Rule 72.Order to show cause

Title IX: Provisional and Final Remedies · Last amended July 1, 2016 · Last verified July 14, 2026

In one sentenceRule 72 sets out how a party applies for an order to show cause, requiring the opposing party to appear in court and explain why they should not be ordered to do or stop doing something, or to pay money.

Full Text of Rule 72

Text sizeJump to: (a) (b)

(a) Procedure. An application for an order to show cause must be by verified complaint, or accompanied by an affidavit, stating the facts and grounds on which the application is based. If the court finds that an application makes a prima facie showing for an order commanding a person to do or refrain from doing specific acts or to pay a sum of money, the court must enter an order to show cause to the opposing party to comply with the request or show cause before the court at a time and place certain why the order should not be entered. An order to show cause must be served on the party to whom it is directed, or the party's attorney of record in the action, at least 7 days before the date of the show cause hearing in the same manner as a notice for hearing of a motion. If the party to whom the order to show cause is directed opposes the entry of the order, the court must hear the show cause proceeding. Any proceeding for contempt must be brought pursuant to Rule 75.

(b) Notice of intent to present evidence and duty to produce designated person.

(1) Any party may elect to produce testimony and evidence at the hearing, or to cross-examine the adverse party and affiants by giving notice to the court and the adverse party at least 24 hours before the hearing. The notice must designate the persons sought to be cross-examined. The party against whom relief is sought must be given written notice of the requirements of this subdivision when served with the order to show cause.

(2) If a party timely gives notice of the intent to cross-examine, the adverse party must have the persons designated in the notice present at the hearing, unless otherwise ordered by the court. If the adverse party or the party's affiants are not excused by the court and fail to appear as requested in the notice, the court may impose sanctions including awarding attorney fees to the requesting party.

End

Amendment History

(Adopted March 1, 2016, effective July 1, 2016.)

Plain-English Summary

An order to show cause is a way to get a fast hearing before the court orders someone to act, or pay, or refrain from something. Rule 72 requires the applicant to back the request with a verified complaint or an affidavit laying out the facts and grounds. If the court finds a prima facie case, it enters an order directing the other side either to comply or to show up and explain why the court should not enter the order. That order must be served at least seven days before the hearing, the same way a motion notice would be served.

The rule also protects a party’s right to test the other side’s evidence. Anyone who wants to present live testimony or cross-examine the opposing party and their affiants must give notice at least 24 hours before the hearing and name the people they want to question. Once that notice goes out, the other side has to produce those people at the hearing, unless the court excuses them — and failing to do so can bring sanctions, including attorney fees. Note that Rule 72 is not the vehicle for contempt; proceedings must go through Rule 75 instead.

Frequently Asked Questions

What does an order to show cause require the other party to do?

Either comply with what the applicant is asking for, or appear in court at a set time and place and explain why the order should not be entered.

What has to support the application?

A verified complaint, or an affidavit stating the facts and grounds the request is based on. The court must find a prima facie showing before it will enter the order.

How much notice does the opposing party get?

The order to show cause must be served at least seven days before the hearing date, in the same manner as notice of a motion hearing.

How does a party arrange to cross-examine witnesses at the hearing?

By giving notice to the court and the other side at least 24 hours before the hearing, naming the specific people to be cross-examined. The other side must then produce those people unless the court excuses them.

Can Rule 72 be used to start a contempt proceeding?

No. The rule says any contempt proceeding must be brought under Rule 75, which has its own separate procedure.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source

Also known as: order to show cause idahoshow cause hearingmotion to show causecross examine affiant idahoshow cause vs contempt