Idaho Unlawful Detainer Court Process: The 12-Day Trial, Service and Default
An Idaho eviction case moves fast: the court sets the trial within 12 days of filing and the tenant must be served at least 5 days before. Here is how the complaint, the trial, a default and a continuance work.
How does the case start?
The landlord files a verified complaint in the district court (6-305, 6-318). In an action only for possession of 5 acres or less for nonpayment of rent, it is enough to state a description of the premises, that the defendant is in possession, entered and holds the premises and is in default of rent, that all required notices were served in the required manner and that the plaintiff is entitled to possession (Idaho Code 6-310(1)).
How fast is the trial?
At the time the summons issues, the court schedules a trial within twelve days of the filing, and the summons, complaint and notice of the trial setting must be served on the defendant not less than five days before the trial (6-310(2)). If the plaintiff combines a damages claim with the possession claim, the early trial rule does not apply (6-311E). The Idaho eviction timeline calculator shows the window.
What if the tenant does not appear?
If at the time appointed the defendant does not appear and defend, the court must enter the default and render judgment for the plaintiff as prayed for in the complaint (6-312). Read the notice of the trial setting and appear on that date.
Who decides?
In a nonpayment possession case the court tries the action without a jury. If it finds the complaint true, or on a default, it renders a general judgment for restitution of the premises and costs; if it finds it true in part it orders restitution of that part only (6-311A). An action for damages is not barred (6-311A).
Can the tenant get more time?
A continuance may not be granted for more than 2 days unless the defendant gives an undertaking with good and sufficient security, approved by the court, for the rent that may accrue if judgment is rendered against the defendant (6-311).
What defenses can a tenant raise?
Payment, a defective notice, or a failure to serve the required notices. The complaint and the answer must be verified (6-318). Ask legal aid or a licensed Idaho attorney about your facts; the early trial leaves little time. The prevailing party gets attorney fees if the 3-day notice said so (6-324).
How a tenant protects their position
Do not ignore the summons: the trial is only days away and a tenant who does not appear is defaulted. Note the date you were served, bring the lease, the notice, rent receipts and photographs, and call legal aid or a licensed Idaho attorney the same day.
What each side should bring
A tenant should bring the lease, the notice, receipts or bank records and any messages with the landlord. A landlord should bring the lease, the notice with proof of service and a ledger of the rent. The Idaho eviction timeline calculator helps both sides check that the dates add up.
What the landlord must prove
The landlord must show that it is entitled to possession and that every notice the law requires was served in the required manner. For nonpayment it must show the rent is in default and the amount. A defective notice is the most common ground for a tenant to win, which is why a landlord should keep proof of how and when it served each paper.
Where to get help
The district court clerk can explain the forms and the filing fee, and legal aid or a licensed Idaho attorney can help prepare for a trial that is only days away. Bring the lease, the notice and the summons.
Frequently asked questions
How long does a tenant have before the trial in Idaho?
The summons and trial notice must be served at least 5 days before a trial set within 12 days of filing.
What if the tenant does not appear?
The court enters a default and judgment for the landlord.
Is there a jury in an Idaho nonpayment case?
No. A nonpayment possession case is tried by the court without a jury.
Can a tenant get a continuance?
Up to 2 days, or longer with an undertaking for the rent.
Where are Idaho eviction cases heard?
In the district court of the county where the property is.
Official sources
- Idaho Code 6-310: action for possession; complaint; summons
- Idaho Code 6-316: judgment; restitution
- Idaho Code Title 6, Chapter 3 (full text)
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.