Idaho Code 6-311C – Form of Execution
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The execution, should judgment of restitution be rendered, may be in the following form:
STATE OF IDAHO )
ss.
County of…. )
TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY:
WHEREAS, a certain action for the possession of the following described premises, to-wit:
.
.
lately tried before the above entitled court, wherein…. was plaintiff and…. was defendant, judgment was rendered on the…. day of…., A.D.,…., that the plaintiff…. have restitution of the premises, and also that he recover the costs and disbursements in the sum of $….;
Terms Used In Idaho Code 6-311C
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
In the name of the State of Idaho, you are, therefore, hereby commanded to cause the defendant to be forthwith removed from the premises and the plaintiff is to have restitution of the same. In the event the goods and chattels are not promptly removed thereafter by the defendant, the plaintiff is authorized to remove the same pursuant to Section 6-316(2), Idaho Code. Upon returning premises to the plaintiff, the sheriff will make legal service and due return of this writ.
WITNESS My hand and official seal (if issued out of a court of record) this…. day of…., A.D.,…..