Responding to a Claim of Late Discovery Service in an Idaho Case

Attorney Answer

No — do not wait for trial. File a written response with your email proof before the hearing on his motion, or the court will decide the issue without ever seeing what you have.

Idaho R. Civ. P. 7(b)(3) sets the deadline: affidavits opposing a motion, and opposing memoranda or briefs, must be filed with the court and served so that they are received by the other parties at least 7 days before the hearing. Time is computed under Idaho R. Civ. P. 2.2 — exclude the day that triggers the period, count intermediate weekends and holidays, and roll a deadline that falls on a weekend or legal holiday to the next business day. A motion is resolved on the papers filed by that deadline and whatever argument the judge permits at the hearing. Evidence you hold back for trial arrives after the question has already been decided.

Before you file, check one thing that could decide the whole dispute. Idaho R. Civ. P. 5(b) governs service of papers after the original complaint, including interrogatories. The permitted methods include handing the paper to the person, leaving it at the office or dwelling, mailing it to the last known address (with service complete upon mailing), sending it by electronic means where the person has consented in writing (service complete upon transmission, but ineffective if the serving party learns it did not reach the recipient), facsimile, or another means consented to in writing. Where a party is represented, service must be made on the attorney unless the court orders otherwise.

The operative words are "consented in writing." An email showing you sent the interrogatories on a particular date establishes timely service only if email service was consented to in writing, or if you are both on the court's electronic filing and service system. If neither is true, the timestamp proves you sent something — but not that you served it under Rule 5(b). Find out which situation you are in before you build your response around the email, because it determines whether your answer is "I served you on time" or "we agreed to email service and here is the proof."

What you can do

1. Read the motion and the notice of hearing, and calendar the hearing date with a reminder. Missing it is far more damaging than any argument you could make at it. Your entire schedule runs backwards from it. 2. Compute your deadline under Idaho R. Civ. P. 2.2: your opposing memorandum and affidavit must be received at least 7 days before the hearing under Rule 7(b)(3). Work out the date today, not the day before. 3. Determine your service basis. Look for written consent to electronic service, a stipulation, a scheduling order provision, or the parties' registration on the court's e-service system. Whichever it is, quote it in your response. 4. Print the email with full headers — sender, recipient, date and time sent, subject line, and the attachment names. A forwarded copy without headers is much weaker than the original with them. 5. Prepare a short affidavit or declaration: sworn, first person, stating what you sent, to which address, on what date and time, and attaching the email and the certificate of service as exhibits. Facts only, no argument. 6. Put your argument in the memorandum, not the affidavit: cite Rule 5(b), state the method used and the basis for it, and state what relief you want — denial of the motion. 7. File and serve so that everything is received by the deadline, and check any local district rules and the assigned judge's scheduling order, which can shorten or add to the requirements in Rule 7(b)(3).

⏱ Time limits apply. Idaho R. Civ. P. 7(b)(3) requires your opposing memorandum and affidavits to be received at least 7 days before the hearing, computed under Idaho R. Civ. P. 2.2, and local rules or the judge's scheduling order can change that. Exactly when yours falls depends on the hearing date set in the notice you received.