Responding to an Idaho complaint: 21 days, and notice before the default is even entered

Idaho uses the federal 21 days and the federal structure. Where it departs is at the default stage, and the departure favours defendants: in most states the first notice you get is after the default is entered. Idaho requires three days' warning before it.

The deadline

I.R.C.P. 12(a)(1):

Unless another time is specified by rule or statute, the time for serving a responsive pleading is as follows: (A) a defendant must serve an answer within 21 days after being served with the summons and complaint; (B) a party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim; (C) a party must serve a reply to an answer 21 days after being served with an order to reply, unless the court specifies a different time.

Twenty-one days throughout, and the obligation is to serve.

After a motion, Rule 12(a)(2):

Unless the court sets a different time, serving a motion under this rule alters these periods as follows: (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; or (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

Three days' notice before entry

I.R.C.P. 55(a)(1):

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the court must order entry of the party's default. If a party has appeared in the action, that party must be served with 3 days' written notice of the application for entry of default before default may be entered.

That last sentence is the one to know, and it is unusual in two ways.

The notice comes before entry, not before judgment. Federal Rule 55 and most state versions give an appearing party seven days before a default judgment but nothing at all before the clerk enters the default. Idaho moves the protection one step earlier.

And the court orders entry, not the clerk. Idaho routes even the entry of default through a judge.

The practical consequence is the same as everywhere, only stronger: appearing is cheap and it buys you warning. In Idaho, an appearance means you should see the default coming three days out, with time to file something.

Default cannot be taken early

I.R.C.P. 55(a)(2)(A):

Default may not be entered, and proof of default may not be presented, before the expiration of the time allowed by these rules for appearance or defense.

An obvious point, stated expressly, and worth checking against the docket if a default was taken against you. Count the days.

There is one route around it, in Rule 55(a)(2)(B), and it requires the defaulting party's own cooperation: default may be entered earlier where that party states in a written waiver under oath that they waive the time for appearance, refuse to plead further and consent to an immediate default proceeding, and the court enters an order shortening the time for good cause shown. In other words, early default happens only if you agree to it in a sworn document.

Answering, or moving

Rule 12(b) lists the defences a party may assert by motion:

(1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim …

Serving one of these motions suspends the answer deadline under Rule 12(a)(2) rather than running alongside it, and consolidation and waiver work on the federal model — a defence available when you made your first motion and left out of it is generally gone.

Conversion applies too: outside material presented on a failure-to-state-a-claim motion, and not excluded, turns it into a motion for summary judgment.

How Idaho compares

A short checklist

1. Calendar 21 days from service, and note the obligation is to serve your answer.
2. Appear if you are going to defend. An appearance earns you three days' written notice before any default can be entered — a protection most states do not give at all.
3. A Rule 12 motion suspends the answer deadline, and a denial leaves you 14 days from notice.
4. Raise your Rule 12 defences together. An available defence omitted from the first motion is generally foreclosed.
5. Watch for conversion if outside evidence is presented on a failure-to-state-a-claim motion.
6. If a default was entered against you, count the days. It cannot be entered before the time for appearance or defense has expired.
7. And check for the three-day notice if you had appeared. Its absence is a defect worth raising.
8. Move promptly — relief from an entry of default is easier than relief from a judgment under Rule 60.

Where these rules live

• I.R.C.P. 4 — Summons
• I.R.C.P. 5 — Serving and filing pleadings and other papers
• I.R.C.P. 8 — General rules of pleading
• I.R.C.P. 12 — Defenses and objections
• I.R.C.P. 15 — Amended and supplemental pleadings
• I.R.C.P. 55 — Default; default judgment
• I.R.C.P. 60 — Relief from a judgment or order

This page explains what the rules say. It isn't legal advice, and the good-cause standard for setting aside a default is developed in case law this site doesn't cover.