reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-523 - PAYMENT INTO COURT — CONTINUANCE OF ACTION.

6-523. PAYMENT INTO COURT — CONTINUANCE OF ACTION. When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken in court or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings as in an original action.
History:
[(6-523) C.C.P. 1881, sec. 509; R.S., R.C., & C.L., sec. 4582; C.S., sec. 6998; I.C.A., sec. 9-523.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-524 - CONDUCT OF SALE — CONTENTS OF NOTICE.

6-524. CONDUCT OF SALE — CONTENTS OF NOTICE. All sales of real property made by referees under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution. The notice must state the terms of sale, and if the property or any part of it is to be subject to a prior estate, charge or lien, that must be stated in the notice.
History:
[(6-524) C.C.P. 1881, sec. 510; R.S., R.C., & C.L., sec. 4583; C.S., sec. 6999; I.C.A., sec. 9-524.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-525 - TERMS OF SALE.

6-525. TERMS OF SALE. The court must, in the order for sale, direct the terms of credit which may be allowed for the purchase-money of any portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase-money is required by the provisions hereinafter contained, to be invested for the benefit of unknown owners, infants or parties out of the state.
History:
[(6-525) C.C.P. 1881, sec. 511; R.S., R.C., & C.L., sec. 4584; C.S., sec. 7000; I.C.A., sec. 9-525.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-526 - SECURITY FOR PURCHASE-MONEY.

6-526. SECURITY FOR PURCHASE-MONEY. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase-money of such parts of the property as are directed by the court to be sold on credit for the shares of any known owner of full age, in the name of such owner; and for the shares of an infant in the name of the guardian of such infant; and for other shares in the name of the clerk of the court and his successors in office.
History:
[(6-526) C.C.P. 1881, sec. 512; R.S., R.C., & C.L., sec. 4585; C.S., sec. 7001; I.C.A., sec. 9-526.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-527 - COMPENSATION OF TENANTS FOR LIFE OR YEARS.

6-527. COMPENSATION OF TENANTS FOR LIFE OR YEARS. The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in writing filed with the clerk of the court. Upon the filing of such consent the clerk must enter the same in the minutes of the court.
History:
[(6-527) C.C.P. 1881, sec. 513; R.S., R.C., & C.L., sec. 4586; C.S., sec. 7002; I.C.A., sec. 9-527.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-528 - CONSENT NOT GIVEN — COMPENSATION FIXED BY COURT.

6-528. CONSENT NOT GIVEN — COMPENSATION FIXED BY COURT. If such consent be not given, filed and entered as provided in the last section, at or before a judgment of sale is rendered, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of such estate, and must order the same to be paid to such party, or deposited in court for him, as the case may require.
History:
[(6-528) C.C.P. 1881, sec. 514; R.S., R.C., & C.L., sec. 4587; C.S., sec. 7003; I.C.A., sec. 9-528.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-529 - PROTECTION OF UNKNOWN PARTIES.

6-529. PROTECTION OF UNKNOWN PARTIES. If the persons entitled to such estate for life or years be unknown, the court must provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.
History:
[(6-529) C.C.P. 1881, sec. 515; R.S., R.C., & C.L., sec. 4588; C.S., sec. 7004; I.C.A., sec. 9-529.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-530 - COMPENSATION FOR CONTINGENT INTEREST.

6-530. COMPENSATION FOR CONTINGENT INTEREST. In all cases of sales when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportionate value of such contingent or vested right or estate, and must direct such proportion of the proceeds of the sale to be invested, secured, or paid over in such manner as to protect the rights and interests of the parties.
History:
[(6-530) C.C.P. 1881, sec. 516; R.S., R.C., & C.L., sec. 4589; C.S., sec. 7005; I.C.A., sec. 9-530.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-531 - NOTICE OF TERMS OF SALE.

6-531. NOTICE OF TERMS OF SALE. In all cases of sales of property the terms must be made known at the time; and if the premises consist of distinct farms or lots, they must be sold separately.
History:
[(6-531) C.C.P. 1881, sec. 517; R.S., R.C., & C.L., sec. 4590; C.S., sec. 7006; I.C.A., sec. 9-531.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-532 - PURCHASE BY REFEREES AND GUARDIANS PROHIBITED.

6-532. PURCHASE BY REFEREES AND GUARDIANS PROHIBITED. Neither of the referees, nor any person for the benefit of either of them, can be interested in any purchase; nor can a guardian of an infant party be interested in the purchase of any real property being the subject of the action, except for the benefit of the infant. All sales contrary to the provisions of this section are void.
History:
[(6-532) C.C.P. 1881, sec. 518; R.S., R.C., & C.L., sec. 4591; C.S., sec. 7007; I.C.A., sec. 9-532.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-533 - REPORT OF SALE.

6-533. REPORT OF SALE. After completing a sale of the property, or any part thereof ordered to be sold, the referees must report the same to the court with a description of the different parcels of lands sold to each purchaser; the name of the purchaser; the price paid or secured; the terms and conditions of the sale, and the securities, if any, taken. The report must be filed in the office of the clerk.
History:
[(6-533) C.C.P. 1881, sec. 519; R.S., R.C., & C.L., sec. 4592; C.S., sec. 7008; I.C.A., sec. 9-533.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-534 - CONFIRMATION AND ORDER FOR CONVEYANCE.

6-534. CONFIRMATION AND ORDER FOR CONVEYANCE. If the sale be confirmed by the court, an order must be entered directing the referees to execute conveyances and take securities pursuant to such sale, which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds of the sale.
History:
[(6-534) C.C.P. 1881, sec. 520; R.S., R.C., & C.L., sec. 4593; C.S., sec. 7009; I.C.A., sec. 9-534.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-535 - LIENHOLDERS AS PURCHASERS.

6-535. LIENHOLDERS AS PURCHASERS. When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him.
History:
[(6-535) C.C.P. 1881, sec. 521; R.S., R.C., & C.L., sec. 4594; C.S., sec. 7010; I.C.A., sec. 9-535.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-536 - RECORD AND EFFECT OF CONVEYANCE.

6-536. RECORD AND EFFECT OF CONVEYANCE. The conveyances must be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action, and against all such parties and persons as were unknown, if the summons were served by publication, and against all persons claiming under them, or either of them, and against all persons having unrecorded deeds or liens at the commencement of the action.
History:
[(6-536) C.C.P. 1881, sec. 522; R.S., R.C., & C.L., sec. 4595; C.S., sec. 7011; I.C.A., sec. 9-536.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-537 - INVESTMENT OF PROCEEDS BELONGING TO UNKNOWNS OR NONRESIDENTS.

6-537. INVESTMENT OF PROCEEDS BELONGING TO UNKNOWNS OR NONRESIDENTS. When there are proceeds of sale belonging to an unknown owner, or to a person without the state, who has no legal representative within it, the same must be invested in securities at interest for the benefit of the persons entitled thereto.
History:
[(6-537) C.C.P. 1881, sec. 523; R.S., R.C., & C.L., sec. 4596; C.S., sec. 7012; I.C.A., sec. 9-537.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-538 - INVESTMENT — WHEN MADE IN RECORDER’S NAME.

6-538. INVESTMENT — WHEN MADE IN RECORDER’S NAME. When the security of the proceeds of sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the recorder of the county where the papers are filed, and his successors in office, who must hold the same for the use and benefit of the parties interested, subject to the order of the court.
History:
[(6-538) C.C.P. 1881, sec. 524; R.S., R.C., & C.L., sec. 4597; C.S., sec. 7013; I.C.A., sec. 9-538.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-539 - INVESTMENT — WHEN MADE IN PARTIES’ NAMES.

6-539. INVESTMENT — WHEN MADE IN PARTIES’ NAMES. When security is taken by the referees on a sale, and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referee, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, such securities must be taken in the names of and payable to the parties respectively entitled thereto, and must be delivered to such parties upon their receipt therefor. Such agreement and receipt must be returned and filed with the clerk.
History:
[(6-539) C.C.P. 1881, sec. 525; R.S., R.C., & C.L., sec. 4598; C.S., sec. 7014; I.C.A., sec. 9-539.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-540 - DUTY OF RECORDER TAKING SECURITY OR MAKING INVESTMENT.

6-540. DUTY OF RECORDER TAKING SECURITY OR MAKING INVESTMENT. The recorder in whose name a security is taken, or by whom an investment is made, and his successors in office, must receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and must deposit with the county treasurer all securities taken, and keep an account in a book provided and kept for that purpose in the recorder’s office, free for inspection by all persons, of investments in moneys received by him thereon and the disposition thereof.
History:
[(6-540) C.C.P. 1881, sec. 526; R.S., R.C., & C.L., sec. 4599; C.S., sec. 7015; I.C.A., sec. 9-540.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-541 - UNEQUAL PARTITION — COMPENSATION.

6-541. UNEQUAL PARTITION — COMPENSATION. When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by one party to another on account of the inequality; but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose, and that his interest will be promoted thereby. And in all cases the court has power to make compensatory adjustment between the respective parties according to the ordinary principles of equity.
History:
[(6-541) C.C.P. 1881, sec. 527; R.S., R.C., & C.L., sec. 4600; C.S., sec. 7016; I.C.A., sec. 9-541.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-542 - SALE OF INFANT’S SHARE — PAYMENT OF PROCEEDS TO GUARDIAN.

6-542. SALE OF INFANT’S SHARE — PAYMENT OF PROCEEDS TO GUARDIAN. When the share of an infant is sold, the proceeds of the sale may be paid by the referee making the sale to his general guardian, or the special guardian appointed for him in the action.
History:
[(6-542) C.C.P., 1881, sec. 528; R.S., R.C., & C.L., sec. 4601; C.S., sec. 7017; I.C.A., sec. 9-542; am. 1971, ch. 111, sec. 9, p. 233.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-543 - SALE OF SHARE OF INCAPACITATED OR PROTECTED PERSON — PAYMENT OF PROCEEDS TO GUARDIAN.

6-543. SALE OF SHARE OF INCAPACITATED OR PROTECTED PERSON — PAYMENT OF PROCEEDS TO GUARDIAN. The guardian who may be entitled to the custody and management of the estate of an incapacitated or protected person whose interest in real property has been sold, may receive, in behalf of such person, his share of the proceeds of such real property from the referees [by a judge of the court, that he will faithfully discharge the trust reposed in him, and will render a true and just account to the person entitled or to his legal representative].
History:
[(6-543) C.C.P., 1881, sec. 529; R.S., R.C., & C.L., sec. 4602; C.S., sec. 7018; I.C.A., sec. 9-543; am. 1971, ch. 111, sec. 10, p. 233; am. 2011, ch. 151, sec. 1, p. 414.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-544 - PARTITION WITHOUT ACTION — CONSENT OF GUARDIAN.

6-544. PARTITION WITHOUT ACTION — CONSENT OF GUARDIAN. The general guardian of an infant, and the guardian entitled to the custody and management of the estate of an incapacitated or protected person, or other person adjudged incapable of conducting his own affairs, who is interested in the real estate held in joint tenancy, or in common, or in any other manner so as to authorize his being made a party to an action for the partition thereof, may consent to a partition without action, and agree upon the share to be set off to such infant or other person entitled, and may execute a release in his behalf to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the court.
History:
[(6-544) C.C.P. 1881, sec. 530; R.S., R.C., & C.L., sec. 4603; C.S., sec. 7019; I.C.A., sec. 9-544; am. 2011, ch. 151, sec. 2, p. 415.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-545 - COSTS OF PARTITION — APPORTIONMENT TO PARTIES — LIEN.

6-545. COSTS OF PARTITION — APPORTIONMENT TO PARTIES — LIEN. The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.
History:
[(6-545) C.C.P. 1881, sec. 531; R.S., R.C., & C.L., sec. 4604; C.S., sec. 7020; I.C.A., sec. 9-545.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-546 - APPOINTMENT OF SINGLE REFEREE.

6-546. APPOINTMENT OF SINGLE REFEREE. The court, with the consent of the parties, may appoint a single referee, instead of three (3) referees, in the proceedings under the provisions of this chapter, and the single referee, when thus appointed, has all the powers and may perform all the duties required of the three (3) referees.
History:
[(6-546) C.C.P. 1881, sec. 532; R.S., R.C., & C.L., sec. 4605; C.S., sec. 7021; I.C.A., sec. 9-546.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-547 - COST OF ABSTRACT OF TITLE.

6-547. COST OF ABSTRACT OF TITLE. If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed to have the same made before the commencement of the action, and any one of the defendants shall have had such abstract afterwards made, the cost of the abstract, with interest thereon from the time the same is subject to inspection of the respective parties to the action, must be allowed and taxed.
History:
[(6-547) C.C.P. 1881, sec. 533; R.S., R.C., & C.L., sec. 4606; C.S., sec. 7022; I.C.A., sec. 9-547.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-601 - WRIT OF SCIRE FACIAS ABOLISHED.

6-601. WRIT OF SCIRE FACIAS ABOLISHED. The writ of scire facias is abolished.
History:
[(6-601) C.C.P. 1881, sec. 534; R.S., R.C., & C.L., sec. 4611; C.S., sec. 7023; I.C.A., sec. 9-601.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-602 - ACTIONS FOR USURPATION OF OFFICE.

6-602. ACTIONS FOR USURPATION OF OFFICE. An action may be brought in the name of the people of the state against any person who usurps, intrudes into, holds or exercises any office or franchise, real or pretended, within this state, without authority of law. Such action shall be brought by the prosecuting attorney of the proper county, when the office or franchise relates to a county, precinct or city, and when such office or franchise relates to the state, by the attorney general; and it shall be the duty of the proper officer, upon proper showing, to bring such action whenever he has reason to believe that any such office or franchise has been usurped, intruded into, held or exercised without authority of law. Any person rightfully entitled to an office or franchise may bring an action in his own name against the person who has usurped, intruded into, or who holds or exercises the same.
History:
[(6-602) R.S., R.C., & C.L., sec. 4612; C.S., sec. 7024; I.C.A., sec. 9-602.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-603 - STATEMENT OF PRIVATE RIGHT — ARREST OF DEFENDANT.

6-603. STATEMENT OF PRIVATE RIGHT — ARREST OF DEFENDANT. Whenever such action is brought in the name of the people of the state, the prosecuting attorney at the request of the person entitled to the office or franchise, in addition to the cause of action in behalf of the people of the state, may set forth the name of the person so entitled, with a statement of his right thereto, and in such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office, and by means of usurpation thereof, an order may be granted by the judge or court wherein the case is pending, for the arrest of such defendant, and holding him to bail, and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.
History:
[(6-603) C.C.P. 1881, sec. 536; R.S., R.C., & C.L., sec. 4613; C.S., sec. 7025; I.C.A., sec. 9-603.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-604 - FORM OF JUDGMENT.

6-604. FORM OF JUDGMENT. In every such case judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as the form of the action and justice may require.
History:
[(6-604) C.C.P. 1881, sec. 537; R.S., R.C., & C.L., sec. 4614; C.S., sec. 7026; I.C.A., sec. 9-604.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-605 - JUDGMENT FOR PERSON ENTITLED TO OFFICE.

6-605. JUDGMENT FOR PERSON ENTITLED TO OFFICE. If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office.
History:
[(6-605) C.C.P. 1881, sec. 538; R.S., R.C., & C.L., sec. 4615; C.S., sec. 7027; I.C.A., sec. 9-605.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-606 - DAMAGES AGAINST USURPER.

6-606. DAMAGES AGAINST USURPER. If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover by action the damages which he may have sustained by reason of the usurpation of the office by the defendant.
History:
[(6-606) C.C.P. 1881, sec. 539; R.S., R.C., & C.L., sec. 4616; C.S., sec. 7028; I.C.A., sec. 9-606.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-607 - ACTIONS AGAINST SEVERAL CLAIMANTS.

6-607. ACTIONS AGAINST SEVERAL CLAIMANTS. When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons in order to try their respective rights to such office or franchise.
History:
[(6-607) C.C.P. 1881, sec. 540; R.S., R.C., & C.L., sec. 4617; C.S., sec. 7029; I.C.A., sec. 9-607.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-608 - JUDGMENT OF OUSTER — FINE.

6-608. JUDGMENT OF OUSTER — FINE. When a defendant against whom such action has been brought is adjudged guilty of usurping or intruding into or unlawfully holding any office, franchise or privilege, judgment must be rendered that such defendant be excluded from the office, franchise or privilege, and that he pay the costs of the action. The court may also, in its discretion, in actions to which the people of the state are a party, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, must be paid into the treasury of the state.
History:
[(6-608) C.C.P. 1881, sec. 541; R.S., R.C., & C.L., sec. 4618; C.S., sec. 7030; I.C.A., sec. 9-608.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-609 - UNDERTAKING REQUIRED OF INFORMER.

6-609. UNDERTAKING REQUIRED OF INFORMER. When the action is brought upon the information or application of a private party, the prosecuting attorney may require such party to enter into an undertaking, with sureties to be approved by the said officer, conditioned that such party or the sureties will pay any judgment for costs or damages recovered against the plaintiff, and all the costs and expenses incurred in the prosecution of the action.
History:
[(6-609) C.C.P. 1881, sec. 542; R.S., R.C., & C.L., sec. 4619; C.S., sec. 7031; I.C.A., sec. 9-609.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-610A - EMPLOYER FURNISHING DEFENSE FOR PUBLIC OFFICER IN CRIMINAL ACTIONS — REQUIREMENTS.

6-610A. EMPLOYER FURNISHING DEFENSE FOR PUBLIC OFFICER IN CRIMINAL ACTIONS — REQUIREMENTS. (1) If a criminal action or proceeding is brought against an employee who is a sheriff, constable, peace officer, commissioned officer of the Idaho state police, or any other person charged with the duty of enforcement of the criminal laws of this state, the employer of the employee charged in the criminal action shall reimburse the employee for reasonable expenses the employee incurred in providing his defense in the criminal action if:
(a) The criminal action or proceeding is brought on account of an act or omission which occurred in the course and scope of the employee’s duties as an employee of the employer; and
(b) The employee provides his own defense in the criminal action and the employee is found not guilty of the criminal charges or the charges are dropped.
(2) For the purposes of this section, employer shall mean the state of Idaho or any office, department, agency, authority, commission, board or other instrumentality thereof, and political subdivisions of the state of Idaho including any city, county or municipal corporation.
History:
[6-610A, added 1987, ch. 175, sec. 1, p. 348; am. 1995, ch. 116, sec. 21, p. 398; am. 2000, ch. 469, sec. 16, p. 1466.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 6 - USURPATION OF OFFICE OR FRANCHISE › Section 6-611 - IMMUNITY FROM LIABILITY.

6-611. IMMUNITY FROM LIABILITY. No public officer may be held either criminally or civilly liable for actions performed under any statute if such statute is subsequently declared by judicial determination to be unconstitutional or otherwise non-existent or void, if such actions would have been legal had such statute not been held by judicial determination to be unconstitutional or otherwise non-existent or void.
History:
[I.C., sec. 6-611, as added by 1959, ch. 5, sec. 1, p. 12.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-701 - DEFAMATORY STATEMENTS UTTERED ON RADIO AND TELEVISION BROADCASTS IN BEHALF OF CANDIDATES — LIABILITY.

6-701. DEFAMATORY STATEMENTS UTTERED ON RADIO AND TELEVISION BROADCASTS IN BEHALF OF CANDIDATES — LIABILITY. The owner, licensee, or operator of a visual or sound radio broadcasting station, or network of stations, or agents or employees of any such owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of any visual or sound radio broadcast by or on behalf of any candidate for public office; Provided, however, that this exemption from liability shall not apply to any owner, licensee, or operator, or agent or employee of any owner, licensee, or operator of such visual or sound radio broadcasting station, or network of stations, when such owner, licensee, or operator, or agent or employee of the owner, licensee, or operator of such visual or sound radio broadcasting station is a candidate for public office or speaking on behalf of a candidate for public office.
History:
[6-701, added 1953, ch. 29, sec. 1, p. 49; am. 2011, ch. 151, sec. 3, p. 415.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-702 - UNIFORM SINGLE PUBLICATION ACT — ONE CAUSE OF ACTION FOR LIBEL OR SLANDER — RECOVERY.

6-702. UNIFORM SINGLE PUBLICATION ACT — ONE CAUSE OF ACTION FOR LIBEL OR SLANDER — RECOVERY. No person shall have more than one (1) cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one (1) edition of a newspaper or book or magazine or any one (1) presentation to an audience or any one (1) broadcast over radio or television or any one (1) exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.
History:
[6-702, added 1953, ch. 109, sec. 1, p. 143.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-703 - JUDGMENT A BAR TO SECOND ACTION.

6-703. JUDGMENT A BAR TO SECOND ACTION. A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in section 6-702, Idaho Code, shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance.
History:
[6-703, added 1953, ch. 109, sec. 2, p. 143; am. 2022, ch. 111, sec. 3, p. 370.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-704 - INTERPRETATION OF ACT.

6-704. INTERPRETATION OF ACT. This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.
History:
[6-704, added 1953, ch. 109, sec. 3, p. 143.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-706 - RADIO OR TELEVISION BROADCASTING STATION OR NETWORK OF STATIONS — PROOF OF MALICE.

6-706. RADIO OR TELEVISION BROADCASTING STATION OR NETWORK OF STATIONS — PROOF OF MALICE. No person, firm, or corporation owning or operating a radio or television broadcasting station or network of stations shall be liable under the laws of libel, slander or defamation on account of having made its broadcasting facilities or network available to any person, in the absence of proof of actual malice on the part of such owner or operator; Provided, however, that this section shall not be construed to amend or modify the provisions of section 6-701, Idaho Code.
History:
[6-706, added 1963, ch. 158, sec. 1, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-707 - RIGHT OF STATION TO REQUIRE SUBMISSION OF MATTER INTENDED TO BE BROADCAST.

6-707. RIGHT OF STATION TO REQUIRE SUBMISSION OF MATTER INTENDED TO BE BROADCAST. Any person, firm, or corporation owning or operating a radio or television broadcasting station shall have the right, but shall not be compelled, to require the submission and permanent filing, in such station, of a copy of the complete address, script or other form of expression, intended to be broadcast over such station before the time of the intended broadcast thereof.
History:
[6-707, added 1963, ch. 158, sec. 2, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-708 - LIMITATIONS AND RESTRICTIONS UPON IMMUNITY FROM LIABILITY — FAILURE TO EXERCISE DUE CARE.

6-708. LIMITATIONS AND RESTRICTIONS UPON IMMUNITY FROM LIABILITY — FAILURE TO EXERCISE DUE CARE. Nothing in this act contained shall be construed to relieve any person broadcasting over a radio or television station from liability under the law of libel, slander or defamation. Nor shall anything in this act be construed to relieve any person, firm, or corporation owning or operating a radio or television broadcasting station or network from liability under the law of libel, slander or defamation on account of any broadcast prepared or made by any such person, firm, or corporation or by any officer or employee thereof in the course of his employment. In no event, however, shall any such person, firm, or corporation be liable for any damages for any defamatory statement or act published or uttered on or as a part of a visual or sound broadcast unless it shall be alleged and proved by the complaining party that such person, firm, or corporation has failed to exercise due care to prevent the publication or utterance of such statement or act in such broadcast. Bona fide compliance with any federal law or the regulation of any federal regulatory agency shall be deemed to constitute such due care as hereinabove mentioned.
History:
[6-708, added 1963, ch. 158, sec. 3, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-709 - LIABILITY IN CASE OF JOINT OPERATION.

6-709. LIABILITY IN CASE OF JOINT OPERATION. In any case where liability shall exist on account of any broadcast where two (2) or more radio or television stations were connected together simultaneously or by transcription, film, or other approved or adapted use for joint operation, in the making of such broadcast, such liability shall be confined and limited solely to the person, firm, or corporation owning or operating the radio or television station which originated such broadcast.
History:
[6-709, added 1963, ch. 158, sec. 4, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-710 - PRIVILEGED BROADCASTS.

6-710. PRIVILEGED BROADCASTS. A privileged broadcast which shall not be considered as libelous, slanderous, or defamatory is one made:
(1) In the proper discharge of an official duty.
(2) In any broadcast of or any statement made in any legislative or judicial proceeding.
(3) By fair and true report, without malice of a judicial, legislative, or other public official proceedings, or of anything said in the course thereof, or of a charge or complaint made by any person to a public official, upon which a warrant shall have been issued or an arrest made.
History:
[6-710, added 1963, ch. 158, sec. 5, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-711 - MALICE NOT INFERRED FROM BROADCAST.

6-711. MALICE NOT INFERRED FROM BROADCAST. In the cases provided for in subdivision (3) of the preceding section, malice is not to be inferred from the mere fact of communication or broadcast.
History:
[6-711, added 1963, ch. 158, sec. 6, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-712 - RETRACTION BY NEWSPAPER, RADIO OR TELEVISION BROADCASTING STATION OR NETWORK OF STATIONS — LIMIT OF RECOVERY.

6-712. RETRACTION BY NEWSPAPER, RADIO OR TELEVISION BROADCASTING STATION OR NETWORK OF STATIONS — LIMIT OF RECOVERY. In any action for damages for the publication of a libel, in a newspaper, or of a slander or libel by radio or television broadcast, plaintiff shall recover no more than actual damages unless a correction be demanded and be not published or broadcast, as hereinafter provided. Plaintiff shall serve upon the publisher, at the place of publication or broadcaster at the place of broadcast, a written notice specifying the statements and the manner in which said statements are claimed to be slanderous or libelous and demanding that the same be corrected. Said notice and demand must be served within 20 days after knowledge of the publication or broadcast of the statement claimed to be slanderous or libelous. If a correction be demanded within said period and be not published or broadcast in substantially as conspicuous a manner in said newspaper or on said radio or television broadcasting station as were the statements claimed to be slanderous or libelous, in a regular issue thereof published or broadcast within three (3) weeks after such service, plaintiff, if he proves such notice, demand and failure to correct, and if his cause of action be maintained, may recover general, actual and exemplary damages; provided that no exemplary damages may be recovered unless the plaintiff shall prove that defendant made the publication or broadcast with actual malice, and actual malice shall not be inferred or presumed from the publication or broadcast. A correction published or broadcast in substantially as conspicuous a manner in said newspaper or on said broadcasting station as the statements claimed in the complaint to be defamatory, prior to receipt of a demand therefor, shall be of the same force and effect as though such correction has been published or broadcast within three (3) weeks after a demand therefor.
History:
[6-712, added 1963, ch. 158, sec. 7, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-713 - PRIVILEGED PUBLICATION IN NEWSPAPER DEFINED.

6-713. PRIVILEGED PUBLICATION IN NEWSPAPER DEFINED. A privileged publication in a newspaper which shall not be considered as libelous is one made:
(1) In the proper discharge of an official duty.
(2) In any publication of or any statement made in any legislative or judicial proceeding.
(3) In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information.
(4) By a fair and true report, without malice, of a judicial, legislative or other public official proceeding, or of anything said in the course thereof, or of a charge or complaint made by any person to a public official, upon which a warrant shall have been issued or an arrest made.
History:
[6-713, added 1963, ch. 158, sec. 8, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 7 - LIBEL AND SLANDER › Section 6-714 - MALICE NOT INFERRED FROM PUBLICATION.

6-714. MALICE NOT INFERRED FROM PUBLICATION. In the cases provided for in subdivisions (3) and (4) of the preceding section, malice is not inferred from the communication or publication.
History:
[6-714, added 1963, ch. 158, sec. 9, p. 459.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 8 - ACTIONS FOR NEGLIGENCE › Section 6-801 - COMPARATIVE NEGLIGENCE OR COMPARATIVE RESPONSIBILITY — EFFECT OF CONTRIBUTORY NEGLIGENCE.

6-801. COMPARATIVE NEGLIGENCE OR COMPARATIVE RESPONSIBILITY — EFFECT OF CONTRIBUTORY NEGLIGENCE. Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.
History:
[6-801, added 1971, ch. 186, sec. 1, p. 862; am. 1987, ch. 278, sec. 2, p. 577.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 8 - ACTIONS FOR NEGLIGENCE › Section 6-802 - VERDICT GIVING PERCENTAGE OF NEGLIGENCE OR COMPARATIVE RESPONSIBILITY ATTRIBUTABLE TO EACH PARTY.

6-802. VERDICT GIVING PERCENTAGE OF NEGLIGENCE OR COMPARATIVE RESPONSIBILITY ATTRIBUTABLE TO EACH PARTY. The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of negligence or comparative responsibility attributable to each party; and the court shall then reduce the amount of such damages in proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.
History:
[6-802, added 1971, ch. 186, sec. 2, p. 862; am. 1987, ch. 278, sec. 3, p. 577.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 8 - ACTIONS FOR NEGLIGENCE › Section 6-803 - CONTRIBUTION AMONG JOINT TORTFEASORS — DECLARATION OF RIGHT — EXCEPTION — LIMITED JOINT AND SEVERAL LIABILITY.

6-803. CONTRIBUTION AMONG JOINT TORTFEASORS — DECLARATION OF RIGHT — EXCEPTION — LIMITED JOINT AND SEVERAL LIABILITY. (1) The right of contribution exists among joint tortfeasors, but a joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.
(2) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.
(3) The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section. In any action in which the trier of fact attributes the percentage of negligence or comparative responsibility to persons listed on a special verdict, the court shall enter a separate judgment against each party whose negligence or comparative responsibility exceeds the negligence or comparative responsibility attributed to the person recovering. The negligence or comparative responsibility of each such party is to be compared individually to the negligence or comparative responsibility of the person recovering. Judgment against each such party shall be entered in an amount equal to each party’s proportionate share of the total damages awarded.
(4) As used herein, "joint tortfeasor" means one (1) of two (2) or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.
(5) A party shall be jointly and severally liable for the fault of another person or entity or for payment of the proportionate share of another party where they were acting in concert or when a person was acting as an agent or servant of another party. As used in this section, "acting in concert" means pursuing a common plan or design which results in the commission of an intentional or reckless tortious act.
History:
[6-803, added 1971, ch. 186, sec. 3, p. 862; am. 1987, ch. 278, sec. 4, p. 578; am. 1990, ch. 120, sec. 1, p. 290; am. 2003, ch. 122, sec. 1, p. 370.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 8 - ACTIONS FOR NEGLIGENCE › Section 6-804 - COMMON LAW LIABILITIES PRESERVED.

6-804. COMMON LAW LIABILITIES PRESERVED. Nothing in this act affects:
(1) The common law liability of the several joint tortfeasors to have judgment recovered and payment made from them individually by the injured person for the whole injury shall be limited to causes of action listed in section 6-803, Idaho Code. However, the recovery of a judgment by the injured person against one (1) joint tortfeasor does not discharge the other joint tortfeasors.
(2) Any right of indemnity under existing law.
History:
[6-804, added 1971, ch. 186, sec. 4, p. 862; am. 1987, ch. 278, sec. 5, p. 578.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 8 - ACTIONS FOR NEGLIGENCE › Section 6-805 - EFFECT OF RELEASE OF ONE TORTFEASOR ON LIABILITY OF OTHERS.

6-805. EFFECT OF RELEASE OF ONE TORTFEASOR ON LIABILITY OF OTHERS. (1) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides, but, unless otherwise provided in subsection (2) of this section, reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if such amount or proportion is greater than the consideration paid.
(2) A release by the injured person of one (1) or more tortfeasors who are not jointly and severally liable to the injured person, whether before or after judgment, does not discharge another tortfeasor or reduce the claim against another tortfeasor unless the release so provides and the negligence or comparative responsibility of the tortfeasor receiving the release is presented to and considered by the finder of fact, whether or not the finder of fact apportions responsibility to the tortfeasor receiving the release.
History:
[6-805, added 1971, ch. 186, sec. 5, p. 862; am. 1991, ch. 249, sec. 1, p. 617.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 8 - ACTIONS FOR NEGLIGENCE › Section 6-806 - EFFECT OF RELEASE OF ONE TORTFEASOR ON HIS LIABILITY FOR CONTRIBUTION TO OTHERS — LIMITS ON APPLICATION OF SECTION.

6-806. EFFECT OF RELEASE OF ONE TORTFEASOR ON HIS LIABILITY FOR CONTRIBUTION TO OTHERS — LIMITS ON APPLICATION OF SECTION. A release by the injured person of one (1) joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person’s damages recoverable against all the other tortfeasors. This section shall apply only if the issue of proportionate fault is litigated between joint tortfeasors in the same action.
History:
[6-806, added 1971, ch. 186, sec. 6, p. 862.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 8 - ACTIONS FOR NEGLIGENCE › Section 6-807 - LIMITATION ON THE RECOVERY OF DAMAGES — REDUCING OR INCREASING AN AWARD.

6-807. LIMITATION ON THE RECOVERY OF DAMAGES — REDUCING OR INCREASING AN AWARD. (1) In all civil actions in which there has been an award of damages as herein defined, the trial judge may, in his discretion, and after considering all of the evidence, alter such portion of the award representing damages if the amount awarded; (a) is unsupported or unjustified by the clear weight of the evidence; or (b) is so unreasonably disproportionate to the loss or damage suffered or to be suffered as to be unconscionable or so as to shock the conscience of the court; or (c) is the product of a legal error or mistake during the presentation of the evidence or submission of the case to the trier of fact; or (d) is demonstrated to be more likely than not the product of passion or prejudice on the part of the trier of fact.
(2) If the court finds that the award of damages is unreasonably great or small by reason of any one or more of the factors set forth above, then the district court may exercise its discretion to reduce or increase such award in order to make the same consistent with the losses as shown by the evidence. In the event that the court shall enter any such order, it shall make detailed findings of fact and conclusions of law explaining the reason for its action, the amount of any increase or reduction, and the basis therefore.
History:
[6-807, added 1987, ch. 278, sec. 6, p. 579; am. 1992, ch. 86, sec. 1, p. 270.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 8 - ACTIONS FOR NEGLIGENCE › Section 6-808 - CIVIL IMMUNITY FOR SELF-DEFENSE.

6-808. CIVIL IMMUNITY FOR SELF-DEFENSE. (1) A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is immune from any civil liability for the use of such force except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties.
(2) The court shall award reasonable attorney’s fees and costs incurred by the defendant in any civil action if the court finds that the defendant is immune from such action pursuant to this section.
(3) As used in this section, "law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.
History:
[6-808, added 2006, ch. 453, sec. 1, p. 1345.]