Idaho Code

Idaho Code § 6-916 (2026)

Service of summons.

✓ current as of May 2026

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Service of summons.

In all actions under this act against the state or its employee the summons and complaint shall be served on the secretary of state with a copy to the attorney general. This section shall not be construed to release the party making service of process from serving any named defendant other than the governmental entity in compliance with other applicable statutes or rules of civil proceeding.

In all actions under this act against any employee wherein it is alleged that such employee was acting within the course and scope of his employment, a copy of the summons and complaint shall be served upon the governmental entity which is his employer.

Notes of Decisions

Cited in 3 cases, 2008–2016 · leading case: CNW, LLC v. New Sweden Irrigation Dist., 383 P.3d 1259 (Idaho 2016).

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CNW, LLC v. New Sweden Irrigation Dist., 383 P.3d 1259 (Idaho 2016). · cites it 4× “See I.C. § 6-916. Because service is not expressly required by Idaho Code section 6-906 even though it is required in another context by Idaho Code section 6-916, we infer that the Legislatui'e did not intend the presentment requirement of Idaho Code section 6-906 to include the…”

Harrison v. Bd. of Prof'l Discipline of the Idaho State Bd. of Med., 177 P.3d 393 (Idaho 2008). · cites it 4× “The Board argues it was necessary for the Harrisons to comply with the portion of the Idaho Tort Claims Act (ITCA) requiring that “[i]n all actions under this act against the state or its employee the summons and complaint shall be served on the secretary of state____” I.C. §…”

Naranjo v. Idaho Dep't of Corr., 265 P.3d 529 (Idaho Ct. App. 2011). · cites it 8× “IDOC pointed out that the Naranjos had not delivered a copy of the summons and complaint to the secretary of state as required by the Idaho Tort Claims Act (ITCA), Idaho Code § 6-916 , for initiation of a tort action against a state agency.”

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