Idaho Code

Idaho Code § 61-637 (2026)

Stay of order on appeal — Bond. 

✓ current as of May 2026
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Stay of order on appeal — Bond. 

In case the order or decision of the commission is stayed or suspended, the order of the court shall not become effective until a suspending bond shall first have been executed and filed with and approved by the commission (or approved on review by the court), payable to the people of the state of Idaho, and sufficient in amount and security to ensure the prompt payment, by the party petitioning for the review, of all damages caused by the delay in the enforcement of the order or decision of the commission, and of all moneys that any person or corporation may be compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity, or service in excess of the charges fixed by the order or decision of the commission, in case said order or decision is sustained. The court, in case it stays or suspends the order or decision of the commission in any matter affecting rates, rentals, charges or classifications, shall also by order direct the public utility affected to pay into court, from time to time, there to be impounded until the final decision of the case or into some bank or trust company paying interest on deposits, under such conditions as the court may prescribe, all sums of money that it may collect from any corporation or person in excess of the sum such corporation or person would have been compelled to pay if the order or decision of the commission had not been stayed or suspended.

Notes of Decisions
Cited in 2 cases, 1984–1996 · leading case: Utah Power & Light Co. v. Idaho Pub. Utils. Comm'n, 685 P.2d 276 (Idaho 1984).
Utah Power & Light Co. v. Idaho Pub. Utils. Comm'n, 685 P.2d 276 (Idaho 1984). · cites it 8× “§ 61-634 provides that a court order staying or suspending a PUC decision shall not become effective until a suspending bond has been executed in compliance with I.C. § 61-637 which provides that: "In case the order or decision of the commission is stayed or suspended, the order…”
Rosebud Enter., Inc. v. Idaho Pub. Utils. Comm'n, 917 P.2d 790 (Idaho 1996). · cites it 3× “—In case the order or decision of the commission is stayed or suspended, the order shall not become effective until a suspending bond has been executed and filed with and approved by the commission, or by the court of review, conditioned in manner and form as the suspending bond…”
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