Idaho Code
Idaho Code § 7-403 (2026)
Alternative and peremptory writs.
✓ current as of May 2026
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Alternative and peremptory writs.
The writs must be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein until the further order of the court from which it is issued, or to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained, etc., must be omitted and a return day inserted.
Notes of Decisions
Cited in 3
cases, 1966–1985 · leading case: Low v. Park Price Co., 503 P.2d 291 (Idaho 1972).
Low v. Park Price Co., 503 P.2d 291 (Idaho 1972). “§ 69-108 was superseded by the pertinent Uniform Commercial Code provision, § 7-403 (I.C. § 28-7-403). The drafters of the U.”
Brookshier v. Hyatt, 420 P.2d 788 (Idaho 1966). “Plaintiffs then sought from this Court, in an original proceeding, a writ of prohibition, I.C. § 7-403, restraining the trial court from proceeding further in the child custody proceeding, pending the outcome of the appeal.”
Coeur D'Alene Indus. Park Prop. Owners Ass'n v. City of Coeur D'Alene, 702 P.2d 881 (Idaho Ct. App. 1985). “See I.C. § 7-403. The court held that a city’s power of annexation is not conditioned upon compliance with I.”
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