3). Service upon infants and incompetents.Upon a minor less than fourteen (14) years of age, service shall beupon the guardian if one (1) has been appointed, and if there isnone then upon either the father or mother, and if neitherguardian, father or mother be found within the state then upon anyperson having the care and custody of such minor, and unless thecourt otherwise orders, also upon the minor, said service to be inthe manner set forth in subdivision (2) of this rule. Upon anincompetent person who has been judicially declared to be ofunsound mind or incapable of conducting the incompetent person’sown affairs, service shall be had upon the guardian if one (1) hasbeen appointed in this state, or if there is none by service upon acompetent adult member of the family with whom the incompetentperson resides, or if the incompetent person is living in aninstitution then upon the chief executive officer of theinstitution, or if service cannot be had upon any of them, then asprovided by order of the court, and unless the court otherwiseorders, also upon the incompetent. If any of the parties upon whomservice is directed to be made is a plaintiff, then service shallbe upon such other person as the court may designate.
Rule 4(d)(4). Service upon domestic or foreign corporations.(A) Upon a domestic or foreign corporation by delivering a copy ofthe summons and complaint to an officer, managing or general agent,or to any other agent authorized by appointment or by statute ofthis state to receive service of process, and upon a partnership orother unincorporated association which is subject to suit under acommon name, by delivering a copy of the summons and the complaintto an officer or the managing or general agent of the partnershipor association, or to any other agent authorized by appointment orby statute of this state to receive service of process. If serviceis upon a statutory agent, any statutory requirement as to thenumber of copies of summons and complaint to be served shall befollowed, and if such agent is a state official such service may bemade by registered or certified mail, and also, if the statute sorequires, by mailing a copy to the defendant.
(B) Whenever any foreign corporation which has qualified in thestate by filing with the Secretary of State or a domesticcorporation or association shall not have designated a personactually residing in the state upon whom service of process can bemade, or whenever such agent of a corporation shall resign, beremoved from office, or shall have died or shall have moved fromthe state, or if after due diligence neither the designated agentof the corporation nor any officer or managing agent of thecorporation can be found within the state, then service of anysummons and complaint against the corporation may be made by theparty serving the same by mailing copies of the summons andcomplaint by registered or certified mail to the corporationaddressed to its registered place of business and to the presidentor secretary of the corporation at the addresses shown on the mostcurrent annual statement filed with the Secretary of State. Serviceshall be complete upon such mailing by certified or registeredmail. The party or attorney serving the corporation under thisparagraph shall make a return certificate indicating compliancewith the provision of this rule and attaching a receipt of themailing.(Amended effective July 1, 1977; amended April 11, 1979, effectiveMay 1, 1979.)
Rule 4(d)(5). Service upon state, agencies or governmentalsubdivisions.Upon the state of Idaho, or any agency thereof, service shall bemade by delivering two (2) copies of the summons and complaint tothe attorney general or any assistant attorney general. Upon anyother governmental subdivision, municipal corporation, or quasi-municipal corporation or public board service shall be made bydelivering a copy of the summons and complaint to the chiefexecutive officer or the secretary or clerk thereof. In all actionsbrought under specific statutes requiring service to be made uponspecific individuals or officials, service shall be made pursuantto the statute in addition to service as provided above.(Amended effective July 1, 1977.)
Rule 4(d)(6). Receipt of service.In lieu of service upon an individual as provided above in thisrule, service may be accomplished by an acknowledged writtenadmission by the individual that the individual has receivedservice of process, stating the capacity in which such service ofprocess was received.
Rule 4(e)(1). Summons – Other service.Whenever a statute of this state provides for service of a summons,or of a notice, or of an order in lieu of summons, upon a party notan inhabitant of, or found within the state, or upon unknownpersons, service shall be made under the circumstances and in themanner prescribed by the statute. Personal service outside of thestate, when authorized by statute, shall be as provided by Rule4(d). Whenever the summons, notice or order is served bypublication it shall contain in general terms a statement of thenature of the grounds of the claim, and copies of the summons andcomplaint shall be mailed to the last known address most likely togive notice to the party.
Rule 4(e)(2). Service – Completion.Personal service within or without the state is complete on thedate of delivery; service by publication is complete upon the dateof the last publication.
Rule 4(f). Territorial limits of effective service.All process, other than a subpoena, may be served anywhere withinterritorial limits of the state and, when a statute or rule soprovides, beyond the territorial limits of the state. A subpoenamay be served as provided in rule 45.
Rule 4(g). Return.Proof of service of process shall be in writing specifying themanner of service, the date and place of service and unless theparty served files an appearance the return must be filed with thecourt:
(1) If service is made by a sheriff or deputy sheriff, or anypeace officer or court marshall, anywhere within the state ofIdaho, then by certificate of the officer indicating service asrequired by these rules.
(2) If service is by any person other than those specified in (1)above, then by affidavit of such person indicating the person isover the age of 18 years and service as required by these rules.
(3) If service is by mailing, not requiring proof of receipt, thenby affidavit of mailing by a person over the age of 18 years whomailed such service indicating the documents mailed and the dateand address to which they were mailed.
(4) If service is by certified or registered mail, then byaffidavit of a person over the age of 18 years who mailed suchprocess together with postal receipts indicating whether the personreceived the service of process by mail.
(5) If service is by publication, then by affidavit of thepublisher of the newspaper, or the publisher’s designated agentover the age of 18 years, stating the dates of publication andattaching a true copy of the publication.
(6) In lieu of any of the above, the party’s acknowledged writtenadmission that service of process was received, as provided by rule4(d)(6).
(7) The return of service shall list and identify all documentsserved.(Amended effective July 1, 1977; amended March 23, 1990, effectiveJuly 1, 1990; amended August 22, 1990, effective August 22, 1990.)
Rule 4(h). Amendment.At any time in its discretion and upon such terms as it deems just,the court may allow any process or proof of service thereof to beamended, unless it clearly appears that material prejudice wouldresult to the substantial right [rights] of the party against whomthe process issued.
Rule 4(i). Voluntary appearance.The voluntary appearance of a party or service of any pleading bythe party, except as provided herein, constitutes voluntarysubmission to the personal jurisdiction of the court. A motionunder Rule 12(b)(2), (4) or (5), whether raised before or afterjudgment, does not constitute a voluntary appearance by a partyunder this rule. The joinder of other defenses in a motion underRules 12(b)(2), (4) or (5) does not constitute a voluntaryappearance by the party under this rule. If, after a motion underRules 12(b)(2), (4), or (5) is denied, the party pleads further anddefends the action, such further appearance and defense of theaction will not constitute a voluntary appearance under this rule.(Amended March 31, 1978, effective July 1, 1978; amended April 11,1979, effective May 1, 1979; amended March 30, 1984, effective July1, 1984; amended June 15, 1987, effective November 1, 1987; amendedApril 19, 1995, effective July 1, 1995.)

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