The Idaho Motion and Affidavit to Retain is a legal form used in the state of Idaho to allow a party to retain a lawyer or other qualified professional to represent them in a case. This form is typically used when a party is unable to afford the cost of representation, and can request that the court order the opposing party to pay the cost of the attorney's fees. There are three different types of Idaho Motion and Affidavit to Retain: 1. Motion and Affidavit to Retain Counsel: This form allows a party to request that the court order the opposing party to pay the cost of the attorney's fees. 2. Motion and Affidavit to Retain an Expert: This form allows a party to request that the court order the opposing party to pay the cost of an expert witness. 3. Motion and Affidavit to Retain a Guardian ad item: This form allows a party to request that the court order the opposing party to pay the cost of a guardian ad item, a person appointed by the court to represent the interests of a minor or other person who is unable to represent themselves.
Idaho Motion and Affidavit to Retain
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Subject to Rules 73, and 77(e) and any applicable statute, the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared.
An order for dismissal is a bar to any other prosecution for the same offense if it is a misdemeanor, unless the order of dismissal is due to the defendant's agreement to participate in a diversion program pursuant to Idaho Code § 19-3509, in which case the action may be refiled for failure to complete the diversion
In felony cases, motions under Rule 12(b) must be brought on for hearing within 14 days after filing or 48 hours before trial, whichever is earlier. The court may shorten or enlarge the time and, for good cause shown or for excusable neglect, may relieve a party of failure to comply with this rule.
Idaho Rules of Civil Procedure Rule 72. Order to Show Cause. (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.
"A court may grant a motion to dismiss for failure to state a claim under Rule 12(b)(6) only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief." Harper v. Harper, 122 Idaho 535, 536, 835 P.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
Small Estate Affidavit When a person dies, an affidavit may be used if he or she did not own real estate and had personal property with a net value of less than $100,000. The affidavit allows a successor to collect any property, money or other items owed to the deceased.