Idaho Code
Idaho Code § 7-303 (2026)
Absence of adequate remedy.
✓ current as of May 2026
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Absence of adequate remedy.
The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit, on the application of the party beneficially interested.
Notes of Decisions
Cited in 24
cases (5 in the last 5 years), 1941–2026 · leading case: David Steed & Assocs., Inc. v. Young, 766 P.2d 717 (Idaho 1988).
David Steed & Assocs., Inc. v. Young, 766 P.2d 717 (Idaho 1988). “) This latter statement is based on I.C. § 7-303 which limits the writ to "cases where there is not a plain, speedy and adequate remedy in the ordinary course of law.”
Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015). “First, we must address the amici’s arguments that the Tribe does not have standing in this matter.”
Rufener v. Shaud, 573 P.2d 142 (Idaho 1977). “[1] Each may be issued only when there is no plain, speedy and adequate remedy in the ordinary course of the law, I.C. §§ 7-303, and 7-402, [2] or when the court has no jurisdiction or exceeds its jurisdiction.”
Idaho Falls Redevelopment Agency v. Countryman, 794 P.2d 632 (Idaho 1990). “I.C. § 7-303. A writ of mandamus is a command issuing from a court of competent jurisdiction, directed to an inferior court, tribunal, board, corporation or person, requiring the performance by the party of a particular duty which results from the official station of that party…”
State v. Alanis, 712 P.2d 585 (Idaho 1985). “I.C. § 7-303 provides: The writ (of mandate) must be issued in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law.”
Cowles Publ'g Co. v. Magistrate Court of the First Jud. Dist., 800 P.2d 640 (Idaho 1990). “Idaho Code § 7-303 . This Court has original jurisdiction to issue "writs of mandamus, .”
Kolp v. Bd. of Trs. of Butte Cty. Jt., 629 P.2d 1153 (Idaho 1981). “I.C. § 7-303; District Board of Health v.”
Val & Laree Westover v. Jase Cundick, 393 P.3d 593 (Idaho 2017). “The district court denied the West-overs’ request for writs of mandate and prohibition, reasoning that the issuance of an extraordinary writ was inappropriate given that the Westovers could have sought injunc-tive relief.”
Bower v. Morden, 880 P.2d 245 (Idaho 1994). “I.C. § 7-303. The writ of prohibition is substantially similar both in scope and limitation: It may be issued by any court except probate or justice's courts, to an inferior tribunal, or to a corporation, board or person in all cases where there is not a plain, speedy and…”
Ackerman v. Bonneville Cnty., 92 P.3d 557 (Idaho Ct. App. 2004). “Disqualification of Judge Hollerich in DUI Case At oral argument, Ackerman asserted that the petition filed in district court was to serve as an alternative means to disqualify Judge Hollerich from presiding over the DUI trial.”
Hunke v. Foote, 373 P.2d 322 (Idaho 1962). “In such undertaking appellants are subject to the same standards and restraint as are applicable to a private individual or corporation in the conduct of a similar business.”
Total Success Investments, LLC v. Ada Cnty. High. Dist., 227 P.3d 942 (Idaho Ct. App. 2010). “” I.C. § 7-303. Almgren v. Idaho Department of Lands, 136 Idaho 180, 181 , 30 P.”
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