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Idaho Statutes, Title 8

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Idaho/Statutes

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Title 8, PROVISIONAL REMEDIES IN CIVIL ACTIONS

6 chapters · 87 sections in this title.

All chapters in Title 887 Ch 5, ATTACHMENTS26 Ch 1, ARREST AND BAIL25 Ch 2, DISCHARGE OF PERSONS IMPRISONED ON C…12 Ch 3, CLAIM AND DELIVERY OF PERSONAL PROPERTY12 Ch 6, RECEIVERS7 Ch 7, DEPOSIT IN COURT5

12 sections·Filtered byTitle 8✕Ch 3✕

Idaho Code § 8-301 DELIVERY OF PERSONAL PROPERTY MAY BE CLAIMED
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8-301. DELIVERY OF PERSONAL PROPERTY MAY BE CLAIMED. The plaintiff in an action to recover the possession of personal property may, at the time of issuance of summons, or at any time before trial, claim the delivery of such property to him as provided in this chapter.
Idaho Code § 8-302 AFFIDAVIT OF CLAIM -- SHOW CAUSE ORDER -- WRIT OF POSSESSION
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8-302. AFFIDAVIT OF CLAIM -- SHOW CAUSE ORDER -- WRIT OF POSSESSION. (1) Where a delivery is claimed, the plaintiff, by verified complaint or by an affidavit made by plaintiff or by someone on his behalf, filed with the court, shall show: (a) That the plaintiff is the owner of th…
Idaho Code § 8-303 PLAINTIFF'S UNDERTAKING
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8-303. PLAINTIFF'S UNDERTAKING. A writ of possession shall not issue until plaintiff has filed with the court a written undertaking executed by two (2) or more sufficient sureties, to the effect that they are bound to the defendant in double the value of the property, as determin…
Idaho Code § 8-304 CONTENTS OF WRIT
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8-304. CONTENTS OF WRIT. (1) The writ of possession shall be directed to the sheriff within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the…

Idaho Code § 8-305 SEIZURE BY SHERIFF -- SERVICE OF WRIT

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8-305. SEIZURE BY SHERIFF -- SERVICE OF WRIT. The sheriff shall forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody, either by removing the property to a place of safekeeping or, upon good cause shown, by installing …

Idaho Code § 8-306 DEFENDANT'S UNDERTAKING -- RETURN OF PROPERTY

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8-306. DEFENDANT'S UNDERTAKING -- RETURN OF PROPERTY. At any time prior to the hearing of the order to show cause, or before the delivery of the property to the plaintiff, the defendant may require the return thereof upon filing with the court a written undertaking executed by tw…

Idaho Code § 8-307 QUALIFICATIONS OF SURETIES -- PROTESTS

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8-307. QUALIFICATIONS OF SURETIES -- PROTESTS. The qualification of sureties under any written undertaking referred to in this chapter shall be such as are prescribed by this code, in respect to bail upon an order of civil arrest. Either party may, within two (2) days after servi…

Idaho Code § 8-308 DUTIES OF SHERIFF

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8-308. DUTIES OF SHERIFF. When the sheriff has taken property as provided in this chapter, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his fees for taking and his necessary expenses for keeping the same, after expiration of five …

Idaho Code § 8-309 THIRD PARTY CLAIMS

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8-309. THIRD PARTY CLAIMS. In cases where the property taken is claimed by any person other than the defendant or his agent, the rules and proceedings applicable in cases of third party claims after levy under execution shall apply.

Idaho Code § 8-310 RETURN OF WRIT

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8-310. RETURN OF WRIT. The sheriff shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending, within twenty (20) days after taking the property mentioned therein.

Idaho Code § 8-311 ORDERS TO PROTECT POSSESSION

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8-311. ORDERS TO PROTECT POSSESSION. After the property has been delivered to a party or the value thereof secured by an undertaking as provided in this chapter, the court shall, by appropriate order, protect that party in the possession of such property until the final determina…

Idaho Code § 8-312 EARLY SETTINGS

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8-312. EARLY SETTINGS. In all proceedings brought to recover the possession of personal property, all courts in which such actions are pending, shall, upon request of any party thereto, give such actions precedence over all other civil actions, except actions to which special pre…