Idaho Code
Idaho Code § 19-1516 (2026)
Time allowed for answer.
✓ current as of May 2026
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Time allowed for answer.
If, on the arraignment, the defendant requires it, he must be allowed a reasonable time, not less than one (1) day, to answer the indictment. He may, in answer to the arraignment, move to set aside, demur, or plead to, the indictment.
Notes of Decisions
Cited in 4
cases, 1955–2016 · leading case: State v. Rolfe, 444 P.2d 428 (Idaho 1968).
State v. Rolfe, 444 P.2d 428 (Idaho 1968). “The trial court allowed counsel 24 hours in which to answer the Information pursuant to I.C. § 19-1516. On May 3, the following day, counsel filed his motion for a change of venue together with several newspaper articles and the supporting affidavits of Edward Rolfe and 18 other…”
State v. Thurlow, 375 P.2d 996 (Idaho 1962). “I.C. § 19-1516 provides: “If, on the arraignment, the defendant requires it, he must be allowed a reasonable time, not less than one day, to answer the indictment.”
State v. Webb, 279 P.2d 634 (Idaho 1955). “Appellant’s demurrer and motion in arrest of judgment were proper pleadings in this case, although they may not have been his exclusive remedy.”
Valentino Alex Herrera v. State (Idaho Ct. App. 2016). “However, those statements conflict with other facts in the record.”
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