Idaho Code
Idaho Code § 7-604 (2026)
Contempt out of court’s presence — Attachment.
✓ current as of May 2026
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Contempt out of court’s presence — Attachment.
When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause.
Notes of Decisions
Cited in 2
cases, 1963–1988 · leading case: Nab v. Nab, 757 P.2d 1231 (Idaho Ct. App. 1988).
Nab v. Nab, 757 P.2d 1231 (Idaho Ct. App. 1988). “However, a mere allegation that a party is in contempt cannot be substituted for the procedural requisites of the contempt statute, I.C. § 7-604. Em bree v. Embree, 85 Idaho 443 , 380 P.”
Embree v. Embree, 380 P.2d 216 (Idaho 1963). “The contempt statute, I.C. § 7-604, reads: “When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon…”
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