Idaho Code

Idaho Code § 10-1304 (2026)

Stay of execution.

✓ current as of May 2026

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Stay of execution.

(a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or until the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the law of the state in which it was rendered.

(b) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

Notes of Decisions

Cited in 1 case, 1978–1978 · leading case: Kressly v. Kressly, 581 P.2d 806 (Idaho 1978).

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Kressly v. Kressly, 581 P.2d 806 (Idaho 1978). · cites it 6× “Whether the defendant-respondent intends to seriously pursue his appeal after 2V2 years may be questioned, but it seems appropriate for this state to allow a stay of execution under I.C. § 10-1304. Either party has the right under Arizona law to submit a written, signed order of…”

— Idaho Code § 10-1304(a) — 1 case

Kressly v. Kressly, 581 P.2d 806 (Idaho 1978). “Whether the defendant-respondent intends to seriously pursue his appeal after 2V2 years may be questioned, but it seems appropriate for this state to allow a stay of execution under I.C. § 10-1304. Either party has the right under Arizona law to submit a written, signed order of…”

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