Idaho Code
Idaho Code § 19-1816 (2026)
Impaneling jury from another county.
✓ current as of May 2026
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Impaneling jury from another county.
(a) As an alternative to entering the order of removal provided in the preceding sections of this chapter, the court may instead enter an order directing that jurors be impaneled from the county to which venue would otherwise have been transferred, if it finds:
1. That a fair and impartial jury cannot be impaneled in the county where the criminal complaint, information or indictment is filed;
2. That it would be more economical to transport the jury than to transfer the pending action; and
3. That justice will be served thereby.
(b) The jury shall be summoned and impaneled as if the trial were to take place in the county where the jury was summoned. Thereafter, the jury shall be transported for purpose of the trial to the county in which the complaint, information or indictment is filed.
(c) All court costs incurred under this section shall be paid by the county where the complaint, information or indictment is filed.
(d) The provisions of this section do not affect the power of the court to order a change of venue.
Notes of Decisions
Cited in 4
cases, 1989–1993 · leading case: State v. Lewis, 848 P.2d 394 (Idaho 1993).
State v. Lewis, 848 P.2d 394 (Idaho 1993). “Idaho Code § 19-1816 , which was first enacted in 1983, provides, in relevant part: 19-1816.”
State v. Thomasson, 832 P.2d 743 (Idaho 1992). “21, or, alternatively, selecting the jurors from another county, pursuant to I.C. § 19-1816. On January 15, 1990, the motion for a change of venue was granted to the extent that jurors would be empaneled from another county.”
Davis v. State, 775 P.2d 1243 (Idaho Ct. App. 1989). “I.C. § 19-1816. 4 . According to a list prepared by the trial’s court reporter, the items not admitted in evidence included a "tally” book, a tin canister, "ziploc” and sandwich bags, a grow light, money order receipts, a road atlas, a notebook, a sack of "name-slips,” three…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “Idaho Code § 19-1816 , which was first enacted in 1983, provides, in relevant part: 19-1816.”
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