Idaho Code
Idaho Code

Idaho Code § 8-307 (2026)

Qualifications of sureties — Protests. 

✓ current as of May 2026
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Qualifications of sureties — Protests. 

The qualification of sureties under any written undertaking referred to in this chapter shall be such as are prescribed by this code, in respect to bail upon an order of civil arrest. Either party may, within two (2) days after service of an undertaking or notice of filing an undertaking under the provisions of this chapter, give written notice to the court, the other party and the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When a party excepts, the other party’s sureties shall justify on notice within not less than two (2) nor more than five (5) days, in like manner as upon bail in civil arrest. If the property be in the custody of the sheriff, he shall retain custody thereof until the justification is completed or waived or fails. If the sureties fail to justify, the sheriff shall proceed as if no such undertaking had been filed. If the sureties justify or the exception is waived, he shall deliver the property to the party filing such undertaking.

Notes of Decisions
Cited in 1 case, 1963–1963 · leading case: Nat'l Motor Serv. Co. v. Walters, 379 P.2d 643 (Idaho 1963).
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Nat'l Motor Serv. Co. v. Walters, 379 P.2d 643 (Idaho 1963). · cites it 2× “A bond for the redelivery of property taken by the sheriff in an action of claim and delivery is required to be given as a condition precedent to redelivery by the sheriff, I.C. § 8-307 et seq. The majority rule, fortified by the better reasoned decisions, is to the effect that,…”
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