reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-718 - DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT.

11-718. DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT. (1) Debts, moneys and credits due or owing by the state of Idaho to any person whomsoever, except an elective official of the state of Idaho, shall be subject to execution and garnishment after final judgment against such person for the satisfaction of such judgment by service by the sheriff of the debtor’s county of residence in Idaho, upon the state controller of a copy of the writ of execution and a notice of garnishment signed by such officer in duplicate. The state controller shall at the time of such service collect a fee of ten dollars ($10.00) therefor from said officer. The state controller shall thereafter have a period of thirty (30) days in which to answer said notice of garnishment. The state controller shall pay, in the usual manner provided by law to the officer serving said writ of execution and notice of judgment, the amount necessary to satisfy said judgment excluding any exemption as provided by law. The officer’s receipt therefor shall be a sufficient release of the state of Idaho and the state controller, of said claim of such person.
(2) The tax refund of any taxpayer may be subject to execution and garnishment under this section. In the case of garnishment of a tax refund due to a taxpayer, the plaintiff or his attorney shall provide in the written instructions to the Ada county sheriff the full name and social security number of the taxpayer subject to the garnishment, that shall be served with the writ of execution and notice of garnishment. The Ada county sheriff, state controller and state tax commission shall cooperate as necessary, including the sharing of garnishee information, in order to carry out the garnishment of a tax refund as provided in this section.
(3) Notwithstanding any provision in this title to the contrary, in the case of garnishment of a tax refund due to a taxpayer, the state controller shall hold the writ for a period of one hundred fifty (150) days after service or until the date it is determined that a refund is due the taxpayer, whichever occurs first, at which time the state controller shall thereafter have a period of thirty (30) days in which to answer such notice of garnishment. The Ada county sheriff shall file a return on the writ as soon as practicable after receipt of the state controller’s answer, but if no answer is received from the state controller by one hundred ninety (190) days after service, the sheriff shall file a final return to that effect and close the garnishment.
History:
[11-718, added 2017, ch. 303, sec. 9, p. 810.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-719 - ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE.

11-719. ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE. Upon a copy of the interrogatories being served upon him, the garnishee shall make full and true answer to the same under oath and filed in the cause within five (5) days thereafter. If he fails to do so, the judgment creditor may take judgment against him by default, or the court may, upon motion, compel him to answer by attachment. But no final judgment shall be rendered against the garnishee until there shall be a final judgment against the judgment debtor; nor shall judgment be rendered for a greater amount than the debt claimed by the judgment creditor with interest and costs, nor for a greater amount than the garnishee shall appear to be liable for to the judgment debtor; nor shall execution issue against a garnishee until the maturity of his debt to the judgment debtor.
History:
[11-719, added 2017, ch. 303, sec. 9, p. 811.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-720 - EXCEPTION TO ANSWER — AMENDMENT.

11-720. EXCEPTION TO ANSWER — AMENDMENT. The judgment creditor may, within thirty (30) days of the answer of the garnishee, except to the answer of the garnishee for insufficiency, and if adjudged insufficient, the court may allow him to amend it in such time and on such terms as shall be just.
History:
[11-720, added 2017, ch. 303, sec. 9, p. 811; am. 2021, ch. 186, sec. 4, p. 512.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-721 - DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION.

11-721. DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION. The judgment creditor may deny the answer of the garnishee in whole or in part without oath, and allege specially the grounds upon which a recovery is sought against the garnishee, to which the garnishee may reply either generally or specially, and the issue presented by such denial and reply, shall be tried as ordinary issues between judgment creditor and judgment debtor, and judgment rendered thereon and execution issued accordingly except as herein otherwise provided.
History:
[11-721, added 2017, ch. 303, sec. 9, p. 811.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-722 - JUDGMENT ON ANSWER — COSTS AND ALLOWANCES.

11-722. JUDGMENT ON ANSWER — COSTS AND ALLOWANCES. If the answer of the garnishee be not excepted to, or denied within three (3) days after its filing, unless the court, or judge in vacation, for good cause shown, gives longer time, it shall be taken to be true and sufficient, and if in such case any indebtedness or liability is admitted, judgment shall be rendered accordingly, and the garnishee shall be allowed a reasonable sum out of the funds or property confessed in his hands for his trouble and expense in answering. If all liability is denied, and the denial is uncontroverted, the garnishee shall be discharged at the cost of the judgment creditor. In contested cases the costs shall be adjudged as in ordinary cases between judgment creditor and judgment debtor.
History:
[11-722, added 2017, ch. 303, sec. 9, p. 811.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-723 - JUDGMENT AGAINST GARNISHEE.

11-723. JUDGMENT AGAINST GARNISHEE. If the garnishee admits in his answer that he is indebted to the judgment debtor, or has money or property of the judgment debtor in his hands, or under his control, and fails or refuses to turn the same over to the officer as in section 11-716, Idaho Code, provided, the judgment creditor may move the court out of which the writ issued, on or before the return day thereof, for judgment against the garnishee for the amount of such admitted debt, or for the delivery to the officer of the money or property of the judgment debtor in his hands, to an amount sufficient to satisfy the judgment creditor’s claim; serving the garnishee with due notice of the said motion; and at the hearing thereof the court shall render such judgment as shall be conformable to law and the facts shown to exist.
History:
[11-723, added 2017, ch. 303, sec. 9, p. 812.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-724 - ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE.

11-724. ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE. If the garnishee shall allege in his answer that he is indebted to the judgment debtor, but declare his belief under oath that the debt has been assigned to some other person, while naming such person, and the judgment creditor shall file a reply, denying the fact, or the force and validity of the alleged assignment, the court shall thereupon make an order requiring the alleged assignee to appear, on a day to be therein named, and show cause why the alleged assignment should not be disregarded. Such order shall be served upon the supposed assignee, if within the jurisdiction of the court, at least fifteen (15) days before the return day thereof. But, if he cannot be found, or is out of the jurisdiction of the court, he may be brought in by publication as in other civil cases; provided, that the order shall be published instead of the summons, and that such publication need only be made for three (3) weeks successively, and that the last insertion thereof need not be more than fifteen (15) days before the return day thereof.
History:
[11-724, added 2017, ch. 303, sec. 9, p. 812.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-725 - ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE.

11-725. ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE. Upon the return day of the order of notice, or upon such other day to which the trial may be postponed, if the alleged assignee fails to appear, or appearing, fails to assert any claim as such assignee, the alleged assignment shall be disregarded, but if he shall appear and set up a claim as assignee, the existence, force and validity of the alleged assignment shall be tried as similar issues between judgment creditor and judgment debtor, and such judgment shall be rendered as shall be conformable to the facts and the law.
History:
[11-725, added 2017, ch. 303, sec. 9, p. 812.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-726 - LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER.

11-726. LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER. The garnishee shall not be held liable on any debt due upon negotiable paper unless such paper is delivered up to him, or he is fully exonerated or indemnified against any liability thereon after he may have satisfied the judgment. But if it shall be made to appear to the satisfaction of the court in which the proceedings are pending, that the paper is in the possession or control of the judgment debtor, he may be compelled to produce it by attachment.
History:
[11-726, added 2017, ch. 303, sec. 9, p. 812.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-727 - LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES.

11-727. LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES. No sheriff, constable, or other officer charged with the collection of money shall, prior to the return day of the execution upon which the same may be made, be liable to be summoned as a garnishee, nor shall any county collector or municipal corporation or any officer thereof, nor administrator or executor of any estate, prior to the allowance of a demand found to be due by his estate, or prior to an order of distribution or for the payment of debts and legacies, be liable in their official capacities as garnishee.
History:
[11-727, added 2017, ch. 303, sec. 9, p. 812.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-728 - FEE FOR EMPLOYER — GARNISHEE.

11-728. FEE FOR EMPLOYER — GARNISHEE. When the garnishee is the employer of the judgment debtor, the garnishee may deduct a onetime fee to cover the costs associated with administering the garnishment. The fee to be deducted shall not exceed ten dollars ($10.00) and shall be deducted from the employer’s first answer to the writ from money remitted to the sheriff.
History:
[11-728, added 2017, ch. 303, sec. 9, p. 812.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-729 - SHERIFF FEE FOR SERVICE.

11-729. SHERIFF FEE FOR SERVICE. (1) The board of county commissioners of each respective county shall have the power to set sheriff’s fees by resolution of the board for serving an initial order of garnishment and writ of execution. The board may also set an additional lesser fee for making an interim return on a continuing garnishment to show disbursement of moneys held by the sheriff for return service, including for receiving and paying over money from any money garnishment, and including wage garnishment or financial institution garnishment. These fees shall be established using criteria determined by the board not to exceed actual costs directly incurred for order of garnishment and writ of execution service.
(2) At the time of adoption of the resolution establishing any fee authorized in this section, the board shall annually publish on the county website all the criteria used to establish the total fee and the value of each criterion’s proportionate share of the total fee. The initial garnishment and continuing service fee herein allowed shall be collected from the judgment debtor.
History:
[11-729, added 2017, ch. 303, sec. 9, p. 813.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-730 - APPEALS IN GARNISHMENT PROCEEDINGS.

11-730. APPEALS IN GARNISHMENT PROCEEDINGS. Appeals may be taken, heard and determined in cases arising under sections 11-708, 11-711, 11-716, 11-719 through 11-727, and 11-731, Idaho Code, in the same manner and with like effect as is now, or may hereafter be, provided by law for appeals in ordinary civil actions.
History:
[11-730, added 2017, ch. 303, sec. 9, p. 813.]
2023 Idaho Code › Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS › Chapter 7 - GARNISHMENTS › Section 11-731 - APPLICATION OF PRECEDING SECTIONS.

11-731. APPLICATION OF PRECEDING SECTIONS. The provisions of sections 11-708, 11-711, 11-716, 11-719 through 11-727, and 11-730, Idaho Code, inclusive, shall apply to all courts of competent jurisdiction.
History:
[11-731, added 2017, ch. 303, sec. 9, p. 813.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 1 - COSTS › Section 12-101 - COSTS.

12-101. COSTS. Costs shall be awarded by the court in a civil trial or proceeding to the parties in the manner and in the amount provided for by the Idaho Rules of Civil Procedure.
History:
[12-101, added 1977, ch. 4, sec. 1, p. 9.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 1 - COSTS › Section 12-107 - COSTS ON APPEAL.

12-107. COSTS ON APPEAL. In the following cases the costs of appeal are in the discretion of the courts:
1. When a new trial is ordered.
2. When a judgment is modified. In all other cases the prevailing party shall recover costs, including his costs below when the appeal is to the district court.
History:
[(12-107) C.C.P. 1881, sec. 698; R.S., R.C., & C.L., sec. 4906; C.S., sec. 7212; I.C.A., sec. 12-107.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 1 - COSTS › Section 12-114 - TAXATION OF COSTS ON APPEAL IN SUPREME COURT.

12-114. TAXATION OF COSTS ON APPEAL IN SUPREME COURT. Whenever costs are awarded to a party by an appellate court, if he claims such costs he must tax the same before the clerk of the Supreme Court, subject to exception and review by the Supreme Court or the judges thereof, within such time and subject to such regulations as the Supreme Court shall by rule direct, and the same when taxed shall be certified by the clerk of the Supreme Court to the clerk of the court from which the appeal was taken, to be there entered as a judgment and to be enforced by execution as in the case of other judgments.
History:
[(12-114) C.C.P. 1881, sec. 704; R.S. & R.C., sec. 4913; am. 1911, ch. 204, sec. 1, p. 673; reen. C.L., sec. 4913; C.S., sec. 7219; I.C.A., sec. 12-114.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 1 - COSTS › Section 12-116 - ASSIGNMENT OF JURY COSTS.

12-116. ASSIGNMENT OF JURY COSTS. (1) If a civil action is settled by the parties involved therein within twenty-four (24) hours of the time for which the civil action is scheduled for trial, and/or notice of settlement is not given to the court at least twenty-four (24) hours before the scheduled trial time, the court may, based upon the circumstances of such settlement, assess and apportion as costs between and among the parties to the action, in the sound discretion of the court, all jury fees and expenses incurred by the county arising from impaneling or furnishing jurors for the civil action.
(2) The costs provided for in subsection (1) of this section shall be in addition to any costs which may be assessed pursuant to the Idaho rules of civil procedure.
(3) Moneys collected by the court pursuant to this section shall be deposited in the county treasury from which the jurors were paid.
History:
[12-116, added 1985, ch. 217, sec. 1, p. 528.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 1 - COSTS › Section 12-118 - COSTS AGAINST THE STATE — HOW PAID.

12-118. COSTS AGAINST THE STATE — HOW PAID. When the state is a party and costs are awarded against it, they must be paid out of the state treasury, and the state controller shall draw his warrant therefor on the general fund.
History:
[(12-118) C.C.P. 1881, sec. 708; R.S., R.C., & C.L., sec. 4917; C.S., sec. 7223; I.C.A., sec. 12-118; am. 1994, ch. 180, sec. 9, p. 428.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 1 - COSTS › Section 12-119 - COSTS AGAINST A COUNTY — HOW PAID.

12-119. COSTS AGAINST A COUNTY — HOW PAID. When a county is a party and costs are awarded against it, they must be paid out of the county treasury.
History:
[(12-119) C.C.P. 1881, sec. 709; R.S., R.C., & C.L., sec. 4918; C.S., sec. 7224; I.C.A., sec. 12-119.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 1 - COSTS › Section 12-121 - ATTORNEY’S FEES.

12-121. ATTORNEY’S FEES. In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. This section shall not alter, repeal or amend any statute that otherwise provides for the award of attorney’s fees. The term "party" or "parties" is defined to include any person, partnership, corporation, association, private organization, the state of Idaho or political subdivision thereof.
History:
[12-121, added 1976, ch. 349, sec. 1, p. 1158; am. 1987, ch. 263, sec. 2, p. 555; am. 2017, ch. 47, sec. 2, p. 76.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 1 - COSTS › Section 12-122 - ATTORNEY’S FEES IN HABEAS CORPUS ACTIONS.

12-122. ATTORNEY’S FEES IN HABEAS CORPUS ACTIONS. In any habeas corpus action brought by a state penitentiary or county jail inmate, the judge shall award reasonable attorney’s fees to the respondent, if, in the judgment of the court, the habeas corpus action was brought frivolously by the petitioner.
In all habeas corpus actions which result in a denial or dismissal of a writ of habeas corpus, the court shall make a specific finding whether or not the habeas corpus action was brought frivolously by the petitioner.
For purposes of this section, "brought frivolously," shall mean that the petitioner petitioned the court for a writ of habeas corpus based upon claims which either had no basis in fact or, even if the factual allegations were true, they did not, as a matter of law, justify any relief to the petitioner; provided, however, that the court, in its discretion, may determine that the action was not brought frivolously when the action involves a material issue of law that has not been settled by statute or by supreme court decision in this state.
History:
[12-122, added 1983, ch. 248, sec. 1, p. 669.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 3 - INTEREST ON OFFERS OF SETTLEMENT › Section 12-301 - INTEREST ON OFFERS OF SETTLEMENT.

12-301. INTEREST ON OFFERS OF SETTLEMENT. (a) After commencement of any civil action based upon a claim for relief arising in tort, from property damage, personal injury or wrongful death, any claimant may at any time, no later than ten (10) days before the trial, serve upon an adverse party, a written offer of settlement, offering to settle his claim in such action and to stipulate to a judgment for a sum certain, including any attorney fees allowable by law and costs of litigation then accrued.
(b) If the adverse party, at any time after service of such offer of settlement and prior to its revocation, serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance, together with proof of service thereof, and thereupon judgment shall be entered for the amount of the offer. In the event that an offer of settlement is revoked by a claimant or not accepted, evidence of the offer is not admissible except in a proceeding to determine costs or to award interest pursuant to this section.
(c) If such offer of settlement is not accepted prior to trial pursuant to subsection (b) above, and the action reaches a final judgment by the court after trial, the court shall inquire as to whether any prevailing claimant made an offer of settlement, pursuant to subsection (a) of this section, which an adverse party failed to accept. If the court finds that such claimant has recovered an amount equal to or greater than his offer of settlement, the court shall add to the judgment, annual interest on the amount contained in such offer, computed from the date that the offer of settlement was served and shall enter judgment accordingly. For purposes of such computation, the last offer of settlement which was equal to or less than the damages awarded such claimant, together with the costs and attorney fees, if any, awarded to him shall be used. A subsequent offer made pursuant to subsection (a) revokes any previous offer.
(d) For purposes of this section, "annual interest" shall mean the rate specified in section 28-22-104(2), Idaho Code.
History:
[12-301, added 1987, ch. 278, sec. 11, p. 582.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 3 - INTEREST ON OFFERS OF SETTLEMENT › Section 12-302 - EFFECT ON CIVIL RULES.

12-302. EFFECT ON CIVIL RULES. This chapter shall not amend rule 68 of the Idaho rules of civil procedure.
History:
[12-302, added 1987, ch. 278, sec. 11, p. 583.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 3 - INTEREST ON OFFERS OF SETTLEMENT › Section 12-303 - SHORT TITLE.

12-303. SHORT TITLE. This chapter shall be known as the "Interest on Offers of Settlement."
History:
[12-303, added 1987, ch. 278, sec. 11, p. 583.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 6 - GENERAL PROVISIONS › Section 12-612 - ACTIONS AGAINST SHERIFFS — NOTICE TO INDEMNITORS.

12-612. ACTIONS AGAINST SHERIFFS — NOTICE TO INDEMNITORS. If an action is brought against a sheriff for an act done by virtue of his office, and he gives written notice thereof to the sureties on any bond of indemnity received by him, the judgment recovered therein is conclusive evidence of his right to recover against such sureties; and the court, or judge in vacation, may, on motion, upon notice of five (5) days, order judgment to be entered up against them for the amount so recovered, including costs.
History:
[(12-612) C.C.P. 1881, sec. 720; R.S., R.C., & C.L., sec. 4933; C.S., sec. 7235; I.C.A., sec. 12-612.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 6 - GENERAL PROVISIONS › Section 12-613 - GENERAL FORM OF UNDERTAKING.

12-613. GENERAL FORM OF UNDERTAKING. Whenever a party to an action or proceeding desires to give an undertaking provided to be given by law, it shall be sufficient if the sureties sign an undertaking indicating that they are thereby bound to the obligations of the statute requiring the undertaking to be given. Such undertaking may be in form as follows:
(Title of court. Title of cause.)
Whereas, the …. desires to give an undertaking for (state what) …., now, therefore, we the undersigned sureties, do hereby obligate ourselves jointly and severally, to (name who) …. under said statutory obligations in the sum of …. dollars.
The sureties so signing such undertaking are bound to the full statutory obligations of the statute requiring the undertaking.
History:
[(12-613) 1895, p. 18, secs. 1-3; reen. 1899, p. 235, secs. 1-3; reen. R.C. & C.L., sec. 4933a; C.S., sec. 7236; I.C.A., sec. 12-613.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 6 - GENERAL PROVISIONS › Section 12-614 - JUSTIFICATION OF SURETIES.

12-614. JUSTIFICATION OF SURETIES. In all cases where an undertaking, with sureties, is required by the provisions of this code, the officer taking the same must require the sureties to accompany it with an affidavit that they are each residents and householders or freeholders within the state, and each are worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution; but when the amount specified in the undertaking exceeds $2000.00, and there are more than two (2) sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties.
History:
[(12-614) C.C.P. 1881, sec. 721; R.S., R.C., & C.L., sec. 4934; C.S., sec. 7237; I.C.A., sec. 12-614.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 6 - GENERAL PROVISIONS › Section 12-615 - PARTIES NOT REQUIRED TO GIVE BOND.

12-615. PARTIES NOT REQUIRED TO GIVE BOND. In any civil action or proceeding wherein the state or the people of the state is a party plaintiff, or any state officer, in his official capacity, or on behalf of the state, or any county or city, is a party plaintiff or defendant, no bond, written undertaking or security can be required of the state, or the people thereof, or any officer thereof, or any county or city; but on complying with the other provisions of this code the state, or the people thereof, or any state officer acting in his official capacity, or any county or city, have the same rights, remedies and benefits as if the bond, undertaking or security were given and approved as required by this code.
History:
[(12-615) C.C.P. 1881, sec. 722; R.S., R.C., & C.L., sec. 4935; C.S., sec. 7238; I.C.A., sec. 12-615.]
2023 Idaho Code › Title 12 - COSTS AND MISCELLANEOUS MATTERS IN CIVIL ACTIONS › Chapter 6 - GENERAL PROVISIONS › Section 12-616 - SUBROGATION OF SURETIES.

12-616. SUBROGATION OF SURETIES. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, he is substituted to the rights of the judgment creditor and is entitled to control, enforce and satisfy such judgments in all respects as if he had recovered the same.
History:
[(12-616) C.C.P. 1881, sec. 723; R.S., R.C., & C.L., sec. 4936; C.S., sec. 8239; I.C.A., sec. 12-616.]
2023 Idaho Code › Title 13 - APPEALS IN CIVIL ACTIONS › Chapter 2 - APPEALS TO SUPREME COURT FROM DISTRICT COURTS › Section 13-201 - CIVIL JUDGMENTS AND ORDERS APPEALABLE — TIME FOR TAKING APPEALS.

13-201. CIVIL JUDGMENTS AND ORDERS APPEALABLE — TIME FOR TAKING APPEALS. An appeal may be taken to the supreme court from a district court in any civil action by such parties from such orders and judgments, and within such times and in such manner as prescribed by rule of the supreme court.
History:
[13-201, added 1977, ch. 170, sec. 6, p. 438.]
2023 Idaho Code › Title 13 - APPEALS IN CIVIL ACTIONS › Chapter 2 - APPEALS TO SUPREME COURT FROM DISTRICT COURTS › Section 13-202 - STAY OF PROCEEDINGS PENDING APPEAL.

13-202. STAY OF PROCEEDINGS PENDING APPEAL. (1) Upon and after an appeal of a judgment or order of the district court in a civil action, the judgment or order appealed from, or any other order or proceeding in the action may be stayed by the district court or the supreme court as provided by rule of the supreme court.
(2) If a plaintiff in a civil action obtains a judgment for punitive damages, the supersedeas bond or cash deposit requirements shall be waived as to that portion of the punitive damages that exceeds one million dollars ($1,000,000) if the party or parties found liable seek a stay of enforcement of the judgment during the appeal.
(3) If the plaintiff proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond or cash deposit requirement has been waived, is purposefully dissipating its assets or diverting assets outside the jurisdiction of the United States courts, waiver may be rescinded and the bond or cash deposit requirements may be reinstated for the full amount of the judgment.
(4) The supersedeas bond or cash deposit requirements may also be waived in any action for good cause shown as provided by rule of the supreme court.
History:
[13-202, added 1977, ch. 170, sec. 7, p. 438; am. 2003, ch. 122, sec. 4, p. 372.]
2023 Idaho Code › Title 13 - APPEALS IN CIVIL ACTIONS › Chapter 2 - APPEALS TO SUPREME COURT FROM DISTRICT COURTS › Section 13-203 - RECORD ON APPEAL.

13-203. RECORD ON APPEAL. The clerk’s record and reporter’s transcript in an appeal of a civil action to the supreme court shall contain such portions and documents of the proceedings in the district court, and be prepared, processed and transmitted to the supreme court as provided by rule of the supreme court.
History:
[13-203, added 1977, ch. 170, sec. 8, p. 438.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-101 - COUNTY TREASURER AS PUBLIC ADMINISTRATOR — OATH AND BOND — NEW OR ADDITIONAL BOND.

14-101. COUNTY TREASURER AS PUBLIC ADMINISTRATOR — OATH AND BOND — NEW OR ADDITIONAL BOND. The county treasurers of the various counties of this state are hereby declared to be ex officio public administrators in their respective counties. Each public administrator shall, before he enters upon the duties of his office, take and file his official oath and execute and file an official bond, conditioned as the bonds of other county officers are, with two good and sufficient sureties, in a sum not less than $2,000: provided, that the probate court may, upon reasonable cause therefor shown, require at any time a new official bond, or an additional bond, to be given upon ten (10) days’ notice in writing.
History:
[(14-101) 1881, p. 292, sec. 1; R.S., R.C., & C.L., sec. 5680; C.S., sec. 7775; I.C.A., sec. 15-1601; am. 1971, ch. 111, sec. 6, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-102 - ESTATES TO BE ADMINISTERED.

14-102. ESTATES TO BE ADMINISTERED. (1) Every public administrator must make an initial determination of the absence of an heir or will, and take charge of the estates of persons who, upon their death, reside within his county, as follows:
(a) Of the estates of decedents for which no personal representatives are appointed, and which, in consequence thereof, are being wasted, uncared for or lost and of estates which he is directed to administer by virtue of the provisions of subsection (a)(7) of section 15-3-203 of this code;
(b) Of the estates of decedents who have no known heirs;
(c) Of estates ordered into his hands by the court, and of estates to which the state of Idaho is an heir.
(2) The public administrator must, until a personal representative is appointed, take charge of the property, located in the state of Idaho, of persons dying within his county who resided outside the state at the time of death.
History:
[(14-102) R.S., R.C., & C.L., sec. 5681; C.S., sec. 7776; I.C.A., sec. 15-1602; am. 1971, ch. 111, secs. 6, 13, p. 233; am. 1996, ch. 69, sec. 1, p. 213.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-103 - AUTHORITY PRIOR TO APPOINTMENT — PROCUREMENT OF LETTERS.

14-103. AUTHORITY PRIOR TO APPOINTMENT — PROCUREMENT OF LETTERS. When a county treasurer is entitled to administer an estate as public administrator, prior to appointment he is authorized to act on behalf of the estate to identify, secure, protect and take charge of all tangible and intangible assets, including incurring reasonable expenses for those purposes, provided that no disbursement from or liquidation of such assets shall be made prior to issuance of letters of administration. Whenever a public administrator takes charge of an estate which he is entitled to administer without letters of administration being issued, or by order of the court, he must, with all convenient dispatch, procure letters of administration thereon. No notice of application for letters by a public administrator is necessary, and his official bond and oath are in lieu of the personal representative’s bond and oath, but when real estate is ordered to be sold, another bond may be required by the court.
History:
[(14-103) R.S., R.C., & C.L., sec. 5682; C.S., sec. 7777; I.C.A., sec. 15-1603; am. 1971, ch. 111, secs. 6, 14, p. 233; am. 1999, ch. 104, sec. 1, p. 329.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-104 - DEATH OF INTESTATE STRANGER — PUBLIC ADMINISTRATOR TO BE NOTIFIED.

14-104. DEATH OF INTESTATE STRANGER — PUBLIC ADMINISTRATOR TO BE NOTIFIED. Whenever a stranger, or person without known heirs, dies intestate in the house or on the premises of another, the possessor of such premises, or anyone knowing the facts, must give notice thereof to the public administrator of the county within seventy-two (72) hours of knowledge of a death; in default of so doing, he is liable for any damage that may be sustained thereby, to be recovered by the public administrator, or any party interested.
History:
[(14-104) R.S., R.C., & C.L., sec. 5683; C.S., sec. 7778; I.C.A., sec. 15-1604; am. 1971, ch. 111, sec. 6, p. 233; am. 1996, ch. 69, sec. 2, p. 214; am. 2022, ch. 62, sec. 1, p. 194.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-105 - INVENTORY BY PUBLIC ADMINISTRATOR — PROCEDURES AND DISTRIBUTION OF RESIDUAL.

14-105. INVENTORY BY PUBLIC ADMINISTRATOR — PROCEDURES AND DISTRIBUTION OF RESIDUAL. (1) The public administrator must make and return an inventory of all assets of estates taken into his possession, less debts of the decedent and projected costs of administration. Such net inventory must include all assets present or ascertainable at the time he takes possession of the estate. He shall administer and account for the same, converting the assets into money according to the provisions of this title, subject to the control and direction of the court.
(2) When, as shown by the inventory, the estate amounts to less than five thousand dollars ($5,000), no notice to creditors or other formal proceedings by the public administrator are required. The public administrator shall pay funeral expenses, the expenses of the last sickness, administration and such other expenses as may be deemed appropriate by the public administrator including, but not limited to, those enumerated in section 14-120, Idaho Code. After the payment of such expenses, the court must order the residue, if any, paid as may be just to such creditors or heirs as may appear, or into the state treasury with the report of abandoned property required in section 14-517, Idaho Code, upon final distribution of the estate.
History:
[(14-105) R.S., R.C., & C.L., sec. 5684; C.S., sec. 7779; I.C.A., sec. 15-1605; am. 1971, ch. 111, secs. 6, 15, p. 233; am. 1996, ch. 69, sec. 3, p. 214; am. 1999, ch. 104, sec. 2, p. 329; am. 2014, ch. 88, sec. 1, p. 238.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-106 - DELIVERY OF ESTATE TO EXECUTOR.

14-106. DELIVERY OF ESTATE TO EXECUTOR. If, at any time, letters testamentary or letters of administration are regularly granted to any other person on an estate of which the public administrator has charge, the public administrator must, under the order of the magistrate court, account for, pay, and deliver to the executor or administrator thus appointed, all the money, property, papers and estate of every kind in his possession or under his control. Upon such transfer and upon funds becoming available to the estate, the county shall be reimbursed immediately for costs, fees and expenses incurred by the public administrator pursuant to the provisions of sections 14-105 and 14-120, Idaho Code.
History:
[(14-106) R.S., R.C., & C.L., sec. 5685; C.S., sec. 7780; I.C.A., sec. 15-1606; am. 1971, ch. 111, sec. 6, p. 233; am. 1999, ch. 104, sec. 3, p. 329.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-107 - OFFICIALS TO NOTIFY ADMINISTRATOR OF DECEDENT’S PROPERTY.

14-107. OFFICIALS TO NOTIFY ADMINISTRATOR OF DECEDENT’S PROPERTY. All public officials shall, within seventy-two (72) hours of knowledge of a death and upon verification of no legal next of kin or administrator of the decedent’s estate, inform the public administrator of and make available to him all property known to them belonging to a decedent who resided at the time of death in the county, which property is liable to loss, injury or waste, or which, by reason thereof, ought to be in the possession of the public administrator. The public administrator shall be responsible for determining if any heirs or a will exists in all cases where there are no known personal representatives.
History:
[(14-107) R.S., R.C., & C.L., sec. 5686; C.S., sec. 7781; I.C.A., sec. 15-1607; am. 1971, ch. 111, sec. 6, p. 233; am. 1996, ch. 69, sec. 4, p. 214; am. 2012, ch. 208, sec. 4, p. 563; am. 2022, ch. 62, sec. 2, p. 195.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-108 - SUITS TO RECOVER PROPERTY.

14-108. SUITS TO RECOVER PROPERTY. The public administrator must institute all suits and prosecutions necessary to recover the property, debts, papers or other estate of the decedent.
History:
[(14-108) 1881, p. 294, sec. 6; R.S., R.C., & C.L., sec. 5687; C.S., sec. 7782; I.C.A., sec. 15-1608; am. 1971, ch. 111, sec. 6, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-109 - EXAMINATION OF ALLEGED EMBEZZLERS.

14-109. EXAMINATION OF ALLEGED EMBEZZLERS. When the public administrator complains to the judge, on oath, that any person has concealed, embezzled or disposed of, or has in his possession any money, goods, property or effects, to the possession of which such administrator is entitled in his official capacity, the judge may cite such person to appear before the court, and may examine him on oath touching the matter of such complaint.
History:
[(14-109) R.S., R.C., & C.L., sec. 5688; C.S., sec. 7783; I.C.A., sec. 15-1609; am. 1971, ch. 111, secs. 6, 16, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-110 - CONDUCT OF EXAMINATION — CONTEMPT.

14-110. CONDUCT OF EXAMINATION — CONTEMPT. All such interrogatories and answers must be reduced to writing and signed by the party examined and filed in the probate court. If the person so cited refuses to appear and submit to such an examination, or to answer such interrogatories as may be put to him touching the matter of such complaint, the court may commit him to the county jail, there to remain in close custody until he submits to the order of the court.
History:
[(14-110) R.S., R.C., & C.L., sec. 5689; C.S., sec. 7784; I.C.A., sec. 15-1610; am. 1971, ch. 111, sec. 6, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-111 - PUBLIC ADMINISTRATOR — COURT MAY REQUIRE ACCOUNT.

14-111. PUBLIC ADMINISTRATOR — COURT MAY REQUIRE ACCOUNT. The court may, at any time, order the public administrator to account for and deliver all the money and property of an estate in his hands to the heirs, or to the executors or administrators regularly appointed.
History:
[(14-111) R.S., R.C., & C.L., sec. 5690; C.S., sec. 7785; I.C.A., sec. 15-1611; am. 1971, ch. 111, secs. 6, 17, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-112 - RETURNS BY PUBLIC ADMINISTRATOR.

14-112. RETURNS BY PUBLIC ADMINISTRATOR. The public administrator must, once in every six (6) months, make to the judge, under oath, a return of all estates of decedents which have come into his hands, the value of the same, the money which has come into his hands from each estate, and what he has done with it, and the amount of his fees and expenses incurred, and the balance, if any, remaining in his hands.
History:
[(14-112) R.S., R.C., & C.L., sec. 5691; C.S., sec. 7786; I.C.A., sec. 15-1612; am. 1971, ch. 111, secs. 6, 18, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-113 - UNCLAIMED MONEYS — PAYMENT INTO PUBLIC SCHOOL PERMANENT ENDOWMENT FUND — ESCHEAT.

14-113. UNCLAIMED MONEYS — PAYMENT INTO PUBLIC SCHOOL PERMANENT ENDOWMENT FUND — ESCHEAT. After a final settlement of the affairs of any estate, if there be no heirs or other claimants thereof, the administrator shall submit a report of abandoned property and proceed to dispose of the property in a manner set forth in the uniform unclaimed property act in chapter 5, title 14, Idaho Code, provided that such property shall be identified by the public administrator as section 14-113 abandoned property. The state treasurer shall distribute the moneys to the public school permanent endowment fund created pursuant to section 4, article IX, of the constitution of the state of Idaho upon expiration of the period for redemption of the property pursuant to section 14-523, Idaho Code.
History:
[(14-113) R.S., R.C., & C.L., sec. 5692; C.S., sec. 7787; am. 1921, ch. 180, sec. 1, p. 375; am. 1925, ch. 218, sec. 4, p. 397; I.C.A., sec. 15-613; am. 1971, ch. 111, secs. 6, 19, p. 233; am. 1984, ch. 36, sec. 3, p. 62; am. 1996, ch. 69, sec. 5, p. 215; am. 2007, ch. 97, sec. 1, p. 280; am. 2010, ch. 15, sec. 1, p. 18; am. 2012, ch. 215, sec. 1, p. 584.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-114 - PUBLIC ADMINISTRATOR — RESTRICTION ON INTEREST IN AFFAIRS OF ESTATE.

14-114. PUBLIC ADMINISTRATOR — RESTRICTION ON INTEREST IN AFFAIRS OF ESTATE. The public administrator must not be interested in the expenditures of any kind, made on account of any estate he administers, nor must he be associated, in business or otherwise, with anyone who is so interested.
History:
[(14-114) 1881, sec. 4, p. 293; R.S., R.C., & C.L., sec. 5693; C.S., sec. 7788; I.C.A., sec. 15-1614; am. 1971, ch. 111, sec. 6, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-115 - PROCEEDINGS AGAINST PUBLIC ADMINISTRATOR.

14-115. PROCEEDINGS AGAINST PUBLIC ADMINISTRATOR. When it appears that any money remains in the hands of the public administrator (after a final settlement of the estate) unclaimed, which should be paid over to the state tax commission the judge must order the same to be paid over, and on failure of the public administrator to comply with the order within ten (10) days after the same is made, the prosecuting attorney for the county must immediately institute the requisite legal proceedings against the public administrator for a judgment against him and the sureties on his official bond, in the amount of money so withheld, and costs.
History:
[(14-115) R.S., R.C., & C.L., sec. 5694; C.S., sec. 7789; I.C.A., sec. 15-1615; am. 1971, ch. 111, secs. 6, 20, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-116 - PROVISIONS OF PROBATE CODE — APPLICATION TO PUBLIC ADMINISTRATOR.

14-116. PROVISIONS OF PROBATE CODE — APPLICATION TO PUBLIC ADMINISTRATOR. When no direction is given in this chapter for the government or guidance of a public administrator in the discharge of his duties, or for the administration of an estate in his hands, the provisions of the Uniform Probate Code must govern.
History:
[(14-116) R.S., R.C., & C.L., sec. 5695; C.S., sec. 7790; I.C.A., sec. 15-1616; am. 1971, ch. 111, secs. 6, 21, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-117 - INTESTATE DECEDENTS WITHOUT HEIRS OR WITHOUT KNOWN HEIRS — DUTY OF PUBLIC ADMINISTRATOR — PERSONAL FEES NOT ALLOWED.

14-117. INTESTATE DECEDENTS WITHOUT HEIRS OR WITHOUT KNOWN HEIRS — DUTY OF PUBLIC ADMINISTRATOR — PERSONAL FEES NOT ALLOWED. It shall be the mandatory duty of the several county treasurers as ex officio public administrators to cause to be instituted all probate proceedings necessary for the probate of any estate of a decedent whenever such decedent dies intestate without heirs or without known heirs and no creditor’s proceeding or other probate proceeding is instituted within three (3) months after such death. No fee shall be allowed to the public administrator or his attorney personally for any service performed in administration of such estates.
History:
[14-117, added 1945, ch. 113, sec. 1, p. 175; am. 1971, ch. 111, sec. 6, p. 233; am. 1996, ch. 69, sec. 6, p. 215.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-118 - PROSECUTING ATTORNEY TO REPRESENT PUBLIC ADMINISTRATOR.

14-118. PROSECUTING ATTORNEY TO REPRESENT PUBLIC ADMINISTRATOR. It shall be the mandatory duty of the prosecuting attorney of each county to represent the public administrator of such county without charge in all probate proceedings instituted under this act or chapter 2 of title 14.
History:
[14-118, added 1945, ch. 113, sec. 2, p. 175; am. 1971, ch. 111, sec. 6, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-119 - EFFECT OF DISCOVERY OF HEIR.

14-119. EFFECT OF DISCOVERY OF HEIR. In event any heir of a decedent shall be discovered prior to distribution of any estate probated as herein provided, nothing herein contained shall operate to invalidate any probate proceedings had prior to appearance of such heir in the probate proceeding, nor to prevent the completion of such probate proceedings by either public or private administration, as may be ordered by the court.
History:
[14-119, added 1945, ch. 113, sec. 3, p. 175; am. 1971, ch. 111, secs. 6, 22, p. 233.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 1 - PUBLIC ADMINISTRATORS › Section 14-120 - COSTS AND FEES ALLOWED WHERE HEIR OR CREDITORS REFUSE TO ADMINISTER ESTATE.

14-120. COSTS AND FEES ALLOWED WHERE HEIR OR CREDITORS REFUSE TO ADMINISTER ESTATE. (1) When an heir or creditor of an estate competent to institute probate proceedings exists, the county treasurer shall not be required to act as public administrator unless an heir or creditor files a petition to appoint a public administrator within one (1) year of the decedent’s death.
(2) All reasonable fees, costs and other expenses of administration may be charged by the public administrator against the estate whenever a decedent dies intestate with heirs or creditors competent to institute probate proceedings who refuse to administer the estate. Such reasonable fees and costs shall be paid pursuant to the provisions of section 15-3-805, Idaho Code.
(3) Reasonable fees and costs shall include, but not be limited to, the costs of the public administrator and staff and fees of the prosecuting attorney, subject to approval by the court.
(4) Reimbursement by the estate to the county for time spent by any county employee or elected official on the administration of any such estate shall be calculated at the actual rate of pay, including benefits, of the individual performing the work.
History:
[14-120, added 1999, ch. 104, sec. 4, p. 330.]