Idaho Code
Idaho Code § 5-402 (2026)
Actions for penalties and against officers.
✓ current as of May 2026
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Actions for penalties and against officers.
Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial:
1. For the recovery of a penalty or forfeiture imposed by statute, except, that when it is imposed for an offense committed on a lake, river or other stream of water, situated in two (2) or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed.
2. Against a public officer, or person specially appointed to execute his duties, for any act done by him in virtue of his office; or against a person who, by his command or in his aid, does anything touching the duties of such officer.
Notes of Decisions
Cited in 6
cases, 1953–2004 · leading case: Matter of Griffiths, 744 P.2d 92 (Idaho 1987).
Matter of Griffiths, 744 P.2d 92 (Idaho 1987). “I.C. § 5-402 provides: "5-402. Actions for penalties and against officers.”
Idaho State Afl-cio v. Leroy, 718 P.2d 1129 (Idaho 1986). “Before the hearing, defendants moved for a change of venue to Ada County pursuant to I.C. § 5-402. On February 5, 1985, the hearing to show cause was held before Judge Smith on the preliminary injunction.”
Priest Lake Coalition, Inc. v. State ex rel. Evans, 723 P.2d 898 (Idaho 1986). “12 (1985): Whether Idaho Code § 5-402 requires that venue in an action against public officials be in the county in which the cause of action arose; or whether IRCP Rule 40(e)(4) modifies the mandatory provisions of § 5-402 so as to allow the court to engage in an exercise of…”
Hayes v. Kingston, 96 P.3d 652 (Idaho 2004). “§ 5-402, which reads as follows, “[ajctions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the power of the court to change the place of trial[,j” and a similar Montana venue statute.”
Hutchins v. Trombley, 509 P.2d 579 (Idaho 1973). “I.C. § 5-402 provides that venue of an action against a public officer is in the county where the cause, or some part thereof, arose.”
State Ex Rel. Summers v. Lake Tavern, Inc., 252 P.2d 831 (Idaho 1953). “Appellant and respondents appear to agree that the venue of this action is governed by the provisions of Section 5-402, I.C., which reads as follows: “Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the like…”
— Idaho Code § 5-402(1) — 1 case
Priest Lake Coalition, Inc. v. State ex rel. Evans, 723 P.2d 898 (Idaho 1986). “12 (1985): Whether Idaho Code § 5-402 requires that venue in an action against public officials be in the county in which the cause of action arose; or whether IRCP Rule 40(e)(4) modifies the mandatory provisions of § 5-402 so as to allow the court to engage in an exercise of…”
— Idaho Code § 5-402(2) — 2 cases
Idaho State Afl-cio v. Leroy, 718 P.2d 1129 (Idaho 1986). “Before the hearing, defendants moved for a change of venue to Ada County pursuant to I.C. § 5-402. On February 5, 1985, the hearing to show cause was held before Judge Smith on the preliminary injunction.”
Priest Lake Coalition, Inc. v. State ex rel. Evans, 723 P.2d 898 (Idaho 1986). “12 (1985): Whether Idaho Code § 5-402 requires that venue in an action against public officials be in the county in which the cause of action arose; or whether IRCP Rule 40(e)(4) modifies the mandatory provisions of § 5-402 so as to allow the court to engage in an exercise of…”
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