The Advancing J ustice Committee is recommending two amendments to the Idaho Civil Rules of

Procedure. The Advancing J ustice Committee is charged with making recommendations that will
assist the Idaho Courts in providing timely, fair, and impartial case resolution. It does so by
identifying opportunities to reduce unnecessary delay in case processing and enhance procedural
fairness for litigants, including amendments to court rules and processes.

Comments may be sent to Taunya J ones at tjones@idcourts.net by February 26, 2014.


IRCP 56: Revisions Recommended by Advancing Justice Committee

Rule 56(a). Summary J udgment- For Claimant.

A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory
judgment may, at any time after the expiration of twenty (20) days from the service of process
upon the adverse party or that party's appearance in the action or after service of a motion for
summary judgment by the adverse party, move with or without supporting affidavits for a
summary judgment in that party's favor upon all or any part thereof. Provided, a motion for
summary judgment must be filed at least 6090 days before the trial date, or filed within 7 days
from the date of the order setting the case for trial, whichever is later, unless otherwise ordered
by the court.

Rule 56(b). Summary J udgment - For Defending Party.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment
is sought may, at any time after a responsive pleading is filed, move with or without supporting
affidavits for a summary judgment in that party's favor as to all or any part thereof. Provided,
a motion for summary judgment must be filed at least 6090 days before the trial date, or filed
within 7 days from the date of the order setting the case for trial, whichever is later, unless
otherwise ordered by the court.

Rationale for the suggested rule change: The primary purpose of this rule change is to ensure
efficient use of court time and parties time and costs in preparing for trial and in line with
I.R.C.P. 1s goal to secure an inexpensive determination of every action and proceeding.

Under the old rule, if motions for summary judgment are filed 60 days before trial, it is likely
that the Court will be unable to make a ruling in advance of the trial and/or the pretrial
deadlines (see chart below for reference). Thus, the parties (and the Court) will be preparing for
trial unnecessarily should summary judgment be granted thereby increasing the time and costs
incurred by the parties.

By moving the deadline to 90 days prior to trial, a ruling is likely to be made 30 days prior to
trial, giving the parties, in most cases, sufficient time to prepare for trial and comply with
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pretrial deadlines [note: this assumes the pretrial deadlines wont be set more than 30 days, and
preferably 21 days, prior to trial].


IRCP 16 Revisions Recommended by Advancing Justice Committee

Rule 16(a). Scheduling Conferences and Scheduling Orders.

A scheduling conference shall be held within 30 days after an answer or notice of appearance is
filed. When one or more defendants have been served, but no appearance has been made, a
scheduling conference or status conference shall be set no later than three months after a
complaint is filed. Except in cases found by order of the court as inappropriate, the district judge
or magistrate, after consulting with the attorneys for the parties and any unrepresented parties, by
a scheduling conference, shall enter a scheduling order that:
(1) Limits the time: to join other parties and amend the pleadings; to file and hear
dispositive motions; to complete discovery; and, to disclose expert witnesses and the substance
of their anticipated testimony; and
(2) Sets dates for other conferences, including pre-trial conference(s) and a trial date,
unless good cause exists for not setting a trial date. Attorneys are responsible for maintaining
their availability for the trial date set.
(3) Appoints a special master under Rule 53 to assist the parties in the management of
any discovery provided for in the Idaho Rules of Civil Procedure, where appropriate;
(4) Sets a date certain for ADR to be completed as appropriate; and
(5) Addresses any other matters appropriate in the circumstances of the case.

The scheduling order shall be issued as soon as practical. The deadlines set forth with respect to
section (1) above shall not be modified except by leave of the district judge or magistrate upon a
showing of good cause or by stipulation of all the parties and approval of the court. The
deadlines set forth with respect to section (2) above shall not be modified except by leave of the
district judge or magistrate upon a showing of good cause.

Rule 16 (b). Final pre-trial procedure.

A final pre-trial conference shall be held at least thirty (30) days before trial and the court may
direct the attorneys for the parties, or any party appearing without an attorney, to submit a pre-
trial memorandum containing substantially the information enumerated in subsection (1) of this
rule and to appear before it for a conference. At least one of the attorneys for each party
participating in any final pre-trial conference shall have authority to enter into stipulations and to
make admissions regarding all matters that the participants reasonably anticipate may be
discussed.

(1) Subjects to be discussed. The participants at a pre-trial conference under this rule shall
consider and may take action with respect to:

(A) the status of mediation;

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(B) the formulation and simplification of the issues to be presented at trial, including the
elimination of claims or defenses;

(C) the necessity or desirability of amendments to the pleadings pursuant to Rule 15(b);

(D) the possibility of obtaining admissions of fact and stipulations regarding the
authenticity of documents which will avoid unnecessary proof, and advance rulings from
the court on the admissibility of evidence;

(E) the avoidance of unnecessary proof and of cumulative evidence;

(F) the identification of witnesses and documents;

(G) the need and schedule for filing and exchanging pre-trial briefs, and the date or dates
for further pretrial conferences, if needed;

(H) the disposition of pending motions;

(I) the need of an interpreter as provided in Idaho Court Administrative Rule 52 for any
party or witness;

(J ) the identification of issues related to proposed jury instructions and jury selection; and

(K) such other matters as may aid in the disposition of the matter.

(2) Stipulations. No later than three (3) days prior to the date set for the final pre-trial conference
all parties to an action may file a written stipulation regarding any matter to be discussed at the
conference.

(3) Order. The court shall enter a written pre-trial order which recites the action taken at the
conference, the amendments allowed to the pleadings, and the agreements made by the parties as
to any of the matters considered, and which limits the issues for trial to those not disposed of by
admissions or agreements of counsel; and such order when entered controls the subsequent
course of the action, unless modified at the trial to prevent manifest injustice. The court shall
promptly cause copies of the signed pre-trial order to be served on all parties or their attorneys of
record in the action.
.
(4) Objections to Pre-trial Order. Any party to an action may file written objections to a pre-trial
order within 14 days from date of service, which objections shall be heard prior to trial in the
same manner as a motion under these rules.

Explanation: Sections (a) through (g) of IRCP 16 were reorganized and consolidated to remove
duplicate language and add clarity. Rule 16 (a), on scheduling and planning, as amended,
includes what is currently contained in 16(b) with some changes, especially the addition in
subsection (1) on when it is to be held. Rule 16(b), as amended, combines current Rules 16, (a),
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(c) and (d) on objectives, subjects to be discussed and final procedures as well as part of (e) on
stipulations, (f) on pretrial order, and (g) on objections to pre-trial order.

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