reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY › Section 8-308 - DUTIES OF SHERIFF.

8-308. DUTIES OF SHERIFF. When the sheriff has taken property as provided in this chapter, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his fees for taking and his necessary expenses for keeping the same, after expiration of five (5) days after service upon the defendant of a copy of the written undertaking as provided in section 8-305, Idaho Code, unless defendant shall file an undertaking for redelivery as provided in section 8-306, Idaho Code, and expiration of the time for exception to the sureties upon any undertaking, unless the court shall by order stay such delivery.
History:
[I.C., sec. 8-308, as added by 1973, ch. 118, sec. 2, p. 219.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY › Section 8-309 - THIRD PARTY CLAIMS.

8-309. THIRD PARTY CLAIMS. In cases where the property taken is claimed by any person other than the defendant or his agent, the rules and proceedings applicable in cases of third party claims after levy under execution shall apply.
History:
[I.C., sec. 8-309, as added by 1973, ch. 118, sec. 2, p. 219.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY › Section 8-310 - RETURN OF WRIT.

8-310. RETURN OF WRIT. The sheriff shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending, within twenty (20) days after taking the property mentioned therein.
History:
[I.C., sec. 8-310, as added by 1973, ch. 118, sec. 2, p. 219.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY › Section 8-311 - ORDERS TO PROTECT POSSESSION.

8-311. ORDERS TO PROTECT POSSESSION. After the property has been delivered to a party or the value thereof secured by an undertaking as provided in this chapter, the court shall, by appropriate order, protect that party in the possession of such property until the final determination of the action.
History:
[I.C., sec. 8-311, as added by 1973, ch. 118, sec. 2, p. 219.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 3 - CLAIM AND DELIVERY OF PERSONAL PROPERTY › Section 8-312 - EARLY SETTINGS.

8-312. EARLY SETTINGS. In all proceedings brought to recover the possession of personal property, all courts in which such actions are pending, shall, upon request of any party thereto, give such actions precedence over all other civil actions, except actions to which special precedence is otherwise given by law, in the matter of setting the same for hearing or trial, and in hearing or trial thereof, to the end that all such actions shall be quickly heard and determined.
History:
[I.C., sec. 8-312, as added by 1973, ch. 118, sec. 2, p. 219.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-501 - ATTACHMENT — WHEN APPLIED FOR.

8-501. ATTACHMENT — WHEN APPLIED FOR. The plaintiff at the time of the issuing of summons, or at any time afterwards may make application to have the property of the defendant attached in accordance with the procedures provided for in this chapter, as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as in this chapter provided in the following cases.
1. In an action upon a judgment, or upon contract, express or implied, for the direct payment of money, where the contract is not secured by any mortgage, deed of trust, security interest or lien upon real or personal property; or, if originally so secured, such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless.
2. In an action upon a judgment, or upon contract, express or implied, or for the collection of any penalty provided by any statute of this state, against a defendant not residing in this state.
History:
[(8-501) C.C.P. 1881, sec. 318; R.S. & R.C., sec. 4302; am. 1913, ch. 51, sec. 1, p. 160; reen. C.L., sec. 4302; C.S., sec. 6779; I.C.A., sec. 6-501; am. 1974, ch. 307, sec. 2, p. 1793.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-503 - UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS.

8-503. UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS. (a) No writ of attachment shall issue except upon the filing with the court of a written undertaking on the part of the plaintiff in such amount as determined to be proper by the court pursuant to subsection (e) of section 8-502, Idaho Code, to the effect that, if the defendant recover judgment, or if the attachment be wrongfully issued, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment not exceeding the sum specified in the undertaking; and that if the attachment is discharged on the ground that the plaintiff was not entitled thereto under section 8-501, Idaho Code, the plaintiff will pay all damages which the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking. No such security shall be required of the state or of any political subdivision, or of an officer or agency thereof.
(b) Within two (2) days after issuing such writ and delivering it to the proper officer, the clerk must post at the front door of the courthouse and cause to be published in some newspaper published in the county, if there be one, or otherwise in a newspaper of general circulation in the county, a notice, setting out the title of the cause and the fact that an attachment has been issued against the property of the defendant. Such notice shall be kept posted at least ten (10) days and shall be published, if in a weekly paper, in three (3) issues thereof, and if any other than a weekly paper, in at least six (6) issues. Any creditor of the defendant, who, within thirty (30) days after the first posting and publication of such notice, shall commence and thereafter diligently prosecute to final judgment his action for his claim against the defendant shall share pro rata with the attaching creditor in the proceeds of defendant’s property where there is not sufficient to pay all judgments in full against him.
History:
[(8-503) C.C.P. 1881, sec. 320; R.S., sec. 4304; am. 1895, p. 75, sec. 1; reen. 1889, p. 250, sec. 1; reen. R.C., & C.L., sec. 4304; C.S., sec. 6781; am. 1921, ch. 206, sec. 1, p. 416; I.C.A., sec. 6-503; am. 1974, ch. 307, sec. 4, p. 1793.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-504 - FORM OF WRIT.

8-504. FORM OF WRIT. The writ of attachment shall be directed to the sheriff of any county in which property of such defendant may be located, and must require him to attach and safely keep all the property of such defendant, within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff’s demands, the amount of which must be stated in conformity with the complaint. If issued prior to hearing under paragraph (2) or (3) of subsection (c), section 8-503 [8-502], Idaho Code, the writ shall describe the specific property to be levied upon. If the court has directed the order in which the writ shall be levied upon different assets of the defendant under subsection (e), section 8-502, Idaho Code, the writ shall set forth such directions. There shall be attached to the 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 8-506C, Idaho Code. Several writs may be issued at the same time to the sheriffs of different counties, and the plaintiff may have other writs of attachment as often as he may require at any time before judgment, without further notice to the defendant.
History:
[(8-504) C.C.P. 1881, sec. 321; R.S., R.C., & C.L., sec. 4305; C.S., sec. 6782; I.C.A., sec. 6-504; am. 1974, ch. 307, sec. 5, p. 1793.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-505 - PROPERTY SUBJECT TO ATTACHMENT — SALE UNDER EXECUTION.

8-505. PROPERTY SUBJECT TO ATTACHMENT — SALE UNDER EXECUTION. The rights or shares which the defendant may have in the stock of any corporation or company, together with the interest and profit thereon and all debts due such defendant, and all other property in this state of such defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.
History:
[(8-505) C.C.P. 1181, sec. 322; R.S., R.C., & C.L., sec. 4306; C.S., sec. 6783; I.C.A., sec. 6-505.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-506 - EXECUTION OF WRIT.

8-506. EXECUTION OF WRIT. The sheriff to whom the writ is directed and delivered must execute the same without delay, and if the undertaking mentioned in section 8-506C, Idaho Code, be not given, as follows:
1. Real property standing upon the records of the county in the name of the defendant must be attached by filing with the recorder of the county a copy of the writ, together with a description of the property attached and a notice that it is attached.
2. Real property or an interest therein belonging to the defendant and held by any other person, or standing on the records of the county in the name of any other person, must be attached by filing with the recorder of the county a copy of the writ, together with a description of the property, and a notice that such real property and any interest of the defendant therein, held by or standing in the name of such other person (naming him), are attached. The recorder must index such attachment, when filed, in the names of both, of the defendant and of the person by whom the property is held or in whose name it stands on the records.
3. Personal property capable of manual delivery must be attached by taking it into custody.
4. Stock or shares, or interest in stock or shares, of any corporation or company must be attached by leaving with the president or other head of the same, or the secretary, cashier or other managing agent thereof, a copy of the writ and a notice stating that the stock or interest of the defendant is attached, in pursuance of such writ; provided, that securities as defined in section 28-8-102, Idaho Code, must be attached as provided in section 28-8-112, Idaho Code.
5. Debts and credits and other personal property not capable of manual delivery must be attached by leaving with the person owing such debts, or having in his possession or under his control such credits or other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits or other personal property in his possession or under his control, belonging to the defendants, are attached in pursuance of such writ.
History:
[(8-506) C.C.P. 1881, sec. 323; R.S., & R.C., sec. 4307; am. 1911, ch. 162, sec. 1, p. 559; reen. C.L., sec. 4307; C.S., sec. 6784; I.C.A., sec. 6-506; am. 1974, ch. 307, sec. 6, p. 1793; am. 1998, ch. 243, sec. 1, p. 802.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-506B - SERVICE OF WRIT.

8-506B. SERVICE OF WRIT. The sheriff shall, without delay serve upon the defendant a copy of the writ of attachment and written undertaking by delivering the same to him personally, if he can be found, or to his agent from whom possession of the property is taken; or, if neither can be found, by leaving them at the issued place of abode of either with some person of suitable age and discretion; or, if neither have a place of abode, by mailing them to their last known address.
History:
[I.C., sec. 8-506B, as added by 1974, ch. 307, sec. 7, p. 1793.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-506D - SUFFICIENCY OF SURETIES.

8-506D. SUFFICIENCY OF SURETIES. The qualification of sureties under any written undertaking referred to in this chapter shall be such as prescribed by the 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 upon civil arrest. If any of the defendant’s 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 for the plaintiff’s undertaking, filed pursuant to section 8-503, Idaho Code, fail to justify, the writ of attachment must be vacated and the sheriff shall return the property to the defendant. If the sureties for the defendant’s undertaking, filed pursuant to section 8-506C, Idaho Code, fail to justify, the sheriff shall proceed as if no such undertaking had been filed. If the sureties justify or the exception is waived, the sheriff shall proceed as if no such exception had been filed.
History:
[I.C., sec. 8-506D, as added by 1974, ch. 307, sec. 9, p. 1793.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-507 - APPLICABILITY.

8-507. APPLICABILITY. To the extent that the provisions of chapter 7, title 11, Idaho Code, are not inconsistent with the provisions of this chapter, such provisions shall apply to the attachment process.
History:
[8-507, added 2017, ch. 303, sec. 3, p. 800.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-524 - INVENTORY AND MEMORANDUM OF ATTACHED PROPERTY.

8-524. INVENTORY AND MEMORANDUM OF ATTACHED PROPERTY. The sheriff must make a full inventory of the property attached, and return the same with the writ. To enable him to make such return as to the debts and credits attached, he must request, at the time of service, the party owing the debt or having the credit to give him a memorandum, stating the amount and description of each, and if such memorandum be refused, he must return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the cost of any proceedings taken for the purpose of obtaining information respecting the amounts and description of such debt or credit.
History:
[(8-524) C.C.P. 1881, sec. 327; R.S., R.C., & C.L., sec. 4311; C.S., sec. 6802; I.C.A., sec. 6-524.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-525 - SALE OF PERISHABLE PROPERTY — COLLECTION OF DEBTS.

8-525. SALE OF PERISHABLE PROPERTY — COLLECTION OF DEBTS. If any of the property attached be perishable, the sheriff must sell the same in the manner in which such property is sold on execution. The proceeds and other property attached by him must be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment recovered previous to issuing of the attachment. Debts and credits attached may be collected by him if the same can be done without suit. The sheriff’s receipt is a sufficient discharge for the amount paid.
History:
[(8-525) C.C.P. 1881, sec. 328; R.S., R.C., & C.L., sec. 4312; C.S., sec. 6803; I.C.A., sec. 6-525.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-526 - ORDER FOR SALE OF PROPERTY IN INTEREST OF PARTIES.

8-526. ORDER FOR SALE OF PROPERTY IN INTEREST OF PARTIES. Whenever property has been taken by an officer under a writ of attachment, and it is made to appear satisfactory to the court, or a judge thereof, that the interests of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in the court to abide the judgment in the action. Such an order can be made only upon notice to the adverse party or his attorney, in case such party has been personally served with a summons in the action.
History:
[(8-526) C.C.P. 1881, sec. 329; R.S., R.C., & C.L., sec. 4313; C.S., sec. 6804; I.C.A., sec. 6-526.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-527 - CLAIM OF PROPERTY BY THIRD PERSON OR AS EXEMPT.

8-527. CLAIM OF PROPERTY BY THIRD PERSON OR AS EXEMPT. If any personal property attached, garnished or executed upon be claimed by a third person as his property, or by the defendant as exempt property, the same rules shall prevail as to the contents and making of said claim, and as to the holding of said property, as in the case of a claim after levy upon execution, as provided in section 11-203, Idaho Code.
History:
[(8-527) C.C.P. 1881, sec. 330; R.S. & R.C., sec. 4314; am. 1913, ch. 109, sec. 11, p. 430; reen. C.L., sec. 4314; C.S., sec. 6805; I.C.A., sec. 6-527; am. 1939, ch. 12, sec. 1, p. 28; am. 1991, ch. 165, sec. 7, p. 403.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-528 - SALE OF ATTACHED PROPERTY TO SATISFY JUDGMENT.

8-528. SALE OF ATTACHED PROPERTY TO SATISFY JUDGMENT. If judgment be recovered by the plaintiff, the sheriff must satisfy the same out of the property attached by him which has not been delivered to the defendant, or a claimant as hereinbefore provided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose:
1. By paying to the plaintiff the proceeds of all sales of perishable property sold by him, or of any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment.
2. If any balance remain due, and an execution shall have been issued on the judgment, he must sell, under the execution, so much of the property, real or personal as may be necessary to satisfy the balance, if enough for that purpose remain in his hands. Notices of the sale must be given, and the sales conducted as in other cases of sales on execution.
History:
[(8-528) C.C.P. 1881, sec. 331; R.S., R.C., & C.L., sec. 4315; C.S., sec. 6806; I.C.A., sec. 6-528.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-529 - COLLECTION OF DEFICIENCY AFTER SALE — DELIVERY OF SURPLUS TO DEFENDANT.

8-529. COLLECTION OF DEFICIENCY AFTER SALE — DELIVERY OF SURPLUS TO DEFENDANT. If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the sheriff must proceed to collect such balance, as upon an execution in other cases. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, must deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment.
History:
[(8-529) C.C.P. 1881, sec. 332; R.S., R.C., & C.L., sec. 4316; C.S., sec. 6807; I.C.A., sec. 6-529.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-530 - ACTION ON ATTACHMENT BOND.

8-530. ACTION ON ATTACHMENT BOND. If the execution be returned unsatisfied in whole or in part, the plaintiff may prosecute any undertaking given pursuant to section 8-506C, Idaho Code, or he may proceed as in other cases upon the return of an execution.
History:
[(8-530) C.C.P. 1881, sec. 333; R.S., R.C., & C.L., sec. 4317; C.S., sec. 6808; I.C.A., sec. 6-530; am. 1974, ch. 307, sec. 10, p. 1793.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-531 - DISCHARGE ON JUDGMENT FOR DEFENDANT.

8-531. DISCHARGE ON JUDGMENT FOR DEFENDANT. If the defendant recover judgment against the plaintiff, any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands, must be delivered to the defendant or his agent. The order of attachment shall be discharged, and the property released therefrom.
History:
[(8-531) C.C.P., 1881, sec. 334; R.S., R.C., & C.L., sec. 4318; C.S., sec. 6809; I.C.A., sec. 6-531.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-534 - VACATION OF IRREGULAR ATTACHMENT.

8-534. VACATION OF IRREGULAR ATTACHMENT. The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply on motion upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof, that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.
History:
[(8-534) C.C.P. 1881, sec. 337; R.S., R.C., & C.L., sec. 4321; C.S., sec. 6812; I.C.A., sec. 6-534.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-535 - MOTION UPON AFFIDAVIT — HOW OPPOSED.

8-535. MOTION UPON AFFIDAVIT — HOW OPPOSED. If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the attachment was made.
History:
[(8-535) C.C.P. 1881, sec. 338; R.S., R.C., & C.L., sec. 4322; C.S., sec. 6813; I.C.A., sec. 6-535.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-536 - DISCHARGE — AMENDMENTS AUTHORIZED.

8-536. DISCHARGE — AMENDMENTS AUTHORIZED. If upon such application it satisfactorily appears that the writ of attachment was improperly or irregularly issued it must be discharged; provided that such attachment shall not be discharged if at or before the hearing of such application, the writ of attachment, or the affidavit, or undertaking upon which such attachment was based, shall be amended or made to conform to the provisions of this chapter.
History:
[(8-536) R.S., R.C., & C.L., sec. 4323; C.S., sec. 6814; am. 1921, ch. 160, sec. 1, p. 354; I.C.A., sec. 6-536.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-537 - RETURN OF WRIT.

8-537. RETURN OF WRIT. The sheriff must return the writ of attachment with the summons, if issued at the same time; otherwise within twenty (20) days after its receipt, with a certificate of his proceedings indorsed thereon or attached thereto; and whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of such order may be filed in the office of the county recorder in which the notice of attachment has been filed, and be indexed in like manner.
History:
[(8-537) C.C.P. 1881, sec. 340; R.S., R.C., & C.L., sec. 4324; C.S., sec. 6815; I.C.A., sec. 6-537.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-538 - DISCHARGE OF LIEN ON REAL ESTATE.

8-538. DISCHARGE OF LIEN ON REAL ESTATE. Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, and the lien of the writ has in any manner been lost or destroyed, the court out of which the writ issued or the judge thereof, may, on application by any person interested, make an order discharging said lien, and the order or a certified copy thereof may be filed in the office of the county recorder in which the notice of the levy has been filed, and indexed in like manner as said notice.
History:
[(8-538) 1895, p. 14, sec. 1; reen. 1899, p. 233, sec. 1; reen. R.C. & C.L., sec. 4325; C.S., sec. 6816; I.C.A., sec. 6-538.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-539 - LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION.

8-539. LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION. Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, such levy shall be a lien upon all real property for a period of two (2) years after the date of levy unless sooner released or discharged in accordance with law, or by dismissal of the action or by the recording with the recorder of an abstract of judgment in the action. At the expiration of two (2) years, the lien shall cease and any proceeding or proceedings against the property under the lien shall be barred; provided, that upon motion of a party to the action, made not less than five (5) nor more than sixty (60) days before the expiration of said period of two (2) years, the court in which the action is pending may extend the time of said lien for a period not exceeding two (2) years from the date on which the original lien would expire, and the lien shall be extended for the period specified in the order upon the recording before the expiration of the existing lien, of a certified copy of the order with the recorder of the county in which the real property attached is situated. The lien may be extended from time to time in the manner herein prescribed.
History:
[I.C., sec. 8-539, as added by 1965, ch. 93, sec. 1, p. 171.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 5 - ATTACHMENTS › Section 8-540 - EARLY SETTING.

8-540. EARLY SETTING. In all proceedings brought under this chapter, all courts in which such actions are pending, shall, upon request of any party thereto, give such actions precedence over all other civil actions, except action to which special precedence is otherwise given by law, in the matter of setting the same for hearing or trial, or in hearing or trial thereof, to the end that all such actions shall be quickly heard and determined; provided, however, that hearing upon a motion to contest a claim of exemption or third party claim as provided in section 11-203, Idaho Code, shall be set for a date within not less than five (5) nor more than twelve (12) days after the filing of the motion and such hearing may be continued only at the request of the defendant.
History:
[I.C., sec. 8-540, as added by 1974, ch. 307, sec. 13, p. 1793; am. 1991, ch. 165, sec. 8, p. 403.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 6 - RECEIVERS › Section 8-601 - GROUNDS FOR APPOINTMENT.

8-601. GROUNDS FOR APPOINTMENT. A receiver may be appointed by the court in which an action is pending or has passed to judgment, or by the judge thereof:
1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or jointly interested in any property or fund, on the application of the plaintiff or of any party whose right to, or interest in, the property, or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed or materially injured.
2. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt.
3. After judgment to carry the judgment into effect.
4. After judgment to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment.
5. In the case where a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights.
5-A. A receiver for an irrigation district may be appointed in an action brought by bondholders or other creditors, water users, and/or land owners of such irrigation district, where it is made to appear to the satisfaction of the court that such irrigation district has failed to elect its officers, or such officers have failed to qualify or are not acting, or such district has ceased to function, or has been abandoned, or is insolvent, or is in imminent danger of insolvency, or is being grossly mismanaged, or has been or ought to be dissolved, and there are rights or properties of such irrigation district which are threatened to become lost or dissipated, that should be preserved for the benefit of its creditors or other parties of interest in such irrigation district.
6. In all other cases where receivers have heretofore been appointed by the usages of courts of equity.
History:
[(8-601) C.C.P. 1881, sec. 341; R.S. & R.C., sec. 4329; am. 1909, sec. 1, p. 26; reen. C.L., sec. 4329; C.S., sec. 6817; am. 1929, ch. 43, sec. 1, p. 52; I.C.A., sec. 6-601.]