8-105. UNDERTAKING REQUIRED OF PLAINTIFF. Before making the order the judge must require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the judge, which must be at least $500, to the effect that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the same be wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking must be filed with the clerk of the court.
History:
[(8-105) C.C.P. 1881, sec. 274; R.S., R.C., & C.L., sec. 4244; C.S., sec. 6733; I.C.A., sec. 6-105.]
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.