by admin | May 11, 2021 | Civil Procedure, Idaho
This rule governs all contempt proceedings brought in connection with a criminal proceeding. It does not apply to contempt charged under Idaho Code ยง 18-1801, or any other criminal statute.(a) Definitions. The following definitions apply to this rule. (1)Petitioner. A...
by admin | May 11, 2021 | Civil Procedure, Idaho
(a) Items to be Reclaimed. At any time after a criminal action begins, any interested party or person may apply to the trial court for an order permitting the party or person to reclaim:(1) exhibits offered or admitted in evidence;(2) documents or property displayed...
by admin | May 11, 2021 | Civil Procedure, Idaho
(a) Authority to Issue Warrant. At the request of a law enforcement officer or any attorney for the state of Idaho, a search warrant may be issued by a district judge or magistrate within the judicial district where the county of proper venue is located. If it does...
by admin | May 11, 2021 | Civil Procedure, Idaho
Id. Crim. R. 40
by admin | May 11, 2021 | Civil Procedure, Idaho
(a) Application for Relief. An application for post-conviction relief from a judgment of conviction or sentence must be in the form of a petition and filed in the district court where the defendant was convicted. The petition must be in substantially the form found in...
by admin | May 11, 2021 | Civil Procedure, Idaho
(a) Death Sentence. The court must stay a death sentence if the defendant appeals the conviction or sentence.(b) Imprisonment.(1)Stay Granted. If the defendant is released pending appeal, the court must stay a sentence of imprisonment.(2)Stay Denied; Place of...
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