Idaho Rules of Civil Procedure

Idaho's rules for serving a summons and complaint are in the Idaho Rules of Civil Procedure (I.R.C.P.), mainly Rule 4. The rules were rewritten in 2016, so older guides that cite Rule 4(a)(2) or a six-month deadline are out of date. Service by publication is covered by Idaho Code § 5-508.

Idaho doesn't license process servers. Any adult who isn't a party to the case can serve.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Idaho Supreme Court website or ask an attorney before relying on it.

Idaho process servers

• Become a process server in Idaho
• Hire a process server in Idaho

Quick facts: process serving in Idaho

• Who can serve: An officer authorized to serve process, or any person over 18 who isn't a party (I.R.C.P. 4(c)(2)).
• Licensing: Idaho has no state license or registration for process servers.
• Deadline to serve: Within 182 days after the complaint is filed, or the court must dismiss that defendant unless you show good cause (I.R.C.P. 4(b)(2)).
• Substituted service: Leave the papers at the person's home with someone 18 or older who lives there (I.R.C.P. 4(d)(1)(B)).
• Proof of service: A private server files an affidavit stating they're over 18 and how service was made (I.R.C.P. 4(g)(1)(B)).
• Time to respond: 21 days after service (I.R.C.P. 12(a)(1)(A)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Idaho. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

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Do you need a license to serve process in Idaho?

No. Idaho has no statewide license, registration or certification for process servers. Under I.R.C.P. 4(c)(2), anyone over 18 who isn't a party can serve a summons and complaint. For a step-by-step guide, see Become a Process Server in Idaho.

How to serve a summons in Idaho

The summons must be served with a copy of the complaint, except in service by publication (I.R.C.P. 4(c)(1)).

Personal service: I.R.C.P. 4(d)(1)(A)

The server hands the summons and complaint directly to the person being served. Personal service is complete on delivery (I.R.C.P. 4(e)(2)).

Abode service: I.R.C.P. 4(d)(1)(B)

The server can leave copies at the person's dwelling house or usual place of abode with someone at least 18 years old who lives there.

Service on an agent: I.R.C.P. 4(d)(1)(C)

The papers can be delivered to an agent authorized by appointment or by law to accept service for the person.

Minors and incompetent persons: I.R.C.P. 4(d)(2)

For a child under 14, serve the guardian, or a parent or the person with custody if there's no guardian. For an incompetent person, serve the guardian, or a competent adult family member who lives with them. In both cases, the person themselves must also be served unless the court orders otherwise.

Written acknowledgment: I.R.C.P. 4(d)(5)

Instead of being served, the person can sign an acknowledged written admission that they received the papers, stating the capacity in which they received them.

Service outside Idaho: I.R.C.P. 4(e)(1)

When a statute allows service outside the state, such as Idaho's long-arm statute (Idaho Code § 5-514), it's made the same way as personal service in Idaho.

Service by publication: Idaho Code § 5-508

If the person lives outside Idaho, has left the state, can't be found after due diligence, or is hiding to avoid service, the court can order the summons published. The request needs an affidavit showing those grounds (Idaho Code § 5-508). The published notice must state the general nature of the claim, and copies of the summons and complaint must also be mailed to the person's last known address (I.R.C.P. 4(e)(1)(C)). Service is complete on the date of the last publication. See What is service by publication?

Serving businesses and other entities

• Corporations, partnerships and associations (I.R.C.P. 4(d)(3)(A)): Serve an officer, a managing or general agent, or an agent authorized to receive service. Registered agents are listed in the Idaho Secretary of State business search.
• When the registered agent can't be found (I.R.C.P. 4(d)(3)(C)): Service can be made by registered or certified mail to the registered office and to the president or secretary, at the addresses on the latest annual report filed with the Secretary of State. Service is complete on mailing.
• State of Idaho and state agencies (I.R.C.P. 4(d)(4)(A)): Deliver two copies of the summons and complaint to the attorney general or an assistant attorney general.
• Counties, cities and other local government (I.R.C.P. 4(d)(4)(B)): Deliver a copy to the chief executive officer, secretary or clerk.

Serving a subpoena in Idaho

Anyone 18 or older who isn't a party can serve a subpoena by delivering a copy to the person. If the subpoena requires the person to attend, the server must tender one day's witness fee and the mileage allowed by law, if the person asks for it. No tender is needed when the subpoena is issued for the State, the attorney general or a prosecuting attorney. A private server proves service with an affidavit stating the date and manner of service and who was served (I.R.C.P. 45(b)).

Proof of service: I.R.C.P. 4(g)

Proof of service must be in writing and identify the papers served and the manner, date and place of service. Unless the person served appears in the case, it must be filed with the court.

• Sheriff, deputy or peace officer: a certificate of service.
• Private server: an affidavit stating the server is over 18 and how service was made.
• Certified or registered mail: an affidavit with the postal receipts.
• Publication: an affidavit of the publisher with the dates and a copy of the notice.

An "affidavit" under the rules includes a written declaration under penalty of perjury made under Idaho Code § 9-1406, so a private server's proof doesn't have to be notarized (I.R.C.P. 2.7).

Hire an Idaho process server

Find process servers in Boise, or browse the Idaho process server directory.

More Idaho resources

• Become a Process Server in Idaho
• Courts in Idaho
• Idaho Rules of Civil Procedure, Rule 4 (Idaho Supreme Court)
• Idaho Code § 5-508 (Idaho Legislature)

This page is a general overview of Idaho law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.