8-126. VACATION OF ORDER OF ARREST — APPLICATION FOR. A defendant arrested may, at any time before the trial of the action, or if there be no trial, before the entry of judgment, apply to the judge of the court in which the action is pending, or to the court, upon reasonable notice, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of defendant, but not otherwise, the plaintiff may oppose the same by affidavits, or other proofs, in addition to those on which the order of arrest was made.
History:
[(8-126) C.C.P. 1881, sec. 295; R.S., R.C., & C.L., sec. 4265; C.S., sec. 6754; I.C.A., sec. 6-126.]
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.