Is it proper under Idaho rules for a plaintiff to personally serve defendant or defendant's attorney?
Full Question:
I'm confused about the difference between service of process and the service of motions and other pleadings after the initial case is filed and properly served in Idaho. Specifically, is it proper under Idaho rules for a plaintiff to personally serve (as opposed to hiring a process server to serve) defendant or defendant's attorney by mail or in person, pleadings and motions and other papers after the summons and copy of complaint are properly filed and served? The Idaho Rules of civil procedure are available online at: http://www.isc.idaho.gov/rules/civilidx.htm rules 4 and 5 appear to be relevant.
12/01/2010 |
Category: Civil Actions ยป Service |
State: Idaho |
#23746
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
Your reading of Rules 4 & 5 is the same as mine. Summons and complaint served by a process server or someone over 18 not a party to the action. Everything else following that can be handed to the defendant's attorney (or defendant, if no attorney) by anyone, or mailed.