Idaho Code
Idaho Code

Idaho Code § 1-1607 (2026)

Nonjudicial days. 

✓ current as of May 2026
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Nonjudicial days. 

No court can be opened nor can any judicial business be transacted on any day enumerated in section 73-108, Idaho Code, or on every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday, or on a day on which the general election is held, except for the following purposes:

1.  To give, upon their request, instructions to a jury when deliberating on their verdict.
2.  To receive a verdict or discharge a jury.
3.  For the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature: provided, that in civil causes orders of arrest may be made and executed; writs of attachment, executions, injunctions and writs of prohibition may be issued and served; proceedings to recover possession of personal property may be had; and suits for the purpose of obtaining any such writs and proceedings may be instituted on any day.
Notes of Decisions
Cited in 3 cases, 1984–2019 · leading case: Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009).
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Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009). · cites it 2× “Idaho Code § 1-1607 (3) provides that on non-judicial days, “writs of attachment, executions, injunctions and writs of prohibition may be issued and served.”
State v. Bettwieser (Idaho Ct. App. 2019). · cites it 2× “” Idaho Code Section 1-1607 defines a “non-judicial day” and provides no judicial business can be transacted (and thus no filings can be made) on any day enumerated in I.”
Ketterer v. Billings, 683 P.2d 868 (Idaho 1984). · cites it 4× “” Consequently, the use of the special constable, under the direction of the district court, to conduct the execution sale was proper and therefore, we refuse to set aside the execution sale on this ground. Secondly, appellant contends that the execution sale should be set aside…”
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