8-101 Arrest in Civil Action
8-102 Grounds for Arrest
8-103 Order for Arrest
8-104 Affidavit for Arrest
8-105 Undertaking Required of Plaintiff
8-106 Time of Making and Contents of Order
8-107 Arrest — How Made
8-108 Arrest — Custody of Defendant
8-109 Right to Bail
8-110 Bail — How Given
8-111 Surrender of Defendant by Bail
8-112 Surrender — How Made — Exoneration or Charge of Bail
8-113 Proceedings Against Bail
8-114 Exoneration of Bail
8-115 Return by Sheriff of Order and Bail Bond — Notice by Plaintiff — Filing of Bond
8-116 Justification of Bail — Notice — New Undertaking
8-117 Qualifications of Bail
8-118 Justification — How Made
8-119 Allowance of Bail
8-120 Deposit With Sheriff
8-121 Deposit — Payment Into Court by Sheriff
8-122 Substituting Bail for Deposit
8-123 Satisfaction of Judgment From Deposit — Refund
8-126 Vacation of Order of Arrest — Application For
8-127 Vacation of Order of Arrest — Reduction of Bail
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Terms Used In Idaho Code > Title 8 > Chapter 1 - Arrest and Bail

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquifer: means any geologic formation that will yield water to a well in sufficient quantities to make production of water from the formation feasible for beneficial use, except when the water in such formation results solely from injection through a deep or shallow injection well. See Idaho Code 42-3902
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bequest: Property gifted by will.
  • board: as used in this chapter shall mean the board of directors of a district. See Idaho Code 42-3202
  • Board: means the board of directors of a ground water district organized pursuant to this chapter. See Idaho Code 42-5201
  • Board: means the board of directors of a district. See Idaho Code 43-714A
  • board of commissioners: means the board of commissioners of the levee district. See Idaho Code 42-4403
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • cloud seeding: means all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of inducing precipitation, cloud forms, or other meteorological parameters. See Idaho Code 42-4301
  • Commissioner: means a member of the board of commissioners of the levee district. See Idaho Code 42-4403
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means a corporation or limited liability company. See Idaho Code 42-5201
  • County commission: means the board of county commissioners or any other governing board or authority for a county, as provided by law. See Idaho Code 42-5201
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deep injection well: means an injection well which is more than eighteen (18) feet in vertical depth below land surface. See Idaho Code 42-3902
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Idaho department of water resources. See Idaho Code 42-5201
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the director of the department of water resources. See Idaho Code 42-3902
  • Director: means the director of the department of water resources. See Idaho Code 42-5201
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • District: means any levee district organized under the provisions of this chapter. See Idaho Code 42-4403
  • District: means a ground water district established, or to be established, pursuant to this chapter. See Idaho Code 42-5201
  • District: means an irrigation district organized under the provisions of title 43, Idaho Code. See Idaho Code 43-714A
  • Drinking water source: means an aquifer which contains water having less than ten thousand (10,000) mg/l total dissolved solids and has not been exempted from this designation by the director of the department of water resources. See Idaho Code 42-3902
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fluid: means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gaseous or any other form or state. See Idaho Code 42-3902
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Formation: means a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is mappable at the earth’s surface or traceable in the subsurface. See Idaho Code 42-3902
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Ground water: when used in this chapter means water under the surface of the ground whatever may be the geologic structure in which it is standing or moving, as provided in section 42-230(a), Idaho Code. See Idaho Code 42-5201
  • Ground water irrigator: means a ground water user holding a ground water right for irrigation purposes within a ground water district. See Idaho Code 42-5201
  • Ground water user: means the legal or beneficial owner of a ground water right, or the user of a ground water right pursuant to lease or contract of a ground water right to divert ground water of the state for a beneficial use or purpose, except for those diverting under rights used solely for domestic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code, and provided, that for purposes of this chapter, the term ground water user shall not include any ground water right held by or on behalf of an Indian tribe or by tribal members for diversion and use within an Indian reservation, ground water rights held by the United States or ground water rights held by the state of Idaho. See Idaho Code 42-5201
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous waste: means any fluid or combination of fluids, excluding radioactive wastes, which because of quantity, concentration or characteristics (physical, chemical or biological) may:
Idaho Code 42-3902
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injection: means the subsurface emplacement of fluids through an injection well, but excludes the following:
    • Idaho Code 42-3902
  • Injection well: means any feature that is operated to allow injection which also meets at least one (1) of the following criteria:
    • Idaho Code 42-3902
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Irrigation waste water: means excess surface water from agricultural fields generated during any agricultural operation, including runoff of irrigation tailwater, as well as natural drainage resulting from precipitation, snowmelt and floodwaters. See Idaho Code 42-3902
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lands: when used in the context of the property of a ground water user subject to district assessment under this chapter, means the real property where ground water is diverted or placed to beneficial use, including the facilities in or through which a ground water user makes beneficial use of ground waters. See Idaho Code 42-5201
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Levee: means a retaining structure alongside a natural lake which has a length that is two hundred (200) times or more greater than its greatest height measured from the lowest elevation of the toe to the maximum crest elevation of the retaining structure. See Idaho Code 42-4403
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed driller: means any person holding a valid license to drill water wells in Idaho as provided and defined in section 42-238, Idaho Code. See Idaho Code 42-3902
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Member: means a ground water user whose lands, facilities and/or water rights are included in and subject to a ground water district and its policies. See Idaho Code 42-5201
  • Mitigation plan: means a plan to prevent or compensate for material injury to holders of senior water rights caused by the diversion and use of water by the holders of junior priority ground water rights who are participants in the mitigation plan. See Idaho Code 42-5201
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipality: means a city incorporated under section 50-102, Idaho Code, a county, or the state of Idaho acting through a department or institution. See Idaho Code 42-202B
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonirrigator: means a ground water user holding a ground water right for commercial, municipal, or industrial purposes within a ground water district. See Idaho Code 42-5201
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operate: means to allow fluids to enter an injection well by action or by inaction of the operator. See Idaho Code 42-3902
  • Operator: means any individual, group of individuals, partnership, company, corporation, municipality, county, state agency, taxing district or federal agency who operates or proposes to operate any injection well. See Idaho Code 42-3902
  • Owner: means any individual, group of individuals, partnership, company, corporation, municipality, county, state agency, taxing district, or federal agency owning land on which any injection well exists or is proposed to be constructed. See Idaho Code 42-3902
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party in interest: means a person or persons, partnership, corporation, business venture, or other entity that holds a recorded purchase contract, mortgage, deed of trust, or lease in and for the property for which a delinquency entry has been made. See Idaho Code 43-714A
  • Person: means an individual, partnership, trust, estate, association, corporation, municipal corporation, the state of Idaho and any of its agencies, the United States, an Indian tribe, a public corporation, or any other public or private entity. See Idaho Code 42-5201
  • person: includes a corporation as well as a natural person;
    • Idaho Code 73-114
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public corporation: means counties, city and counties, cities, school districts, municipal water districts, irrigation districts, recharge districts, water districts, park districts, subdistricts, and all other governmental agencies of this state, having the power of levying or providing for the levy of general or special taxes or special assessments, and any political subdivision of another state of the United States. See Idaho Code 42-5201
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive material: means any material, solid, liquid or gas which emits radiation spontaneously. See Idaho Code 42-3902
  • Radioactive waste: means any fluid which contains radioactive material in concentrations which exceed those established for discharges to water by 10 CFR 20. See Idaho Code 42-3902
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record owner or owners: means the person or entity in whose name or names the property stands upon the records in the county recorder’s office. See Idaho Code 43-714A
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shallow injection well: means an injection well which is less than or equal to eighteen (18) feet in vertical depth below land surface. See Idaho Code 42-3902
  • State: means the state of Idaho. See Idaho Code 42-4403
  • 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surface runoff water: means runoff water from the natural ground surface and cropland. See Idaho Code 42-3902
  • Tax certificate: means a written assignment of a district’s right to a tax deed as provided in section 43-715, Idaho Code. See Idaho Code 43-714A
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasurer: means the duly appointed officer of an irrigation district, and his or her deputies or employees. See Idaho Code 43-714A
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Water right: means the legal right to divert and beneficially use the public waters of the state of Idaho where such right is evidenced by a decree, a permit or a license issued by the department, a beneficial or constitutional use right evidenced by an adjudication claim or claim based on section 42-243, Idaho Code, or a right based on federal law. See Idaho Code 42-5201
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114