Idaho § 7-305 NOTICE OF APPLICATION — HEARING

Idaho Statutes

§ 7-305 — NOTICE OF APPLICATION — HEARING

Idaho § 7-305

Title 7SPECIAL PROCEEDINGS

Ch. 3WRITS OF MANDATE

This text of Idaho § 7-305 (NOTICE OF APPLICATION — HEARING) 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 § 7-305 (2026).

Text

When the application to the court is made without notice to the adverse party, and the writ be allowed, the alternative must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory may be issued in the first instance. The notice of the application, when given, must be at least fourteen (14) days. The writ cannot be granted by default. The case must be heard by the court whether the adverse party appear or not.

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When the application to the court is made without notice to the adverse party, and the writ be allowed, the alternative must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory may be issued in the first instance. The notice of the application, when given, must be at least fourteen (14) days. The writ cannot be granted by default. The case must be heard by the court whether the adverse party appear or not.