Idaho Service of Process Rules
Idaho
State Serve Rules
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
y (if 14+ incapacitated ind also)
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes (process server has to schedule service; sheriff does not)
Service to a minor
y (if 14+minor also)
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, (chief executive officer, secretary or clerk)
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
18+ (at usual residence)
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
Personal or subservice only
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
n/a
Mail if subserve
No
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
Not Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** Service of all process shall be made by an officer authorized by law to serve process, or by some person over the age of 18, not a party to the action. A subpoena may be served as provided in Rule 45. The officer or other person executing process need not have in his or her possession the original process, summons, writ, order or subpoena at the time of service of the document.
**Personal Service, Individuals.** …by delivering a copy of the summons and complaint to the individual personally.
**Substituted.** By leaving copies thereof at the individual’s dwelling house or usual place of abode with some person over the age of 18 years then residing therein or by delivering a copy… to an agent authorized by appointment or by law to receive service of process. In lieu of service upon an individual as provided above in this rule, service may be accomplished by an acknowledged written admission by the individual that the individual has received service of process, stating the capacity in which such service of process was received.
**Corporations.** Upon a domestic or foreign corporation by delivering a copy of the summons and complaint to an officer, managing or general agent, or to any other agent authorized by appointment or by statute of this state to receive service of process…
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: 1) service upon infants and incompetents…and 2) service upon state, agencies…
**Return of Service.** Proof of service shall be in writing specifying the manner of service, the date and place of service and unless the party served files an appearance the return must be filed with the court. If service is by any person other than a sheriff, a peace officer or court marshal, then by affidavit of such person indicating the person is over the age of 18 years and service as required by these rules.
