31-2218. ELISOR, WHEN APPOINTED. Process and orders in an action or proceeding may be executed by a person residing in the county, designated by the court, the judge thereof, or a magistrate judge, and denominated an elisor in the following cases:
1. When the sheriff and coroner are both parties.
2. When either of these officers is a party and the process is against the other; and,
3. When either of these officers is a party and there is a vacancy in the office of the other, or when it appears by affidavit to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice or other cause would not act promptly or impartially.
When the process is delivered to an elisor he must execute and return it in the same manner as the sheriff is required to execute similar process.
History:
[(31-2218) 1863, p. 475, secs. 57, 58; R.S., sec. 1887; reen. R.C. & C.L., sec. 2040; C.S., sec. 3612; I.C.A., sec. 30-1718; am. 1989, ch. 14, sec. 4, p. 16.]
Structure Idaho Code
Title 31 - COUNTIES AND COUNTY LAW
Section 31-2201 - PROCESS AND NOTICE DEFINED.
Section 31-2202 - DUTIES OF SHERIFF.
Section 31-2203 - PROCESS RETURNABLE TO ANOTHER COUNTY.
Section 31-2204 - RETURN IS PRIMA FACIE EVIDENCE.
Section 31-2205 - PENALTY FOR FAILURE TO RETURN.
Section 31-2206 - REFUSAL TO LEVY EXECUTION.
Section 31-2207 - REFUSAL TO PAY OVER MONEY.
Section 31-2211 - DIRECTIONS MUST BE IN WRITING.
Section 31-2212 - OFFICE DEEMED VACANT, WHEN.
Section 31-2213 - APPARENTLY GOOD PROCESS MUST BE EXECUTED.
Section 31-2214 - MUST EXHIBIT PROCESS.
Section 31-2215 - SHERIFF IS COURT CRIER.
Section 31-2216 - SERVICE ON SHERIFF.
Section 31-2217 - CORONER TO EXECUTE CERTAIN PROCESS.
Section 31-2218 - ELISOR, WHEN APPOINTED.
Section 31-2219 - COMPENSATION FOR SERVICES TO STATE.
Section 31-2220 - INCARCERATION OF SHERIFF ON ARREST.
Section 31-2221 - ELISOR HAS POWERS OF SHERIFF.
Section 31-2222 - TERMINATION OF SHERIFF’S POWERS.
Section 31-2223 - DELIVERY OF PROPERTY TO SUCCESSOR.
Section 31-2224 - DELIVERY OF PROPERTY TO SUCCESSOR — WRITTEN TRANSFER AND RECEIPT.
Section 31-2225 - COMPLETION OF PROCESS.
Section 31-2226 - REFUSAL TO DELIVER PROPERTY.
Section 31-2227 - ENFORCEMENT OF PENAL LAWS — PRIMARY RESPONSIBILITY.