RULE 4. FILING AND SERVICE

A. Generally.

Documents, including Complaints and Answers, required by these rules, to be filed or served shall be filed or served as a PDF (*.pdf) email attachment whenever possible. All filings via email shall be sent to the Commission at efiling@iic.idaho.gov. For any document filed with the Commission by email, an original document is not required, although service on opposing parties must be accomplished the same day as filing, unless otherwise specified by these rules. Service of documents by email to represented parties shall be to the email address for electronic service of notices and orders that the party’s attorney has provided to the Idaho State Bar pursuant to Idaho Bar Rule (I.B.C.R.) 303(a)(6)(A). For pro se parties, and where email is not available, filing and service may be accomplished by means of regular U.S. mail, overnight service, parcel service, personal service or facsimile transmission. Service by U.S. mail is complete upon mailing, unless otherwise specified by these rules.

B. Service – Complaint.

1. The party making the complaint shall file the complaint with the Commission. The party filing the complaint shall serve all other parties to the action with a copy of the complaint within sixty (60) days of filing the complaint. In serving the employer and any surety or sureties, service shall be made on the party's Idaho agent. The Commission shall serve a copy of the complaint on behalf of pro se claimants on the Idaho agent of employer's surety listed on Commission records.

2. The address to which each copy of the complaint is served shall be the last known address of the respective party or parties, or the agent thereof as named in the Commission's records, i.e., claim, bond record, or authorized adjuster list.

3. After the complaint has been served on all parties to the action, the party filing the complaint or such party's attorney shall certify to the Commission the parties served, the date and method of service, and the identity of the person served, or, if service is accomplished by email or mail, the email or address to which the complaint was sent.

C. Service – Answer.

1. Each party served with a copy of the complaint must file an answer to said complaint within 21 days from the date of the service of the complaint. A copy of the answer shall be served by the defendant(s) on all other parties, within seven (7) days of the date of filing the answer. If a party has an attorney, service shall be on that attorney

2. The Commission may shorten or extend the time for filing an answer to the complaint after a motion and showing of good cause has been made within the original time allowed.

D. Service – Request for Hearings.

1. Service to other parties by email does not require a secondary method of service.

2. For any document transmitted by email to the Commission, an original document is not required. Unless otherwise noted in the JRP, lodging documents with the Commission via email is not an accepted means of filing.

COMMENTS: Subsection A includes a comprehensive list of delivery options. Subsection B requires service on the Idaho agent and not an out-of-state office of either the Employer or Surety.

The attorney’s email address to be used for service of documents referenced in Subsection A is designated on the Idaho State Bar’s online attorney roster as the “Court eService Email.