Loading chat...

ID S1253

Bill

Status

Passed

3/21/2012

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Amends Section 5-508, Idaho Code to modify requirements for service by publication when a defendant resides outside the state, has departed, cannot be found despite diligence, or conceals themselves to avoid service.

  • Allows courts to order publication of summons based on affidavit or verified complaint showing that a cause of action exists against the defendant and that the defendant is a necessary or proper party to the action.

  • Eliminates the requirement that an affidavit setting forth grounds for service by publication must detail what efforts have been made or what diligence has been exerted in attempting to find the defendant.

  • Preserves existing provisions allowing service on persons, firms, companies, associations, or corporations subject to Idaho court jurisdiction pursuant to Sections 5-514 and 5-515, Idaho Code.

  • Declares an emergency, making the act effective immediately upon passage and approval.

Legislative Description

Amends existing law relating to service by publication to allow an affidavit to be used to show that a cause of action exists against the defendant in respect to whom service is made.

SERVICE BY PUBLICATION

Last Action

Governor signed Session Law Chapter 98 Effective: 03/21/12

3/21/2012

Committee Referrals

Judiciary and Rules1/25/2012

Full Bill Text

No bill text available