Idaho Statutes
§ 5-404 — OTHER ACTIONS — VENUE DETERMINED BY RESIDENCE — EXCEPTIONS
Idaho § 5-404
JurisdictionIdaho
Title 5PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
Ch. 4PLACE OF TRIAL OF CIVIL ACTIONS
This text of Idaho § 5-404 (OTHER ACTIONS — VENUE DETERMINED BY RESIDENCE — EXCEPTIONS) 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 § 5-404 (2026).
Text
In all other cases the action must be tried in the county in which the defendants, or some of them, reside, at the commencement of the action; or, if none of the defendants reside in the state, or, if residing in this state, the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if the defendant is about to depart from the state, such action may be tried in any county where either of the parties reside, or service is had, subject, however, to the power of the court to change the place of trial, as provided in this code; provided, that all actions against life or fire insurance companies, suit or action may be commenced and tried in the county where the death occurred or the loss was sustained;
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Related
Rudd v. Rudd
666 P.2d 639 (Idaho Supreme Court, 1983)
Lohman v. Flynn
78 P.3d 379 (Idaho Supreme Court, 2003)
Corder v. Idaho Farmway, Inc.
986 P.2d 1019 (Idaho Court of Appeals, 1999)
Skelton v. Spencer
625 P.2d 1072 (Idaho Supreme Court, 1981)
Ponderosa Paint Manufacturing, Inc. v. Yack
870 P.2d 663 (Idaho Court of Appeals, 1994)
Burton v. Atomic Workers Federal Credit Union
803 P.2d 518 (Idaho Supreme Court, 1990)
Bistline v. Eberle
376 P.2d 501 (Idaho Supreme Court, 1962)
Clark v. Atwood
730 P.2d 1035 (Idaho Court of Appeals, 1986)
Jarman v. Hale
842 P.2d 288 (Idaho Court of Appeals, 1992)
Pintlar Corp. v. Bunker Ltd. Partnership
786 P.2d 543 (Idaho Supreme Court, 1990)
Banning v. Minidoka Irrigation District
406 P.2d 802 (Idaho Supreme Court, 1965)
Priest Lake Coalition, Inc. v. State ex rel. Evans
723 P.2d 898 (Idaho Supreme Court, 1986)
Stephan v. Hoffman
386 P.2d 56 (Idaho Supreme Court, 1963)
First Interstate Bank v. Eisenbarth
853 P.2d 640 (Idaho Court of Appeals, 1993)
Hayes v. Kingston
96 P.3d 652 (Idaho Supreme Court, 2004)
Caldwell v. Judicial Administration of Idaho
(Idaho Court of Appeals, 2023)
Legislative History
[(5-404) C.C.P. 1881, sec. 208; R.S., sec. 4123; am. 1897, p. 9, sec. 1; reen. 1899, p. 292, sec. 1; reen. R.C. & C.L., sec. 4123; C.S., sec. 6664; am. 1923, ch. 79, sec. 1, p. 91; I.C.A., sec. 5-404.]
Nearby Sections
15
§ 5-201
LIMITATIONS IN GENERAL§ 5-202
ACTIONS BY STATE§ 5-203
ACTION TO RECOVER REALTY§ 5-205
EFFECT OF ENTRY§ 5-206
CONSTRUCTIVE POSSESSIONCite This Page — Counsel Stack
Bluebook (online)
Idaho § 5-404, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/5-404.