Idaho Code
Idaho Code § 19-3504 (2026)
Dismissal on motion of court or prosecuting attorney.
✓ current as of May 2026
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Dismissal on motion of court or prosecuting attorney.
The court may, either of its own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action or indictment to be dismissed. The reasons of the dismissal must be set forth in an order entered upon the minutes.
Notes of Decisions
Cited in 16
cases, 1959–2019 · leading case: Stockwell v. State, 573 P.2d 116 (Idaho 1977).
Stockwell v. State, 573 P.2d 116 (Idaho 1977). “The dissenting opinion of Justice Bistline relies strongly upon the language of I.C. § 19-3504 which requires that when the court dismisses the action upon the application of the prosecuting attorney, "the reasons of the dismissal must be set forth in an order entered upon the…”
State v. Dennard, 642 P.2d 61 (Idaho 1982). “The State, giving no recognition to I.C. § 19-3504, [1] but recognizing that its appeal does not come within the literal language of I.”
Rufener v. Shaud, 573 P.2d 142 (Idaho 1977). “" The district court heard the motion ex parte, and granted the motion without stating his reasons therefor, as mandated by I.C. § 19-3504. The Order of Dismissal reads: "The Court having heard the Motion heretofore made in the above-entitled case by Henry W.”
State v. Caswell, 828 P.2d 830 (Idaho 1992). “Idaho Code § 19-3504 clearly states that only the court may dismiss a case.”
State v. Horn, 610 P.2d 551 (Idaho 1980). “2d 116 (1977), in writing of the prosecutor's statutory options to bring about a dismissal under I.C. § 19-3504, "the prosecutor might want to bring a charge of murder where the victim dies after the magistrate has bound the accused over on charges of assault.”
State v. Horsley, 792 P.2d 945 (Idaho 1990). “, JOHNSON, BOYLE and McDEVITT, JJ., concur. BISTLINE, J., dissents.”
State v. Stewart, 595 P.2d 719 (Idaho 1979). “That is a policy determination for the trial court and the prosecution under the provisions of I.C. § 19-3504 which vests in the prosecutor and in the trial court a great deal of discretion.”
State v. Fowler, 674 P.2d 432 (Idaho Ct. App. 1983). “Idaho Code § 19-3504 provides that an action may be dismissed on the motion of the court or the prosecuting attorney.”
State v. Avila, 153 P.3d 1195 (Idaho Ct. App. 2006). “By utilizing the procedural sleight of hand of dismissal and refiling, see Idaho Code Sections 19-3504 and 3506, the State came perilously close to gaining a deliberate tactical advantage over the accused and violating his right to due process.”
State v. Starrish, 544 P.2d 1 (Wash. 1975). “Penal Code § 1385 (West 1970); Idaho Code Ann. § 19-3504 (1948); Iowa Code Ann.”
State v. Swartz, 712 P.2d 734 (Idaho Ct. App. 1985). “See also I.C. § 19-3504. Here the magistrate’s orders of dismissal are patently ambiguous.”
State v. Goodmiller, 386 P.2d 365 (Idaho 1963). “§ 19-3503) ; that “in furtherance of justice” the court may of its own motion, or on motion of the prosecuting attorney, order the action dismissed (I.C. § 19-3504) ; and that: “An order for the dismissal of the action, as provided in this chapter, is a bar to any other…”
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