Idaho § 19-1802 FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT

Idaho Statutes

§ 19-1802 — FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT

Idaho § 19-1802

Title 19CRIMINAL PROCEDURE

Ch. 18REMOVAL OF ACTION BEFORE TRIAL

This text of Idaho § 19-1802 (FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 19-1802 (2026).

Text

The application must be made in open court and in writing, verified by the affidavit of the defendant, a copy of which must be served upon the prosecuting attorney at least one (1) day before the application is made. Whenever the affidavit shows that the defendant can not safely appear in person to make the application, because the popular excitement against him is so great as to endanger his personal safety, and such statement is sustained by other testimony, the application may be made by counsel, and heard and determined in the absence of the defendant, though he is indicted for felony, and has not at the time of such application been arrested, or given bail, or been arraigned, or pleaded or demurred to the indictment.

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The application must be made in open court and in writing, verified by the affidavit of the defendant, a copy of which must be served upon the prosecuting attorney at least one (1) day before the application is made. Whenever the affidavit shows that the defendant can not safely appear in person to make the application, because the popular excitement against him is so great as to endanger his personal safety, and such statement is sustained by other testimony, the application may be made by counsel, and heard and determined in the absence of the defendant, though he is indicted for felony, and has not at the time of such application been arrested, or given bail, or been arraigned, or pleaded or demurred to the indictment.