--- name: id-draft-order description: > This skill should be used to scaffold an Idaho proposed order or proposed judgment for a judge's signature. Triggers include "draft an Idaho proposed order", "I.R.C.P. 58 entry of judgment", "proposed judgment Idaho", "I.R.C.P. 54 separate document judgment", "proposed order Idaho", "order on motion Idaho", "default judgment order Idaho", "Rule 54(b) certificate Idaho". Produces a proposed order or proposed judgment with the caption replicated, recitals, a decretal "IT IS HEREBY ORDERED" / "IT IS ADJUDGED" block, an entry-of-judgment line, and the judge-signature line at the foot. Covers I.R.C.P. 54(a) (a judgment must be set out in a separate document), I.R.C.P. 58 (entry of judgment), Rule 54(b) certification of finality on fewer than all claims/parties, and the rule that only a judge signs. Composes with `id-statewide-format` for the caption and `id-submit-order` for the transmittal workflow. version: 0.1.0 --- # Draft an Idaho Proposed Order > **NOT LEGAL ADVICE.** This skill scaffolds a proposed order or > judgment as a drafting aid. The filer is responsible for ensuring > the form mirrors the relief the court actually granted and > contains nothing the court did not rule on. **Only a judge signs > an order or judgment** — this skill prepares the proposed form for > the court's consideration; the filer submits it but does not sign > in the judge's place. Verify the current rules and local practice > before submitting. Use this skill in addition to `id-statewide-format` when a motion, stipulation, or hearing outcome requires a **proposed order** or **proposed judgment** for the judge's signature. In Idaho, the party prepares the proposed form and submits it; the **judge signs it**, and the judgment is **entered** under **I.R.C.P. 58**. The **date of entry** — not the date of the hearing or the judge's signature — starts the post-judgment and appeal clocks. Confirm the current day counts in `id-law-references`; this skill points at the corpus rather than hard-coding them. ## Cardinal rule — the form mirrors the ruling The proposed form's relief should **mirror exactly** what the court ordered. Two failure modes: - **Over-reaching**: decreeing relief the court did not grant — the court strikes or modifies it. - **Under-reaching**: omitting relief the court actually granted — leaves the form incomplete and may require a corrective order. Cross-check the relief requested in the motion against the decretal block (`IT IS HEREBY ORDERED ...` / `IT IS ADJUDGED ...`) one item at a time. ## A judgment must be a separate document — I.R.C.P. 54(a) Under **I.R.C.P. 54(a)**, a **judgment must be set out in a separate document** — distinct from any memorandum decision, opinion, order, or minute entry that contains the court's reasoning. A "judgment" in Idaho practice **states only the relief the court grants** to which party; it does **not** recite the court's reasoning or recount the procedural history. Keep the findings and analysis in the order or memorandum decision; keep the judgment itself short and operative. - Draft an **Order** to dispose of a motion and to state findings and reasoning. - Draft a separate **Judgment** when the matter is finally resolved and a Rule 54(a) judgment is required — the separate document that the appeal and post-judgment clocks run from. ## Entry of judgment — I.R.C.P. 58 Under **I.R.C.P. 58**, a judgment is **entered** when the court signs it and the clerk files it in the record. A judgment is generally **effective on entry**. Many deadlines — post-judgment motions under I.R.C.P. 59 / 60 and the appeal period under the Idaho Appellate Rules — run from **entry**, not from the date the court announced its ruling. Confirm the current entry mechanics and day counts in `id-law-references`. > Confirm the deciding judge's submission practice (editable format, > proposed-order routing) before transmitting — see `id-submit-order`. ## Rule 54(b) — multiple claims, finality When the form resolves **fewer than all claims or fewer than all parties**, the judgment is not final or appealable unless the court enters an **I.R.C.P. 54(b) certificate** — an express determination that there is **no just reason for delay** and an express direction for entry of a final judgment. If finality is intended, include the Rule 54(b) certificate language; if the form is interlocutory, do **not** include it. The court — not the drafter — decides whether to make the determination. Confirm the exact certificate language in `id-law-references`. ## Standard proposed-Order structure ``` [Caption — exactly matching the motion; see id-statewide-format. Include the case number and assigned judge.] [DOCUMENT TITLE: ORDER GRANTING DEFENDANT'S MOTION TO DISMISS] This matter having come before the Court on [Moving Party's Motion Title], filed [date]; the Court having considered the motion, any response and reply, the supporting affidavits/declarations and exhibits, and the argument of the parties; and good cause appearing; IT IS HEREBY ORDERED that: 1. [Defendant's Motion to Dismiss is GRANTED / DENIED.] 2. [Specific consequential relief, e.g., "Plaintiff's Complaint is dismissed with prejudice."] 3. [Costs — taxed to ____, or "each party to bear its own costs."] ____________________________ [Honorable Judge Name] District Judge / Magistrate Judge, [County] County Entered: ________________ (filed by the Clerk) ``` ## Standard separate-document Judgment (I.R.C.P. 54(a)) A Rule 54(a) judgment is a **separate document** that states only the relief, with no recitals or reasoning: ``` [Caption — see id-statewide-format] JUDGMENT JUDGMENT IS ENTERED AS FOLLOWS: Judgment is entered in favor of [Plaintiff] and against [Defendant] in the amount of $______, consisting of: a. Principal: $______ b. Interest: $______ (state the rate and statutory basis) c. Costs and fees as may be awarded on a timely memorandum ____________________________ [Honorable Judge Name] District Judge / Magistrate Entered: ________________ ``` ### Recitals vs. decretal language — keep them separate In an **Order**, keep the **recitals** (the "having come before the Court ... good cause appearing" preamble) separate from the **decretal clause** (the numbered commands following "IT IS HEREBY ORDERED"). Do not bury operative relief inside the recitals. In a **Judgment**, omit recitals entirely — Rule 54(a) requires the separate document to state only the relief. ## Effective date and entry A judgment is generally effective on the **date of entry** — the date the clerk files the signed judgment — not the date the judge signed it or the date of the hearing. If a different effective date is required, state it expressly. The date of entry is the reference point downstream skills use to compute I.R.C.P. 59 / 60 and appeal deadlines. ## Default judgment form For a default judgment, recite the predicate findings in the supporting application/order and keep the **Judgment** itself a separate Rule 54(a) document. Confirm the default was properly entered, that any required notice of the application was served, and that the relief does not exceed what is demanded in the pleadings before submitting the proposed judgment. ## Composition - For format and caption: `id-statewide-format` - For submitting the proposed form for the judge's signature and transmitting the entered judgment: `id-submit-order` - For the venue overlay: `id-ada`, `id-bonneville`, `id-county-courts`, `id-family-court` - For pro se conventions: `id-pro-se` - For deadline math from entry: `id-deadlines` ## References to author - `references/order-template.md` — annotated proposed-Order scaffold - `references/judgment-template.md` — I.R.C.P. 54(a) separate-document Judgment scaffold and the Rule 58 entry mechanics