Idaho § 8-506D SUFFICIENCY OF SURETIES

Idaho Statutes

§ 8-506D — SUFFICIENCY OF SURETIES

Idaho § 8-506D

Title 8PROVISIONAL REMEDIES IN CIVIL ACTIONS

Ch. 5ATTACHMENTS

This text of Idaho § 8-506D (SUFFICIENCY OF SURETIES) 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 § 8-506D (2026).

Text

The qualification of sureties under any written undertaking referred to in this chapter shall be such as prescribed by the code in respect to bail upon an order of civil arrest. Either party may, within two (2) days after service of an undertaking or notice of filing an undertaking under the provisions of this chapter, give written notice to the court, the other party and the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When a party excepts, the other party’s sureties shall justify on notice within not less than two (2), nor more than five (5) days, in like manner as upon bail upon civil arrest. If any of the defendant’s property be in the custody of the sheriff, he shall retain custody thereof until t

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The qualification of sureties under any written undertaking referred to in this chapter shall be such as prescribed by the code in respect to bail upon an order of civil arrest. Either party may, within two (2) days after service of an undertaking or notice of filing an undertaking under the provisions of this chapter, give written notice to the court, the other party and the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When a party excepts, the other party’s sureties shall justify on notice within not less than two (2), nor more than five (5) days, in like manner as upon bail upon civil arrest. If any of the defendant’s property be in the custody of the sheriff, he shall retain custody thereof until the justification is completed or waived or fails. If the sureties for the plaintiff’s undertaking, filed pursuant to section 8-503, Idaho Code, fail to justify, the writ of attachment must be vacated and the sheriff shall return the property to the defendant. If the sureties for the defendant’s undertaking, filed pursuant to section 8-506C, Idaho Code, fail to justify, the sheriff shall proceed as if no such undertaking had been filed. If the sureties justify or the exception is waived, the sheriff shall proceed as if no such exception had been filed.