Does a process server have to be licensed in Idaho?
Idaho Process Server Licensing Requirements:
A Subpoena may be served by an officer authorized by law to serve process or by any other person who is not a party and is not less than eighteen (18) years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by giving or offering to the person at the same time, if demanded, the fees for one (1) day’s attendance and the mileage allowed by law, except that no prepayment tender of fees and mileage shall be necessary to witnesses subpoenaed by the attorney general or any prosecuting attorney on behalf of the state. When the subpoena is issued on behalf of the state or an officer or agency thereof, fees and mileage need not be tendered. When service is by an officer it must be returned with the officer’s certificate of service, and when served by any other person it must be returned with an affidavit of such person of its service. (Amended July 2, 1976, effective October 1, 1976; am. effective July 1, 1977.)
Idaho Process Serving Laws to Note:
If a service of a summons is not made upon a defendant within six (6) months after the filing of the complaint, the action shall be dismissed.
Idaho Rules of Civil Procedure:
Please note that lobbyists are active in the state of Idaho and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Idaho Judiciary and Courts.
Rule 4(a). Process – Summons – Issuance – Time limits.
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©. 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 (c) Process
(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.
(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.)
(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) Personal Service
(2) Service upon individuals.
... by delivering a copy of the summons and 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... to an agent authorized by appointment or by law to receive service of process.
(3) Service upon infants and incompetents...
(4) Service upon ... corporations.
Upon 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...
(5) Service upon state, agencies...
(6) Receipt of service.
In lieu of service upon an individual as provided above in this rule, service may be accomplished by 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 (g) Return.
Proof of service 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 any peace officer or court marshal, anywhere within the state of Idaho, then by certificate of the officer...
(2) If service is by any person other than those specified in (1) above, then by affidavit of such person indicating that the person is over the age of 18 years and service is 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...
(4) If service is certified or registered by mail, then by affidavit of a person over the age of 18 years who mailed such process together with postal receipts...
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 to be amended, unless it clearly appears that the material prejudice would result to the substantial rights of the party against whom the process issued.
You should contact an Idaho Process Server if you have specific questions about Process Serving in Idaho.