34-2015. AMENDMENTS. The proceedings shall not be dismissed for want of form, if the particular causes of contest are alleged with such certainty as will sufficiently advise the incumbent of the real grounds of contest. If any part of the causes are held insufficient they may be amended, but the incumbent will be entitled to an adjournment if he state on oath that he has a matter to answer to the amended causes, for the preparation of which he needs further time. Such adjournment shall be upon such terms as the court deems reasonable; but if all the causes are held insufficient, and an amendment is asked the adjournment shall be at the cost of the contestant. If no amendment is asked for or made, or in case of entire failure to prosecute, the proceedings may be dismissed.
History:
[(34-2015) 1890-1891, p. 57, sec. 156; reen. 1899, p. 33, sec. 143; reen. R.C. & C.L., sec. 5040; C.S., sec. 7288; I.C.A., sec. 33-1715.]
Structure Idaho Code
Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES
Section 34-2001 - GROUNDS OF CONTEST.
Section 34-2002 - TERM INCUMBENT DEFINED.
Section 34-2003 - MISCONDUCT OF JUDGES.
Section 34-2004 - JURISDICTION — CONTESTS OVER JUDICIAL OFFICES.
Section 34-2005 - JURISDICTION — REMOVAL OF COUNTY SEATS AND SPECIAL QUESTIONS.
Section 34-2006 - JURISDICTION — COUNTY AND PRECINCT OFFICERS.
Section 34-2007 - WHO MAY CONTEST ELECTIONS.
Section 34-2008 - COMPLAINT AND SECURITY FOR COSTS.
Section 34-2009 - COMPLAINT — SPECIFIC ALLEGATIONS.
Section 34-2010 - ISSUANCE OF SUMMONS.
Section 34-2011 - TIME FOR TRIAL.
Section 34-2012 - POSTPONEMENT OF TRIAL.
Section 34-2013 - PROCEDURE IN GENERAL.
Section 34-2014 - TESTIMONY — SUBPOENA FOR WITNESSES.
Section 34-2016 - FORM AND SERVICE OF PROCESS.
Section 34-2017 - VOTERS TO TESTIFY AS TO QUALIFICATIONS.
Section 34-2018 - INSPECTION OF BALLOTS AND POLL BOOKS.
Section 34-2019 - BALLOTS AND POLL BOOKS — RETURN TO COUNTY AUDITOR.
Section 34-2020 - LIABILITY FOR COSTS.
Section 34-2021 - FORM OF JUDGMENT.
Section 34-2022 - DETERMINATION OF TIE VOTE.
Section 34-2023 - ORDER FOR POSSESSION.
Section 34-2024 - ELECTION DECLARED VOID.
Section 34-2025 - APPEAL AND SUPERSEDEAS.
Section 34-2026 - JUDGMENT OF AFFIRMANCE.
Section 34-2027 - COST OF BOND ON APPEAL.
Section 34-2028 - CONTEST OF NOMINATION AT PRIMARIES.
Section 34-2029 - JURISDICTION OVER PRIMARY CONTEST.
Section 34-2030 - FILING OF AFFIDAVIT.
Section 34-2031 - SECURITY FOR COSTS.