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Idaho Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Idaho on
Q: Can my things be moved into a storage unit without my permission & should I be required to pay the bill now?

Storing things in my father’s shed for about a year. 2 months after he passed my brother texted & said my stuff is now in storage & he paid the first months rent the rest is up to me. My mother, still living & was married to my dad still & who lives on the property where the shed... View More

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answered on May 29, 2024

Moving your belongings into a storage unit without your permission is generally not legal, especially if you did not agree to pay for the storage. Since your brother moved your items and paid for the first month without your consent, you should not be automatically responsible for the subsequent... View More

1 Answer | Asked in Civil Litigation, Internet Law, Civil Rights and Communications Law for Idaho on
Q: Installing custom firmware on public library computers.

I have a relative who works at a public library in Idaho. A patron was caught installing custom firmware on the public library computer, he was asked to leave and got aggressive, the police were called. The police told my relative that because no ones information was stolen yet, the patron... View More

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answered on Feb 5, 2024

If a patron was caught installing custom firmware on a public library computer, this action could potentially violate several laws or regulations concerning the misuse of public property, computer tampering, or unauthorized access to computer systems. Even if no personal information was stolen, the... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: My stepdad just broke my Xbox and my mom sold my other one, both of which I bought, do they need to pay for a new one
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answered on Dec 17, 2023

Yes, your parents should be responsible for replacing the Xbox consoles that you personally purchased and owned, which they broke and sold without your consent. Here are a few key reasons why:

• If a minor child buys property with their own money, they are the lawful owner. Parents do not... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Idaho on
Q: Do e-filed documents cause service delays for self-represented parties in Idaho cases?

I am self-represented in Idaho, handling a petition for modification, and there's an order for service by email. However, I consistently receive documents 2-3 days after the date stated on the certificate of service, with no updated certificate to reflect the actual service date. Their lawyer... View More

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answered on Oct 31, 2025

If you are self-represented and not enrolled in Idaho’s e-filing system, the opposing party’s attorney is still required to serve you promptly by the method ordered by the court. Under Idaho Rule of Civil Procedure 5, service by email must occur at the same time the document is filed, unless... View More

1 Answer | Asked in Family Law, Civil Litigation and Gov & Administrative Law for Idaho on
Q: Do I need to sign up for efiling in Idaho, or can I file in person? What about service compliance?

I'm representing myself in a modification family law case in Idaho. I prefer not to sign up for efiling, as advised by an outside source. The opposing attorney previously got a service violation order signed by the judge, claiming they served me when they hadn't. We now have an order for... View More

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answered on Oct 31, 2025

In Idaho, you are allowed to file documents in person with the clerk’s office if you choose not to use the efiling system. Self-represented parties are not required to efile, although most attorneys must do so. When you file in person, make sure you keep copies of your documents stamped... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Idaho on
Q: Could a NOH filing issue count as a second offense against my ex's lawyer, and how do judges view service issues?

I recently had a default judgment set aside due to improper service—a recognized offense number one against my ex's lawyer. Now, a separate issue has arisen: my ex's lawyer filed a Notice of Hearing (NOH) without a preceding motion, seemingly to prevent objections. The certificate of... View More

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answered on Oct 30, 2025

Yes, judges in Idaho—and in most jurisdictions—take service and filing issues seriously, especially when they appear to be repeated or intentional. Proper service is a cornerstone of due process, and every party in a case has the right to be properly notified of motions, hearings, and filings.... View More

1 Answer | Asked in Child Custody, Child Support, Civil Litigation, Civil Rights and Family Law for Idaho on
Q: Can a NOH be filed without a motion in Idaho and address false service?

I am dealing with a custody and child support modification case in Idaho where my ex's lawyer filed a notice of hearing (NOH) without an accompanying motion, and they inaccurately claimed in the certificate of service that it was emailed to me. I've filed an objection regarding the false... View More

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answered on Oct 28, 2025

In Idaho, a Notice of Hearing (NOH) must usually be tied to an existing motion, petition, or other pending matter before the court. Filing a NOH without a corresponding motion is generally improper because it provides no legal basis for the hearing. If your ex’s lawyer filed one without a motion,... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: Will "to whom it may concern" letters be accepted as evidence in a stalking hearing?

I am the respondent in a stalking protection hearing in Idaho. I plan to submit three "to whom it may concern" letters as evidence to prove there are odors in the house, addressing specific allegations made against me. None of the authors of these letters have any particular... View More

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answered on Oct 27, 2025

You should expect an Idaho judge to treat unsworn “to whom it may concern” letters as hearsay and either exclude them or give them little weight at a stalking protection‑order hearing. The court expects firsthand testimony under oath or a recognized hearsay exception, not generalized letters.... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Idaho on
Q: How can I access evidence my neighbor claims to have for stalking accusation?

I live in Idaho and have been accused of stalking by my neighbor, who claims to have evidence against me, though I don't believe this is true. Instances have occurred where, out of frustration, I have waved and verbally asked her not to videotape me outside my house. Now, she intends to obtain... View More

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answered on Oct 25, 2025

Start by using Idaho’s Public Records Act to request from your local police any reports, officer notes, dispatch audio, 911 calls, and body‑worn or dash‑cam footage tied to your address and this neighbor. That process gives you what the government holds; it does not force your neighbor to... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Civil Litigation and Civil Rights for Idaho on
Q: Can a neighbor brandish a firearm after a mental health crisis incident?

My 38-year-old daughter, who recently experienced a mental health crisis after her medication was discontinued, repeatedly took an old wagon and a yard sign from our neighbor’s yard despite prior warnings. Following the third incident, the neighbor gestured as if shooting a gun at her, and later... View More

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answered on Oct 17, 2025

This situation sounds incredibly stressful for both you and your daughter, especially as she’s recovering from a mental health crisis. In most states, it’s illegal for someone to brandish or threaten another person with a firearm unless they are acting in immediate self-defense. If your... View More

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Idaho on
Q: Can I set aside a default order in a custody/child support modification case in Idaho?

I am involved in a family law case concerning the modification of custody and child support. I was granted a default order on 10/2 because I was not served in good faith; the service attempt was picked up by the opposing lawyer instead. I have hearings scheduled: one for a service violation on... View More

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answered on Oct 16, 2025

It sounds like you’ve taken the right steps to protect your rights and present your case clearly. In Idaho, a court can set aside a default order if you can show that you were not properly served, that the order was entered unfairly, or that there is a valid reason for your failure to respond. If... View More

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Idaho on
Q: How can I set aside a custody/support order in Idaho due to unfair service?

I am representing myself in a custody and child support modification case in Kootenai County. The other party has a lawyer who reopened the case in May, claiming they served me during a weekend when I was unavailable. They eventually placed a notice in the newspaper and sought a default judgment... View More

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answered on Oct 16, 2025

You can ask the court to unwind this by filing a “Motion to Set Aside/Vacate for Insufficient Service and Lack of Notice,” together with a “Motion to Quash Service” and a request for an evidentiary hearing. Your core argument is due process; the court lacked personal jurisdiction because... View More

1 Answer | Asked in Consumer Law, Civil Rights and Civil Litigation for Idaho on
Q: Can I make my neighbor remove their surveillance camera?

I live in Idaho and my neighbor has installed a Doorbell Audio/Visual Recorder that captures our driveway and front door. This has impacted our daily activities as people are reluctant to speak with us on our property due to perceived surveillance, and it makes us uncomfortable. We’ve attempted... View More

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answered on Oct 12, 2025

It’s understandable that you feel uneasy knowing your neighbor’s camera is pointed toward your property, especially when it affects your sense of privacy and comfort at home. In Idaho, your legal options depend on whether the camera actually invades your **reasonable expectation of privacy**.... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Real Estate Law for Idaho on
Q: Can I legally have my neighbor remove an auto camera pointed at my townhouse in Idaho?

I am uncomfortable with my neighbor’s auto camera, which is pointed at my townhouse and can record both video and sound. Despite writing a letter to her, she has ignored my request to remove it. There have been previous disputes, and I have records of these incidents. The camera issue is not... View More

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answered on Oct 12, 2025

It’s understandable that you feel uncomfortable knowing your neighbor’s camera is pointed toward your home, especially given your prior disputes. In Idaho, as in most states, your ability to have the camera removed depends on whether it violates your **reasonable expectation of privacy**.... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Civil Litigation and Personal Injury for Idaho on
Q: How to address HOA CC&R discrepancies and health concerns in Idaho?

I purchased a home in Idaho that was described in the HOA's CC&R as one of two townhouses within a duplex structure. However, upon moving in, I discovered it is actually half of a duplex with shared wall space and plumbing. The purchase agreement did not mention that it was part of a... View More

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answered on Oct 9, 2025

It sounds like you’re dealing with both structural misrepresentation and serious health concerns, which makes the situation more complicated. In Idaho, the first step is to review your CC&Rs, property deed, and purchase documents together to confirm whether your property is legally defined as... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Idaho on
Q: Enforcing HOA Nuisance Violation in Idaho without penalties outlined in CC&R

I am the Managing Director of an HOA, and a member has been in violation of the Nuisance section of the CC&R for a year. Despite receiving letters and proof, she has not responded. While there have been formal complaints and documentation regarding this issue, the CC&R does not outline any... View More

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answered on Oct 9, 2025

It can be difficult to deal with a homeowner who ignores repeated violation notices, especially when your CC&Rs don’t specify clear penalties. In Idaho, even without outlined fines or penalties, the HOA still has the authority to enforce its covenants under general contract and property law.... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Idaho on
Q: Can I take legal action against an HOA Member for nuisance violations without support of another Director in Idaho?

I am the Managing Director of an HOA and am dealing with a situation where a Member is causing a nuisance by using fragrances and cleaning products that enter the neighboring side of a duplex, making the neighbor sick. I have sent letters to the Member regarding this violation, which falls under... View More

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answered on Oct 9, 2025

This situation can be frustrating, especially when you’re trying to uphold the HOA’s responsibilities fairly. In Idaho, the authority of a managing director or board member usually depends on what the HOA’s governing documents—like the bylaws and CC&Rs—say about decision-making. Most... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law, Employment Law, Gov & Administrative Law and Civil Litigation for Idaho on
Q: I need a legal strategy for my son's issues at Idaho Maximum Security Institution related to his rights and ongoing custody.

I hold Durable Power of Attorney for my son, an inmate at Idaho Maximum Security Institution. I urgently need a free consultation to discuss a unified legal strategy for addressing multiple violations related to his 2020 battery and domestic violence conviction, sentence, and ongoing custody.... View More

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answered on Sep 26, 2025

What you describe raises both post-conviction and civil rights issues, which may require a two-track strategy. Post-conviction relief could be considered if there is evidence that self-defense was disregarded, mental health factors were ignored, or prior records were improperly used at sentencing.... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Idaho on
Q: Legality of forced entry for writ execution without prior notice or resistance.

I am questioning the legality of law enforcement forcibly entering my residence to gain access to an outdoor building in the backyard to serve a writ of execution for the seizure of personal property. There was no prior notice given, and no resistance to their entry. This action followed a lawsuit... View More

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answered on Sep 8, 2025

When law enforcement is executing a writ of execution, they often have the authority to enter your property to seize the specified personal property, even without prior notice, depending on state law. This can include an outdoor building if the writ specifically identifies items there. Courts... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Idaho on
Q: Do I have the right to reclaim custody of my child from family in another state?

I live in Idaho and have full legal custody of my 11-year-old child, but she is with family in another state due to a past abusive relationship with her father. I am now stable with a well-paying office job, almost debt-free, and have a strong support system. I also have potential schooling options... View More

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answered on Jul 27, 2025

You have full legal custody in Idaho, so your child’s removal to another state without your consent is unlawful. Start by sending the relative holding your daughter a **written demand for immediate return**, citing your Idaho custody order and giving them a firm deadline (for example, 10 days) to... View More

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