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Idaho Instructions on Filing Motion to Set Aside a Default Judgment on a Civil Infraction

State:
Idaho
Control #:
ID-CAO-CIVINFPI-INSTR-4-1
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PDF
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This official form is the instructions on filing a motion to set aside a default judgment on a civil infraction. In Idaho, there are two types of Instructions on Filing Motion to Set Aside a Default Judgment on a Civil Infraction: 1. Instructions for a Motion to Set Aside Default Judgment on a Civil Infraction in District Court: These instructions provide guidance on how to file a motion to set aside a default judgment on a civil infraction in an Idaho district court. The motion must be filed within twenty (20) days of the date of the default judgment, or the date the citation was received, whichever is later. The motion must include the citation number, the date of the default judgment, a statement of facts, a brief description of the grounds for setting aside the default judgment, and a proposed order. The motion must be personally served on the prosecutor and the court. 2. Instructions for a Motion to Set Aside Default Judgment on a Civil Infraction in Magistrate Court: These instructions provide guidance on how to file a motion to set aside a default judgment on a civil infraction in an Idaho magistrate court. The motion must be filed within twenty (20) days of the date of the default judgment, or the date the citation was received, whichever is later. The motion must include the citation number, the date of the default judgment, a statement of facts, a brief description of the grounds for setting aside the default judgment, and a proposed order. The motion must be served by mail upon the prosecutor and the court. In addition to filing the motion, the party filing the motion must also complete a Notice of Motion to Set Aside Default Judgment on a Civil Infraction and send it to the court, the prosecutor, and the other party involved in the civil infraction. The Notice must include the name and address of the court, the citation number, the date of the default judgment, and the date and time of the hearing on the motion. After the motion has been filed, the court will set a date for a hearing. The party filing the motion must appear in court on the date and time of the hearing. At the hearing, the court will hear arguments and evidence from both sides, and will then make a decision on whether to set aside the default judgment.

In Idaho, there are two types of Instructions on Filing Motion to Set Aside a Default Judgment on a Civil Infraction: 1. Instructions for a Motion to Set Aside Default Judgment on a Civil Infraction in District Court: These instructions provide guidance on how to file a motion to set aside a default judgment on a civil infraction in an Idaho district court. The motion must be filed within twenty (20) days of the date of the default judgment, or the date the citation was received, whichever is later. The motion must include the citation number, the date of the default judgment, a statement of facts, a brief description of the grounds for setting aside the default judgment, and a proposed order. The motion must be personally served on the prosecutor and the court. 2. Instructions for a Motion to Set Aside Default Judgment on a Civil Infraction in Magistrate Court: These instructions provide guidance on how to file a motion to set aside a default judgment on a civil infraction in an Idaho magistrate court. The motion must be filed within twenty (20) days of the date of the default judgment, or the date the citation was received, whichever is later. The motion must include the citation number, the date of the default judgment, a statement of facts, a brief description of the grounds for setting aside the default judgment, and a proposed order. The motion must be served by mail upon the prosecutor and the court. In addition to filing the motion, the party filing the motion must also complete a Notice of Motion to Set Aside Default Judgment on a Civil Infraction and send it to the court, the prosecutor, and the other party involved in the civil infraction. The Notice must include the name and address of the court, the citation number, the date of the default judgment, and the date and time of the hearing on the motion. After the motion has been filed, the court will set a date for a hearing. The party filing the motion must appear in court on the date and time of the hearing. At the hearing, the court will hear arguments and evidence from both sides, and will then make a decision on whether to set aside the default judgment.

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Idaho Instructions on Filing Motion to Set Aside a Default Judgment on a Civil Infraction