Idaho Code
Idaho Code

Idaho Code § 7-614 (2026)

Nonappearance of defendant. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Nonappearance of defendant. 

When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.

Notes of Decisions
Cited in 11 cases, 1965–1987 · leading case: Jones v. Jones, 428 P.2d 497 (Idaho 1967).
Sort: Relevance Newest Treatment
Jones v. Jones, 428 P.2d 497 (Idaho 1967). · cites it 22× “I.C. § 7-614 expressly provides that "[t]he judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.”
State v. Talmage, 658 P.2d 920 (Idaho 1983). · cites it 8× “The Circuit Court of Appeals upheld the first order, as would have I, but held "it was error to attempt to coerce this witness into testifying before a jury which had been disbanded and could not be legally recalled.”
Marks v. Vehlow, 671 P.2d 473 (Idaho 1983). · cites it 4× “Appellant contends that the September 19 order of contempt was appealed to the Supreme Court which appeal divested the magistrate of any authority to modify the order.”
In Re Contempt of Reeves, 733 P.2d 795 (Idaho Ct. App. 1987). · cites it 6× “" Although the Supreme Court interpreted this statute to bar the appeal of contempt orders, it did not consider the statute to preclude all scrutiny of trial court actions.”
Mathison v. Felton, 408 P.2d 457 (Idaho 1965). · cites it 4× “The trial court rendered finding of fact and conclusions of law, and based thereon entered its judgment holding Mathison in contempt of court, fining him $500.”
Lester v. Lester, 580 P.2d 853 (Idaho 1978). · cites it 2× “” The third issue is whether the trial court erred in denying appellant’s request for attorney fees in these proceedings.”
Glenn Dale Ranches, Inc. v. Shaub, 522 P.2d 61 (Idaho 1974). · cites it 4× “An order holding a person in contempt is not an appealable order under I.C. § 7-614. In Barnett v. Reed, 93 Idaho 319 , 460 P.”
Barnett v. Reed, 460 P.2d 744 (Idaho 1969). · cites it 2× “The question is not a novel one before this court, and the scope and limitations of the contempt power held by the courts previously have been defined and established in Idaho.”
Dutton v. Dist. Court of Third Jud. Dist. Ex Rel. Cnty. of Owyhee, 518 P.2d 1182 (Idaho 1974). · cites it 2× “After hearing oral arguments, the district court found petitioner to be in contempt of court and imposed the fine and jail term.”
Parker v. Parker, 541 P.2d 1177 (Idaho 1975). · cites it 2× “Thus, we think it is clear that Fred Parker has appealed from the order of the court finding him in contempt for failure to pay attorney fees and construe his assignment of error to that effect.”
Reeves v. Reynolds, 733 P.2d 795 (Idaho Ct. App. 1987). · cites it 6× “” Although the Supreme Court interpreted this statute to bar the appeal of contempt orders, it did not consider the statute to preclude all scrutiny of trial court actions.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.