Idaho Code

Idaho Code § 1-1603 (2026)

Powers of court.

✓ current as of May 2026

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Powers of court.

Every court has power:

1. To preserve and enforce order in its immediate presence.

2. To enforce order in the proceedings before it or before a person or persons empowered to conduct a judicial investigation under its authority.

3. To provide for the orderly conduct of proceedings before it or its officers.

4. To compel obedience to its judgments, orders and process, and to the orders of a judge out of court in an action or proceeding pending therein.

5. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto.

6. To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this code.

7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties.

8. To amend and control its process and orders, so as to make them conformable to law and justice.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1941–2023 · leading case: Marks v. Vehlow, 671 P.2d 473 (Idaho 1983).

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Marks v. Vehlow, 671 P.2d 473 (Idaho 1983). · cites it 18× “I.C. § 1-1603 recognizes that "[e]very court has power: .”

Robert Wolford v. Shawn Montee, 387 P.3d 100 (Idaho 2016). · cites it 6× “2d at 621 (citing I.C. § 1-1603). We then also recognized that since the matter had been appealed the “lien” could be upheld under Idaho Rule of Civil Procedure 62(c), which “grants the court power to grant, suspend or modify an injunction during the pendency of an appeal upon…”

Coombs v. Curnow, 219 P.3d 453 (Idaho 2009). · cites it 4× “Moreover, while Idaho Code section 1-1603 acknowledges a court's power "[t]o amend and control its process and orders, so as to make them conformable to law and justice," which includes the power to make the record conform to the facts, a court does not have the power to amend…”

State v. Babb, 877 P.2d 905 (Idaho 1994). · cites it 4× “5, § 2 of the Idaho Constitution, I.C. §§ 1-1603 and 1-1622, and I.C.R. 16(b)(8).”

Smith v. Smith, 473 P.3d 837 (Idaho 2020). · cites it 2× “(quoting I.C. § 1-1603(1)). As a preliminary matter, we note that the district court erred when it held that Husband was judicially estopped from changing his position to argue that the magistrate court lacked subject matter jurisdiction.”

Steiner v. Gilbert, 159 P.3d 877 (Idaho 2007). · cites it 6× “Idaho Code § 1-1603 (4) provides: “Every court has the power .”

Susan C. Vierstra v. Michael George Vierstra, 292 P.3d 264 (Idaho 2012). · cites it 2× “Every court has the authority to enforce its orders as issued.”

State v. Schorzman, 924 P.2d 214 (Idaho 1996). · cites it 6× “2d 905, 909-10 (1994) (“I.C. § 1-1603 states that every court has power to compel obedience to its orders.”

State Ex Rel. Evans v. Click, 631 P.2d 614 (Idaho 1981). · cites it 2× “See I.C. § 1-1603. The imposition of the lien and the additional encumbering of the machinery is also justified in respect to the present appeal taken from the district court’s order enjoining the appellants’ activities.”

Perry v. Perkins, 245 P.2d 405 (Idaho 1952). · cites it 4× “All courts of this State have the power to compel obedience to their orders, Section 1-1603, I.C., and may, where not otherwise provided by statute or rule, adopt any reasonably appropriate means to enforce them, Section 1-1622, I.”

BORLEY v. Smith, 233 P.3d 102 (Idaho 2010). “The court has the power under Idaho Code sections 1-1603 and 1-1901, to enforce its orders.”

Syth v. Parke, 823 P.2d 766 (Idaho 1991). · cites it 4× “In addition, I.C. § 1-1603 has vested broad powers in the courts to ensure justice.”

Show all 25 citing cases →

— Idaho Code § 1-1603(1) — 3 cases

Smith v. Smith, 473 P.3d 837 (Idaho 2020). “(quoting I.C. § 1-1603(1)). As a preliminary matter, we note that the district court erred when it held that Husband was judicially estopped from changing his position to argue that the magistrate court lacked subject matter jurisdiction.”

Susan C. Vierstra v. Michael George Vierstra, 292 P.3d 264 (Idaho 2012). “Every court has the authority to enforce its orders as issued.”

Smith v. Smith (Idaho 2020).

— Idaho Code § 1-1603(4) — 4 cases

State v. Abracadabra Bail Bonds, 952 P.2d 1249 (Idaho Ct. App. 1998).

Smith v. Smith, 29 P.3d 956 (Idaho Ct. App. 2001).

State v. Hall, 979 P.2d 624 (Idaho 1999).

State v. Schorzman, 924 P.2d 214 (Idaho 1996). “2d 905, 909-10 (1994) (“I.C. § 1-1603 states that every court has power to compel obedience to its orders.”

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