10-1217. DECLARATORY JUDGMENT OF LEGAL DEATH. The court has the authority through a declaratory judgment to determine that a person who is absent, and who has not been heard from, is legally dead. In making such determination, the court may, at any time, consider all evidence available, and may rule, based on clear and convincing evidence before it, that the person is dead, or that there is insufficient evidence to so rule.
History:
[I.C., sec. 10-1217, as added by 1974, ch. 32, sec. 1, p. 985.]
Structure Idaho Code
Title 10 - ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS
Chapter 12 - DECLARATORY JUDGMENTS
Section 10-1201 - DECLARATORY JUDGMENTS AUTHORIZED — FORM AND EFFECT.
Section 10-1202 - PERSON INTERESTED OR AFFECTED MAY HAVE DECLARATION.
Section 10-1203 - CONSTRUCTION OF CONTRACTS.
Section 10-1204 - REPRESENTATIVES AND PERSONS BENEFICIALLY INTERESTED — RIGHT TO DECLARATION.
Section 10-1205 - ENUMERATION NOT A LIMITATION.
Section 10-1206 - WHEN COURT MAY REFUSE JUDGMENT OR DECREE.
Section 10-1207 - REVIEW OF ORDERS, JUDGMENTS AND DECREES.
Section 10-1208 - FURTHER RELIEF ON PETITION — SHOWING BY ADVERSE PARTY.
Section 10-1209 - ISSUES OF FACT — TRIAL AND DETERMINATION.
Section 10-1211 - PARTIES TO ACTION — MUNICIPAL ORDER OR FRANCHISE.
Section 10-1212 - CONSTRUCTION OF ACT.
Section 10-1213 - “PERSON” DEFINED.
Section 10-1214 - SEPARABILITY — EXCEPTION.
Section 10-1215 - CONSTRUCTION TO EFFECTUATE UNIFORMITY.