Legal Question in Real Estate Law in Idaho

Re: will we really have to appear in court?

You still need to file a motion for Summary Judgment according to Rule 56 (a) or (b) depending on the circumstances, set a hearing, and show up and argue your reasons. Secondly, file a motion to dismiss.

In either case you will be required to file an affidavit supporting your motion in which you can discuss the documents that either prove that there is no material fact in controversy (summary judgment motion) or that the case should be dismissed on some statute, common law or other ground.

Re: will we really have to appear in court?

You will have to answer, at least. You can first make a motion to dismiss before you actually answer the complaint. If the case is baseless, you will need to cite the proper legal statutes as well as provide the court with documentation of your defenses. If that doesn't work, then you can answer and defend yourself. If the case is truly baseless, you can ask the Court to award you your costs and fees incurred in defending. In any event, DO NOT let it go unanswered.