reglab/housing_qa huggingface dataset:
ID Code § 8-113 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-113 - PROCEEDINGS AGAINST BAIL.

8-113. PROCEEDINGS AGAINST BAIL. If the bail neglect or refuse to pay the judgment within ten (10) days after they are finally charged, an action may be commenced against such bail for the amount of the original judgment.  History: [(8-113) C.C.P. 1881, sec. 282; R.S., R.C., & C.L., sec. 4252; C.S., sec. 6741; I.C.A., sec. 6-113.]
ID Code § 8-114 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-114 - EXONERATION OF BAIL.

8-114. EXONERATION OF BAIL. The bail are exonerated by the death of the defendant or his imprisonment in the state prison, or by his legal discharge from the obligation to render himself amenable to the process.  History: [(8-114) C.C.P. 1881, sec. 283; R.S., R.C., & C.L., sec. 4253; C.S., sec. 6742; I.C.A., sec. 6-114.]
ID Code § 8-115 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-115 - RETURN BY SHERIFF OF ORDER AND BAIL BOND — NOTICE BY PLAINTIFF — FILING OF BOND.

8-115. RETURN BY SHERIFF OF ORDER AND BAIL BOND — NOTICE BY PLAINTIFF — FILING OF BOND. Within the time limited for that purpose, the sheriff must file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon, together with a copy of the undertaking of the bail. The original undertaking he must retain in his possession until filed, as herein provided. The plaintiff within ten (10) days thereafter, may serve upon the sheriff a notice that he does not accept the bail, or he is deemed to have accepted them, and the sheriff is exonerated from liability. If no notice be served within ten (10) days, the original undertaking must be filed with the clerk of the court.  History: [(8-115) C.C.P. 1881, sec. 284; R.S., R.C., & C.L., sec. 4254; C.S., sec. 6743; I.C.A., sec. 6-115.]
ID Code § 8-116 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-116 - JUSTIFICATION OF BAIL — NOTICE — NEW UNDERTAKING.

8-116. JUSTIFICATION OF BAIL — NOTICE — NEW UNDERTAKING. Within five (5) days after the receipt of notice, the sheriff or defendant may give the plaintiff or his attorney, notice of the justification of the same, or other bail (specifying the places of residence and occupation of the latter), before the judge of the court, at a specified time and place; the time to be not less than five (5) nor more than ten (10) days thereafter, except by consent of parties. In case other bail be given there must be a new undertaking.  History: [(8-116) C.C.P. 1881, sec. 285; R.S., R.C., & C.L., sec. 4225; C.S., sec. 6744; I.C.A., sec. 6-116; am. 1969, ch. 125, sec. 2, p. 386.]
ID Code § 8-117 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-117 - QUALIFICATIONS OF BAIL.

8-117. QUALIFICATIONS OF BAIL. The qualifications of bail are as follows: 1. Each of them must be resident and householder or freeholder within the state. 2. Each must be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided in this chapter, over and above all his liabilities, exclusive of property exempt from execution; but the judge, on justification, may allow more than two (2) sureties to justify severally in amounts less than that expressed in the order, if the whole justification be equivalent to that of two (2) sufficient bail.  History: [(8-117) C.C.P. 1881, sec. 286; R.S., R.C., & C.L., sec. 4256; C.S., sec. 6745; I.C.A., sec. 6-117.]
ID Code § 8-118 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-118 - JUSTIFICATION — HOW MADE.

8-118. JUSTIFICATION — HOW MADE. For the purpose of justification each of the bail must attend before the judge at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff touching his insufficiency, in such manner as the judge in his discretion may think proper. The examination must be reduced to writing and subscribed by the bail, if required by the plaintiff.  History: [(8-118) C.C.P. 1881, sec. 287; R.S., R.C., & C.L., sec. 4257; C.S., sec. 6746; I.C.A., sec. 6-118.]
ID Code § 8-119 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-119 - ALLOWANCE OF BAIL.

8-119. ALLOWANCE OF BAIL. If the judge find the bail sufficient, he must annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed, and the sheriff is thereupon exonerated from liability.  History: [(8-119) C.C.P. 1881, sec. 288; R.S., R.C., & C.L., sec. 4258; C.S., sec. 6747; I.C.A., sec. 6-119.]
ID Code § 8-120 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-120 - DEPOSIT WITH SHERIFF.

8-120. DEPOSIT WITH SHERIFF. The defendant, or a person on behalf of the defendant, may at the time of the defendant’s arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. In case the amount of bail be reduced, as provided in this chapter, the defendant, or a person on behalf of the defendant, may deposit such amount instead of giving bail. In either case the sheriff must give the person who made the deposit on behalf of the defendant, a certificate of the deposit made, and the defendant must be discharged from custody.  History: [(8-120) C.C.P. 1881, sec. 289; R.S., R.C., & C.L., sec. 4259; C.S., sec. 6748; I.C.A., sec. 6-120; am. 1997, ch. 106, sec. 1, p. 250.]
ID Code § 8-121 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-121 - DEPOSIT — PAYMENT INTO COURT BY SHERIFF.

8-121. DEPOSIT — PAYMENT INTO COURT BY SHERIFF. The sheriff must, immediately after the deposit, pay the same into court and take from the clerk receiving the same, two (2) certificates of such payment, the one of which he shall deliver to the person who made the deposit on behalf of the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the sheriff, to collect the sum deposited as in other cases of delinquency.  History: [(8-121) C.C.P. 1881, sec. 290; R.S., R.C., & C.L., sec. 4260; C.S., sec. 6749; I.C.A., sec. 6-121; am. 1997, ch. 106, sec. 2, p. 250.]
ID Code § 8-122 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-122 - SUBSTITUTING BAIL FOR DEPOSIT.

8-122. SUBSTITUTING BAIL FOR DEPOSIT. If money is deposited, as provided in the last two (2) sections, bail may be given and may justify upon notice, at any time before judgment; and on the filing of the undertaking and justification with the clerk, the money deposited must be refunded to the person who made the deposit.  History: [(8-122) C.C.P. 1881, sec. 291; R.S., R.C., & C.L., sec. 4261; C.S., sec. 6750; I.C.A., sec. 6-122; am. 1997, ch. 106, sec. 3, p. 251.]
ID Code § 8-123 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-123 - SATISFACTION OF JUDGMENT FROM DEPOSIT — REFUND.

8-123. SATISFACTION OF JUDGMENT FROM DEPOSIT — REFUND. Where money has been deposited, if it remains on deposit at the time of the recovery of a judgment in favor of the plaintiff, the clerk must, under the direction of the court, apply the same in satisfaction thereof; and after satisfying the judgment, refund the surplus, if any, to the person who made the deposit. If the judgment is in favor of the defendant, the clerk must, under the direction of the court refund to the person who made the deposit the whole sum deposited and remaining unapplied.  History: [(8-123) C.C.P. 1881, sec. 292; R.S., R.C., & C.L., sec. 4262; C.S., sec. 6751; I.C.A., sec. 6-123; am. 1997, ch. 106, sec. 4, p. 251.]
ID Code § 8-126 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-126 - VACATION OF ORDER OF ARREST — APPLICATION FOR.

8-126. VACATION OF ORDER OF ARREST — APPLICATION FOR. A defendant arrested may, at any time before the trial of the action, or if there be no trial, before the entry of judgment, apply to the judge of the court in which the action is pending, or to the court, upon reasonable notice, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of defendant, but not otherwise, the plaintiff may oppose the same by affidavits, or other proofs, in addition to those on which the order of arrest was made.  History: [(8-126) C.C.P. 1881, sec. 295; R.S., R.C., & C.L., sec. 4265; C.S., sec. 6754; I.C.A., sec. 6-126.]
ID Code § 8-127 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 1 - ARREST AND BAIL|Section 8-127 - VACATION OF ORDER OF ARREST — REDUCTION OF BAIL.

8-127. VACATION OF ORDER OF ARREST — REDUCTION OF BAIL. If, upon application, it appears that there was not sufficient cause for the arrest, the order must be vacated; or if it appears that the bail was fixed too high, the amount must be reduced.  History: [(8-127) C.C.P. 1881, sec. 296; R.S., R.C., & C.L., sec. 4266; C.S., sec. 6755; I.C.A., sec. 6-127.]
ID Code § 8-201 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-201 - RIGHT TO DISCHARGE.

8-201. RIGHT TO DISCHARGE. Any person confined in jail on an execution issued on a judgment rendered in a civil action must be discharged therefrom upon the conditions in this chapter specified.  History: [(8-201) C.C.P. 1881, sec. 783; R.S., R.C., & C.L., sec. 5075; C.S., sec. 7308; I.C.A., sec. 6-201.]
ID Code § 8-202 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-202 - NOTICE OF APPLICATION.

8-202. NOTICE OF APPLICATION. Such person must cause a notice in writing to be given to the plaintiff, his agent or attorney, that at a certain time and place he will apply to the judge of the district court of the county in which such person may be confined, or, in case of his absence or inability to act, to a magistrate of the county in which such person may be imprisoned, for the purpose of obtaining a discharge from his imprisonment.  History: [(8-202) C.C.P. 1881, sec. 784; R.S., R.C., & C.L., sec. 5076; C.S., sec. 7309; I.C.A., sec. 6-602; am. 1969, ch. 125, sec. 3, p. 386.]
ID Code § 8-203 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-203 - SERVICE OF NOTICE.

8-203. SERVICE OF NOTICE. Such notice must be served upon the plaintiff, his agent or attorney, one (1) day at least before the hearing of the application.  History: [(8-203) C.C.P. 1881, sec. 785; R.S., R.C., & C.L., sec. 5077; C.S., sec. 7310; I.C.A., sec. 6-203.]
ID Code § 8-204 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-204 - EXAMINATION OF DEBTOR.

8-204. EXAMINATION OF DEBTOR. At the time and place specified in the notice, such person must be taken before such judge, who must examine him under oath concerning his estate, and property, and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed, or any part thereof, and such judge may also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.  History: [(8-204) C.C.P. 1881, sec. 786; R.S., R.C., & C.L., sec. 5078; C.S., sec. 7311; I.C.A., sec. 6-204.]
ID Code § 8-205 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-205 - INTERROGATORIES MAY BE PROPOUNDED.

8-205. INTERROGATORIES MAY BE PROPOUNDED. The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they must, if required by him, be proposed and answered in writing, and the answer must be signed and sworn to by the prisoner.  History: [(8-205) C.C.P. 1881, sec. 787; R.S., R.C., & C.L., sec. 5079; C.S., sec. 7312; I.C.A., sec. 6-205.]
ID Code § 8-206 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-206 - OATH PRIOR TO DISCHARGE.

8-206. OATH PRIOR TO DISCHARGE. If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he must administer to him the following oath, to wit: "I, …., do solemnly swear that I have not any estate, real or personal, to the amount of fifty dollars ($50.00), except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to hinder, delay or defraud my creditors, so help me God."  History: [(8-206) C.C.P. 1881, sec. 788; R.S., R.C., & C.L., sec. 5080; C.S., sec. 7313; I.C.A., sec. 6-206.]
ID Code § 8-207 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-207 - ORDER OF DISCHARGE.

8-207. ORDER OF DISCHARGE. After administering the oath the judge must issue an order that the prisoner be discharged from custody, and the officer, upon the service of such order, must discharge the prisoner forthwith, if he be imprisoned for no other cause.  History: [(8-207) C.C.P. 1881, sec. 789; R.S., R.C., & C.L., sec. 5081; C.S., sec. 7314; I.C.A., sec. 6-207.]
ID Code § 8-208 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-208 - REAPPLICATION FOR DISCHARGE.

8-208. REAPPLICATION FOR DISCHARGE. If such judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding thirty (30) days, in the same manner as above provided, and the same proceedings must thereupon be had.  History: [(8-208) C.C.P. 1881, sec. 790; R.S., R.C., & C.L., sec. 5082; C.S., sec. 7315; I.C.A., sec. 6-208.]
ID Code § 8-209 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-209 - DISCHARGE IS FINAL.

8-209. DISCHARGE IS FINAL. The prisoner after being so discharged is forever exempted from arrest or imprisonment for the same debt, unless he be convicted of having wilfully sworn falsely upon his examination before the judge, or in taking the oath before prescribed.  History: [(8-209) C.C.P. 1881, sec. 791; R.S., R.C., & C.L., sec. 5083; C.S., sec. 7316; I.C.A., sec. 6-209.]
ID Code § 8-210 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-210 - JUDGMENT REMAINS IN FORCE.

8-210. JUDGMENT REMAINS IN FORCE. The judgment against any prisoner who is discharged remains in full force against any estate which may then, or at any time afterward during the life of the judgment, belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner in like manner as if he had never been committed.  History: [(8-210) C.C.P. 1881, sec. 792; R.S., R.C., & C.L., sec. 5084; C.S., sec. 7317; I.C.A., sec. 6-210.]
ID Code § 8-211 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-211 - DISCHARGE BY ORDER OF PLAINTIFF.

8-211. DISCHARGE BY ORDER OF PLAINTIFF. The plaintiff in the action may at any time order the prisoner to be discharged, and he is not thereafter liable to imprisonment for the same cause of action.  History: [(8-211) C.C.P. 1881, sec. 793; R.S., R.C., & C.L., sec. 5085; C.S., sec. 7318; I.C.A., sec. 6-211.]
ID Code § 8-212 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 2 - DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS|Section 8-212 - ADVANCE OF BOARD MONEY.

8-212. ADVANCE OF BOARD MONEY. Whenever a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent or attorney, must advance to the jailer on such commitment, sufficient money for the board of the prisoner, at the rate provided by law, for one (1) week, and must make the like advance for every successive week of his imprisonment; and in case of failure to do so, the jailer must forthwith discharge such prisoner from custody, and such discharge has the same effect as if made by order of the creditor.  History: [(8-212) C.C.P. 1881, sec. 794; R.S., R.C., & C.L., sec. 5086; C.S., sec. 7319; I.C.A., sec. 6-212.]
ID Code § 8-301 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|Section 8-301 - DELIVERY OF PERSONAL PROPERTY MAY BE CLAIMED.

8-301. DELIVERY OF PERSONAL PROPERTY MAY BE CLAIMED. The plaintiff in an action to recover the possession of personal property may, at the time of issuance of summons, or at any time before trial, claim the delivery of such property to him as provided in this chapter.  History: [I.C., sec. 8-301, as added by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-303 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|Section 8-303 - PLAINTIFF’S UNDERTAKING.

8-303. PLAINTIFF’S UNDERTAKING. A writ of possession shall not issue until plaintiff has filed with the court a written undertaking executed by two (2) or more sufficient sureties, to the effect that they are bound to the defendant in double the value of the property, as determined by the court, for the return of the property to the defendant, if return thereof be ordered, and for the payment to him of any sum as may from any cause be recovered against the plaintiff.  History: [I.C., sec. 8-303, as added by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-304 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|Section 8-304 - CONTENTS OF WRIT.

8-304. CONTENTS OF WRIT. (1) The writ of possession shall be directed to the sheriff within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the evidence, there is probable cause to believe the property or some part thereof will be found. It shall direct the sheriff to seize the same if it is found in the possession of the defendant or his agent and to retain it in his custody. There shall be attached to such writ a copy of the written undertaking filed by the plaintiff, and such writ shall inform the defendant that he has the right to except to the sureties upon such undertaking or to file a written undertaking for the redelivery of such property, as provided in section 8-306, Idaho Code. (2) Upon probable cause shown by further affidavit made by the plaintiff or someone on his behalf, filed with the court, additional writs of possession may be issued by the court, without further notice, to direct any sheriff within whose jurisdiction the property may be located to search for the property at another location or locations and to seize the same, if found.  History: [I.C., sec. 8-304, as added by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-305 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|Section 8-305 - SEIZURE BY SHERIFF — SERVICE OF WRIT.

8-305. SEIZURE BY SHERIFF — SERVICE OF WRIT. The sheriff shall forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody, either by removing the property to a place of safekeeping or, upon good cause shown, by installing a keeper. If the property or any part thereof is in a building or inclosure, the sheriff shall demand its delivery, announcing his identity, purpose, and the authority under which he acts. If it is not voluntarily delivered, he shall cause the building or inclosure to be broken open in such manner as he reasonably believes will cause the least damage to the building or inclosure, and take the property into his possession. He may call upon the power of the county to aid and protect him. The sheriff shall, without delay, serve upon the defendant a copy of the writ of possession and written undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either with some person of suitable age and discretion; or, if neither have any known place of abode, by mailing them to their last known address.  History: [I.C., sec. 8-305, as added by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-306 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|Section 8-306 - DEFENDANT’S UNDERTAKING — RETURN OF PROPERTY.

8-306. DEFENDANT’S UNDERTAKING — RETURN OF PROPERTY. At any time prior to the hearing of the order to show cause, or before the delivery of the property to the plaintiff, the defendant may require the return thereof upon filing with the court a written undertaking executed by two (2) or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the verified complaint or affidavit of the plaintiff or as determined by the court, for the delivery thereof to the plaintiff, if such delivery be ordered, and for the payment to him of such sum as may for any cause be recovered against the defendant. At the time of filing such undertaking, the defendant shall serve upon the plaintiff or his attorney and the sheriff, if such property shall then be in the custody of the sheriff, a notice of filing of such undertaking, to which a copy of such undertaking shall be attached, and shall cause proof of service thereof to be filed with the court. If such undertaking be filed prior to hearing of the order to show cause, proceedings thereunder shall terminate, unless exception is taken to such sureties. If, at the time of filing of such undertaking, the property shall be in the custody of the sheriff, such property shall be redelivered to the defendant five (5) days after service of notice of filing such undertaking upon the plaintiff or his attorney, unless exception is taken to such sureties.  History: [I.C., sec. 8-306, as added by 1973, ch. 118, sec. 2, p. 219.]
ID Code § 8-307 (2021)
2021 Idaho Code|Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS|Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY|Section 8-307 - QUALIFICATIONS OF SURETIES — PROTESTS.

8-307. QUALIFICATIONS OF SURETIES — PROTESTS. The qualification of sureties under any written undertaking referred to in this chapter shall be such as are prescribed by this code, in respect to bail upon an order of civil arrest. Either party may, within two (2) days after service of an undertaking or notice of filing an undertaking under the provisions of this chapter, give written notice to the court, the other party and the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When a party excepts, the other party’s sureties shall justify on notice within not less than two (2) nor more than five (5) days, in like manner as upon bail in civil arrest. If the property be in the custody of the sheriff, he shall retain custody thereof until the justification is completed or waived or fails. If the sureties fail to justify, the sheriff shall proceed as if no such undertaking had been filed. If the sureties justify or the exception is waived, he shall deliver the property to the party filing such undertaking.  History: [I.C., sec. 8-307, as added by 1973, ch. 118, sec. 2, p. 219.]