Idaho Code

Idaho Code § 31-3211 (2026)

Fees to be prepaid — Exception — Penalty for official dereliction.

✓ current as of May 2026

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Fees to be prepaid — Exception — Penalty for official dereliction.

The officers mentioned in this title are not in any case, except for the state or county, to perform any official services unless upon prepayment of the fees prescribed for such services by law, except as in the succeeding sections provided: provided further, that the attorney-general or any prosecuting attorney may cause subpoenas to be issued on behalf of the state, without paying or tendering fees in advance to any officers, and on such payment the officer must perform the services required.

For every failure or refusal to perform official duty when the fees are tendered, the officer is liable on his official bond.

Notes of Decisions

Cited in 3 cases, 1962–1996 · leading case: State ex rel. Rich v. Larson, 374 P.2d 484 (Idaho 1962).

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State ex rel. Rich v. Larson, 374 P.2d 484 (Idaho 1962). · cites it 8× “§ 31-2402 defendant has the mandatory duty to record all instruments offered by plaintiff for recording in connection with plaintiff’s duties as an administrative board of the State of Idaho without payment of the statutory recording fee pursuant to exceptions contained in I.C.…”

Est. of Thompson v. Turner, 690 P.2d 925 (Idaho 1984). · cites it 4× “The majority opinion ignores I.C. § 31-3211. Under that section, even if the plaintiff had intended an independent action rather than a reopening of the old case, the clerks of the courts “are not in any case .”

Massey v. Stillman, 918 P.2d 605 (Idaho Ct. App. 1996). · cites it 6× “The Supreme Court, in resolving that issue, interpreted Idaho Code Section 2137, the predecessor of I.C. § 31-3211, and stated: [W]e are compelled to hold that section 2137, supra, is not a prohibition against an officer from performing services unless they are prepaid in…”

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