Idaho Code
Idaho Code § 7-402 (2026)
When and how issued.
✓ current as of May 2026
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When and how issued.
It may be issued by the supreme court or any district court to an inferior tribunal, or to a corporation, board or person in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit on the application of the person beneficially interested.
Notes of Decisions
Cited in 23
cases (5 in the last 5 years), 1950–2024 · leading case: Clark v. Ada Cnty. Bd. of Commissioners, 572 P.2d 501 (Idaho 1977).
Clark v. Ada Cnty. Bd. of Commissioners, 572 P.2d 501 (Idaho 1977). “From the petition it appears that this is founded on the claim that the Board of County Commissioners set up an independent office to audit and review real property appraisal and assessment and have transferred personnel and funds levied for assessment purposes from the…”
Van Valkenburgh v. Citizens for Term Limits, 15 P.3d 1129 (Idaho 2000). “" I.C. § 7-402. The majority overlooks the fact that the petitioners had a "plain, speedy and adequate remedy in the ordinary course of law," but chose not to pursue that remedy in a timely manner.”
State v. Dist. Court, 152 P.3d 566 (Idaho 2007). “2d 571, 574 (1962) (emphasis added); I.C. § 7-402. "A right of appeal is regarded as a plain, speedy and adequate remedy at law in the absence of a showing of exceptional circumstances or of the inadequacy of an appeal to protect existing rights.”
Rufener v. Shaud, 573 P.2d 142 (Idaho 1977). “" I.C. § 7-402 provides: "When and how issued.”
Wasden v. Idaho State Bd. of Land Com'rs, 249 P.3d 346 (Idaho 2010). “Without reaching the question of whether the Land Board has proceeded in excess of its jurisdiction, we find that there is "a plain, speedy, and adequate remedy in the ordinary course of law" as required by I.C. § 7-402, a remedy that is available by means of joining an action…”
Coeur D'Alene Turf Club, Inc. v. Cogswell, 461 P.2d 107 (Idaho 1969). “I.C. § 7-402. Appeal is a plain, speedy and adequate remedy at law, in the absence of a showing of exceptional circumstances or of the inadequacy of an appeal to protect existing rights.”
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.”
Associated Press v. Second Jud. Dist., 529 P.3d 1259 (Idaho 2023). “I.C. § 7-402. Likewise, a writ of mandamus must be “compelled by urgent necessity.”
Bower v. Morden, 880 P.2d 245 (Idaho 1994). “I.C. § 7-402. The writ of prohibition is the counterpart of the writ of mandate.”
Rim View Trout Co. v. Idaho Dep't of Water Resources, 809 P.2d 1155 (Idaho 1991). “” I.C. § 7-402; Murphy v. McCarty, 69 Idaho 193 , 204 P.”
Briggs v. Golden Valley Land & Cattle Co., 546 P.2d 382 (Idaho 1976). “However, even though Cassia County was a proper venue to consider a writ of prohibition, that does not necessarily mean that the district court has authority under I.C. § 7-401 to issue such a writ on the record which is before this Court.”
Agric. Servs., Inc. v. City of Gooding, 818 P.2d 331 (Idaho Ct. App. 1991). “” I.C. § 7-402. It is true that [n]o restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages including reasonable attorney’s fees to be fixed by…”
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