Idaho Code

Idaho Code § 19-3501 (2026)

When action may be dismissed.

✓ current as of May 2026

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When action may be dismissed.

The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases:

(1) When a person has been held to answer for a public offense, if an indictment or information is not found against him and filed with the court within six (6) months from the date of his arrest.

(2) If a defendant, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the information is filed with the court.

(3) If a defendant, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant was arraigned before the court in which the indictment is found.

(4) If a defendant, charged with a misdemeanor offense, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant enters a plea of not guilty with the court.

(5) If a defendant, charged with both a felony or multiple felonies and a misdemeanor or multiple misdemeanors together in the same action or charging document, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the information is filed with the court.

(6) If a defendant, charged with both a felony or multiple felonies and a misdemeanor or multiple misdemeanors together in the same action or charging document, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant was arraigned before the court in which the indictment is found.

Notes of Decisions

Cited in 107 cases (23 in the last 5 years), 1951–2025 · leading case: State v. Russell, 696 P.2d 909 (Idaho 1985).

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State v. Russell, 696 P.2d 909 (Idaho 1985). · cites it 82× “The court at that time advised Russell that such a continuance could present speedy trial problems and inquired if Russell would be willing to waive speedy trial rights conferred upon him by I.C. § 19-3501 (1980) (amended 1984). Russell agreed to such a waiver.”

State v. Hobson, 579 P.2d 697 (Idaho 1978). · cites it 60× “(2) If a defendant, whose trial has not been postponed upon his application, is not brought to trial at the next term of *699 the court in which the indictment is triable, after it is found.”

State v. Horsley, 792 P.2d 945 (Idaho 1990). · cites it 80× “Horsley filed a motion to dismiss the new information on the ground that the state had denied him his right to trial within six months from the filing of the information as provided in I.C. § 19-3501. In support of the motion Horsley argued that (1) the first case was still…”

State v. Clark, 16 P.3d 931 (Idaho 2000). · cites it 40× “Good Cause Under I.C. § 19-3501 Criminal defendants are guaranteed the right to a speedy public trial under the Sixth Amendment to the United States Constitution and under Article I, section 13 of the Idaho Constitution.”

State v. Prano, 510 P.3d 690 (Idaho Ct. App. 2021). · cites it 38× “2 In the district court, Prano also asserted violations of his federal and state constitutional rights to a speedy trial, but he does not raise these issues on appeal.”

State v. Sindak, 774 P.2d 895 (Idaho 1989). · cites it 52× “Idaho Code § 19-3501 provides that the Court must order the prosecution be dismissed "if the trial has not been postponed upon his [the defendant's] application.”

State v. Dillard, 718 P.2d 1272 (Idaho Ct. App. 1986). · cites it 43× “— The court, unles good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases: 1. When a person has been held to answer for a public offense, if an indictment or information is not found against him and filed with the…”

State v. Avelar, 931 P.2d 1218 (Idaho 1997). · cites it 29× “Appellant contends that his right to a speedy trial under Idaho Code § 19-3501 has been violated. We affirm the decision of the district court.”

State v. McKeeth, 38 P.3d 1275 (Idaho Ct. App. 2001). · cites it 16× “On September 8, 1999, the state filed a “Notice of Setting Outside Time Period,” advising that the trial date was “outside the time period allocated by the Constitution of the State of Idaho, Idaho Code § 19-3501 , and case law.” On February 25, 2000, MeKeeth filed a motion to…”

State v. Stuart, 745 P.2d 1115 (Idaho Ct. App. 1987). · cites it 36× “A pretrial motion hearing was held on June 14, 1984, in which the following took place.”

State v. Davis, 118 P.3d 160 (Idaho Ct. App. 2005). · cites it 18× “In this case, the district court found that “the right to a speedy trial has two separate sources: a state statutory basis, I.C. § 19-3501 et. seq., and a constitutional basis provided by both the United States Constitution and the Idaho Constitution.”

State v. Carter, 655 P.2d 434 (Idaho 1982). · cites it 18× “Various pretrial matters were then raised by both parties.”

Show all 107 citing cases →

— Idaho Code § 19-3501(1) — 6 cases

State v. Dillard, 718 P.2d 1272 (Idaho Ct. App. 1986). “— The court, unles good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases: 1. When a person has been held to answer for a public offense, if an indictment or information is not found against him and filed with the…”

State v. Hernandez, 990 P.2d 742 (Idaho Ct. App. 1999).

State v. Kelchner, 936 P.2d 680 (Idaho 1997).

State v. Dustin Jade Mrgan, 400 P.3d 638 (Idaho Ct. App. 2017).

State v. Mason, 726 P.2d 772 (Idaho Ct. App. 1986).

— Idaho Code § 19-3501(2) — 30 cases

State v. Prano, 510 P.3d 690 (Idaho Ct. App. 2021). “2 In the district court, Prano also asserted violations of his federal and state constitutional rights to a speedy trial, but he does not raise these issues on appeal.”

State v. Horsley, 792 P.2d 945 (Idaho 1990). “Horsley filed a motion to dismiss the new information on the ground that the state had denied him his right to trial within six months from the filing of the information as provided in I.C. § 19-3501. In support of the motion Horsley argued that (1) the first case was still…”

State v. Stuart, 745 P.2d 1115 (Idaho Ct. App. 1987). “A pretrial motion hearing was held on June 14, 1984, in which the following took place.”

State v. Mansfield, 559 P.3d 1177 (Idaho 2024).

— Idaho Code § 19-3501(3) — 10 cases

State v. Sindak, 774 P.2d 895 (Idaho 1989). “Idaho Code § 19-3501 provides that the Court must order the prosecution be dismissed "if the trial has not been postponed upon his [the defendant's] application.”

State v. McKeeth, 38 P.3d 1275 (Idaho Ct. App. 2001). “On September 8, 1999, the state filed a “Notice of Setting Outside Time Period,” advising that the trial date was “outside the time period allocated by the Constitution of the State of Idaho, Idaho Code § 19-3501 , and case law.” On February 25, 2000, MeKeeth filed a motion to…”

State v. Clark, 16 P.3d 931 (Idaho 2000). “Good Cause Under I.C. § 19-3501 Criminal defendants are guaranteed the right to a speedy public trial under the Sixth Amendment to the United States Constitution and under Article I, section 13 of the Idaho Constitution.”

State v. Cotant, 852 P.2d 1384 (Idaho 1993).

State v. Naccarato, 878 P.2d 184 (Idaho Ct. App. 1994).

— Idaho Code § 19-3501(4) — 3 cases

State v. Livas, 211 P.3d 792 (Idaho Ct. App. 2009).

State v. Brett J. Jacobson, 283 P.3d 124 (Idaho Ct. App. 2012).

State v. Burtlow, 163 P.3d 244 (Idaho Ct. App. 2007).

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