Terms Used In Idaho Code 8-308

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: includes both real and personal property. See Idaho Code 73-114
When the sheriff has taken property as provided in this chapter, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his fees for taking and his necessary expenses for keeping the same, after expiration of five (5) days after service upon the defendant of a copy of the written undertaking as provided in section 8-305, Idaho Code, unless defendant shall file an undertaking for redelivery as provided in section 8-306, Idaho Code, and expiration of the time for exception to the sureties upon any undertaking, unless the court shall by order stay such delivery.