8-104. AFFIDAVIT FOR ARREST. The order may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section 8-102. The affidavit must be either positive or upon information and belief; and when upon information and belief, it must state the facts upon which the information and belief are founded. If an order of arrest be made, the affidavit must be filed with the clerk of the court.
History:
[(8-104) C.C.P. 1881, sec. 273; R.S., R.C., & C.L., sec. 4243; C.S., sec. 6732; I.C.A., sec. 6-104.]
Structure Idaho Code
Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS
Section 8-101 - ARREST IN CIVIL ACTION.
Section 8-102 - GROUNDS FOR ARREST.
Section 8-103 - ORDER FOR ARREST.
Section 8-104 - AFFIDAVIT FOR ARREST.
Section 8-105 - UNDERTAKING REQUIRED OF PLAINTIFF.
Section 8-106 - TIME OF MAKING AND CONTENTS OF ORDER.
Section 8-107 - ARREST — HOW MADE.
Section 8-108 - ARREST — CUSTODY OF DEFENDANT.
Section 8-109 - RIGHT TO BAIL.
Section 8-110 - BAIL — HOW GIVEN.
Section 8-111 - SURRENDER OF DEFENDANT BY BAIL.
Section 8-112 - SURRENDER — HOW MADE — EXONERATION OR CHARGE OF BAIL.
Section 8-113 - PROCEEDINGS AGAINST BAIL.
Section 8-114 - EXONERATION OF BAIL.
Section 8-115 - RETURN BY SHERIFF OF ORDER AND BAIL BOND — NOTICE BY PLAINTIFF — FILING OF BOND.
Section 8-116 - JUSTIFICATION OF BAIL — NOTICE — NEW UNDERTAKING.
Section 8-117 - QUALIFICATIONS OF BAIL.
Section 8-118 - JUSTIFICATION — HOW MADE.
Section 8-119 - ALLOWANCE OF BAIL.
Section 8-120 - DEPOSIT WITH SHERIFF.
Section 8-121 - DEPOSIT — PAYMENT INTO COURT BY SHERIFF.
Section 8-122 - SUBSTITUTING BAIL FOR DEPOSIT.
Section 8-123 - SATISFACTION OF JUDGMENT FROM DEPOSIT — REFUND.
Section 8-126 - VACATION OF ORDER OF ARREST — APPLICATION FOR.
Section 8-127 - VACATION OF ORDER OF ARREST — REDUCTION OF BAIL.