Table Of Content

CONTENTS Title Page 7. Special Proceedings 1 8. Provisional Remedies in CivilActions 227 9. Evidence 315 10. Issues, Trial and Judgment in CivilActions 521 11. Enforcement ofJudgments in CivilActions 593 12. Costs and Miscellaneous Matters in CivilActions 653 13. Appeals in CivilActions 753 Index 757 Digitized by the Internet Archive 2013 in http://archive.org/details/govlawidcode20100713 IDAHO CODE CONTAININGTHE GENERAL LAWS OF IDAHO ANNOTATED ORIGINALLYPUBLISHED BYAUTHORITY OF LAWS 1947, CHAPTER 224 REPUBLISHED BYAUTHORITYOF LAWS 1949, CHAPTER 167ASAMENDED Compiled Under the Supervision ofthe Idaho Code Commission RICHARD GOODSON F. R. DANIEL BOWEN THOMAS A. MILLER COMMISSIONERS * MAX M. SHEILS, JR. EXECUTIVE SECRETARY TITLES 7-13 MICHIE LexisNexis and the Knowledge Burst logo are registered trade- marks, and MICHIE is a trademark of Reed Elsevier Properties Inc., usedunderlicense. MatthewBenderis aregisteredtrademark ofMatthew Bender Properties Inc. ©2010 State ofIdaho All rights reserved. 4221710 ISBN 978-1-4224-6373-4 (Pub.42205) PUBLISHER'S NOTE Since the publicationin 2004 ofthe last edition ofthis volume, manylaws have been amended orrepealed and manynew laws have been enacted. The resulting increase in the size ofthe cumulative supplement for the former volume has made it necessary to revise this volume. Accordingly, this new volume with Replacement Titles 7 to 13 is issued with the approval and under the direction ofthe Idaho Code Commission. This publication contains annotations taken from decisions ofthe Idaho Supreme Courtandthe CourtofAppeals andthe appropriatefederal courts. These cases will be printed in the following reports: Idaho Reports Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Reporter, 3rd Series United States Supreme Court Reports, Lawyers' Edition, 2nd Series Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code. I.R.C.R Idaho Rules ofCivil Procedure I.R.E. Idaho Rules ofEvidence I.C.R. Idaho Criminal Rules M.C.R. Misdemeanor Criminal Rules I.I.R. Idaho Infraction Rules I.J.R. Idaho Juvenile Rules I.C.A.R. Idaho CourtAdministrative Rules I.A.R. Idaho Appellate Rules If you have any questions or suggestions concerning the Idaho Code, please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280, or email us at [email protected]. Visit our website at http://www.lexisnexis.com for an online bookstore, technical support, customer service, and other company information. LexisNexis Attn: Customer Service 1275 Broadway Albany, NY 12204-2694 in USER'S GUIDE To assist the legal profession and the layperson in obtaining the maxi- mum benefit from the Idaho Code, a User's Guide has been included in the first volume ofthis set.