Noncompliane with Idaho Rules of Civil Procedure

[Rooty1]

What is the name of your state (only U.S. law)? Idaho

Plaintiff's Complaint and Summons do not conform to Idaho's Rules of Civil Procedure:

They are not double-spaced;

The left hand side margin on the Summons is less than the required one inch;

Following plaintiff's name, there is less than the required four inches before the title of the court appears;

Plaintiff's name, address and telephone number is printed above the title of the court left of the center but begins less than the mandated two inches below the top edge thereof;

Plaintiff's handwritten exhibits (submitted at the time of filing) are not accompanied by the mandated typewritten duplicates; and

Plaintiff''s paragraphs are not numbered in violation of Rule 10(b).

Can the Defendant file a Motion to Dismiss the complaint based on these Plaintiff mistakes?

 

[latigo]

What is the name of your state (only U.S. law)? Idaho

Plaintiff's Complaint and Summons do not conform to Idaho's Rules of Civil Procedure:
They are not double-spaced;
The left hand side margin on the Summons is less than the required one inch;
Following plaintiff's name, there is less than the required four inches before the title of the court appears;
Plaintiff's name, address and telephone number is printed above the title of the court left of the center but begins less than the mandated two inches below the top edge thereof;
Plaintiff's handwritten exhibits (submitted at the time of filing) are not accompanied by the mandated typewritten duplicates; and
Plaintiff''s paragraphs are not numbered in violation of Rule 10(b).

Can the Defendant file a Motion to Dismiss the complaint based on these Plaintiff mistakes?

Yes, the defendant can "file a Motion to Dismiss" on grounds that the layout of the complaint doesn't comform with ICRP Rule 10(1)(a).

But it will be denied simply because noncompliance with Rule 10(1)(a) is not a defense or objection listed in Rule 12(b).

Plus there is Rule 8(f). “Construction of pleadings. All pleadings shall be so construed as to do substantial justice.” And the maxim that substance controls over form.

So I suggest that you timely respond to the pleading either by motion or answer asserting such recogizable defenses and objections that you may have. Then let the court deal with formulaic issues and the clerk that permitted its filing.

 

[Rooty1]

Non compliance with Idaho Rules of Civil Procedure

Got it, thank you so very much!