Idaho Code
Idaho Code § 19-1909 (2026)
Trial may be postponed for cause.
✓ current as of May 2026
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Trial may be postponed for cause.
When an indictment is called for trial, or at any time previous thereto, the court may, upon sufficient cause, direct the trial to be postponed to another day of the same or of the next term.
Notes of Decisions
Cited in 3
cases, 1968–1973 · leading case: State v. Richardson, 511 P.2d 263 (Idaho 1973).
State v. Richardson, 511 P.2d 263 (Idaho 1973). “I.C. § 19-1909. In state v. Laws, supra, this Court said: “Generally it is held that unless an appellant shows that his substantial rights have been prejudiced by reason of a denial of his motion for continuance, appellate courts can only conclude that there was no abuse of…”
State v. Polson, 448 P.2d 229 (Idaho 1968). “The granting or refusing of a motion for a continuance under I.C. § 19-1909, is within the sound discretion of the trial court, and the action of the court thereon will be upheld in the absence of an abuse of that discretion.”
State v. Laws, 485 P.2d 144 (Idaho 1971). “I.C. § 19-1909 provides : “When an indictment is called for 'trial, or at any time previous thereto, the court may, upon sufficient cause, direct the trial to be postponed to another day of the same or of the next term.”
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