Idaho Code
Idaho Code § 6-311C (2026)
Form of execution.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Form of execution.
The execution, should judgment of restitution be rendered, may be in the following form:
STATE OF IDAHO )
ss.
County of…. )
TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY:
WHEREAS, a certain action for the possession of the following described premises, to-wit:
lately tried before the above entitled court, wherein…. was plaintiff and…. was defendant, judgment was rendered on the…. day of…., A.D.,…., that the plaintiff…. have restitution of the premises, and also that he recover the costs and disbursements in the sum of $….;
In the name of the State of Idaho, you are, therefore, hereby commanded to cause the defendant to be forthwith removed from the premises and the plaintiff is to have restitution of the same. In the event the goods and chattels are not promptly removed thereafter by the defendant, the plaintiff is authorized to remove the same pursuant to Section 6-316(2), Idaho Code. Upon returning premises to the plaintiff, the sheriff will make legal service and due return of this writ.
WITNESS My hand and official seal (if issued out of a court of record) this…. day of…., A.D.,…..
Notes of Decisions
Cited in 3
cases, 1997–2020 · leading case: Nicholson v. Coeur D'Alene Placer Mining Corp., 392 P.3d 1218 (Idaho 2017).
Nicholson v. Coeur D'Alene Placer Mining Corp., 392 P.3d 1218 (Idaho 2017). “” If it becomes necessary to enlist the assistance of the sheriff to remove Plaintiffs from the property, the district court can issue a writ of execution for restitution of premises pursuant to Idaho Code section 6-311C and describe the property in the writ with sufficient…”
State v. Myers, 942 P.2d 564 (Idaho Ct. App. 1997). “I.C. § 6-311C. The writ directed the sheriff, in pertinent part, that: In the above-entitled action, the Plaintiff's] having established that they are the owners and are entitled to the possession of the personal property hereinafter described, and the default of the Defendant…”
Smout v. Benewah Cnty. (D. Idaho 2020). “Deputy Dickenson may have violated Idaho law by issuing trespass citations despite the landlord-tenant exception, see Idaho Code § 18-7008 (2)(a), and assisting the Whites absent a writ of execution, § 6-311C. But state property law does not control the Fourth Amendment analysis.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.