6-301 Forcible Entry Defined
6-302 Forcible Detainer Defined
6-303 Unlawful Detainer Defined
6-304 Service of Notice
6-305 Jurisdiction of District Court
6-308 Parties Defendant
6-309 Parties Generally
6-310 Action for Possession — Complaint — Summons
6-311 Continuance
6-311A Judgment On Trial by Court
6-311C Form of Execution
6-311D Additional Undertaking On Appeal
6-311E Action for Damages — Complaint — Summons
6-312 Judgment by Default
6-313 Trial by Jury
6-314 Sufficiency of Evidence — Defenses
6-315 Amendment of Complaint
6-316 Judgment — Restitution
6-317 Treble Damages
6-318 Pleadings Must Be Verified
6-319 Appeal as Stay
6-320 Action for Damages and Specific Performance by Tenant
6-321 Security Deposits
6-322 Rules of Practice in General
6-323 Service of Notice to Landlord
6-324 Attorney Fees

Terms Used In Idaho Code > Title 6 > Chapter 3

  • Administrator: means the administrator of the division of animal industries, Idaho state department of agriculture, or his designee. See Idaho Code 25-239
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agreement: means any agreement between a distributor and a supplier, whether oral or written, whereby a distributor is granted the right to purchase a brand, or brands, of beer sold by a supplier and to resell such products within the state of Idaho. See Idaho Code 23-1102
  • Alcoholic beverages: means such beverages as defined in section 23-105, Idaho Code, as alcoholic liquor, including alcohol, spirits, wine or any combination thereof, and beverages defined in section 23-1001, Idaho Code, as beer. See Idaho Code 23-1401
  • 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.
  • Ancillary business: means a business owned by a distributor, by a substantial stockholder of a distributor, or by a substantial partner of a distributor, the primary business of which is directly related to the transporting, storing or marketing of the supplier’s products. See Idaho Code 23-1102
  • 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
  • Approved feedlot: means a livestock feedlot, inspected and approved by the department, for finish feeding cattle or bison of unknown disease, test or vaccination status. See Idaho Code 25-239
  • 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.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • beer: means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water. See Idaho Code 23-1001
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: means the Idaho horse board. See Idaho Code 25-2503
  • Brand: means one, either, or both of the following:
Idaho Code 25-1101
  • brand board: means the state brand board. See Idaho Code 25-2503
  • Brand inspection certificate: means a certificate on a form adopted by the state brand board, listing the animals for which the certificate is issued, describing the animals listed thereon, listing the name and address of the owner of the livestock, the name and address of the new owner, the listing of the place of origin and of destination of such transportation, and such other information as may be required by the state brand board. See Idaho Code 25-1101
  • Brand inspector: means the state brand inspector, any authorized deputy or assistant brand inspector, or any other person authorized by the laws of the state of Idaho to make brand inspections. See Idaho Code 25-1101
  • brewer: means a person licensed to manufacture beer. See Idaho Code 23-1001
  • Brewery: means a place, premises or establishment for the manufacture, bottling or canning of beer. See Idaho Code 23-902
  • Buying station: means a livestock facility where cattle are gathered to be shipped directly to slaughter within seven (7) days of arrival at the buying station. See Idaho Code 25-239
  • Certificate of approval: means a license issued to a person whose business is located outside of the state of Idaho, who sells beer to wholesalers located within the state of Idaho. See Idaho Code 23-1001
  • Club: includes any of the following organizations where the sale of spirituous liquor for consumption on the premises is made to members and to bona fide guests of members only:
  • Idaho Code 23-902
  • 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.
  • Convention: means a formal meeting of members, representatives, or delegates, as of a political party, fraternal society, profession or industry. See Idaho Code 23-902
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • dealer: means a person licensed to import beer into this state for sale to a wholesaler. See Idaho Code 23-1001
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Idaho state department of agriculture. See Idaho Code 25-239
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated member: means :
  • Idaho Code 23-1102
  • Dessert wine: means only those wines that contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty-four percent (24%) alcohol by volume. See Idaho Code 23-1303
  • Devise: To gift property by will.
  • Director: means the director of the Idaho state police. See Idaho Code 23-902
  • director: means the director of the Idaho state police. See Idaho Code 23-1001
  • Director: means the director of the Idaho state police. See Idaho Code 23-1303
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means a business entity, whether sole proprietorship, partnership, corporation, association, syndicate, or any other combination of persons, licensed by the state of Idaho to sell beer to retailers. See Idaho Code 23-1102
  • Distributor: means a person to whom a wine distributor’s license has been issued. See Idaho Code 23-1303
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Festival: means a period or program of festive activities, cultural events or entertainment lasting three (3) or more consecutive days. See Idaho Code 23-902
  • 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.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gaming: means any and all gambling or games of chance defined in chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof, whether those games are licensed or unlicensed. See Idaho Code 23-902
  • Good faith: means honesty in fact in the conduct or transaction involved and the observance of reasonable commercial standards of fair dealing in the trade, as such term and standards are defined in, and interpreted pursuant to, the uniform commercial code, title 28, Idaho Code. See Idaho Code 23-1102
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • 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.
  • horse: means the equine species. See Idaho Code 25-2503
  • Hospitality cabinet: means a closed container, either refrigerated in whole or in part or nonrefrigerated, where access to the interior portion containing alcoholic beverages are contained is restricted by means of a locking device which requires the use of a key, magnetic card, or similar device. See Idaho Code 23-1401
  • Importer: means a person to whom a wine importer’s license has been issued. See Idaho Code 23-1303
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • 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.
  • 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
  • Legal drinking age: means the age when a person is legally allowed to purchase or consume any alcoholic beverage, as provided in section 23-615, Idaho Code. See Idaho Code 23-1401
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued by the director to a qualified person, under which it shall be lawful for the licensee to sell and dispense liquor by the drink at retail, as provided by law. See Idaho Code 23-902
  • Licensee: means the person to whom a license is issued under the provisions of law. See Idaho Code 23-902
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquor: means all kinds of liquor sold by and in a state liquor store of the state of Idaho. See Idaho Code 23-902
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means any cattle, horses, mules or asses. See Idaho Code 25-1101
  • Livestock market: means any facility where livestock are sold, received or shipped for profit. See Idaho Code 25-239
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • modify: means any alteration or change in the agreement, which causes a material change in the distributor’s business or relationship with the supplier, and which alteration or change does not apply to all distributors in the state of Idaho who distribute supplier’s products. See Idaho Code 23-1102
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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: means a social gathering especially for pleasure or amusement and includes, but is not limited to, such social events as weddings, birthdays, and special holiday celebrations to include, but not be limited to, New Year’s celebrations, Super Bowl Sunday, St. See Idaho Code 23-902
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Person: means any individual, corporation, business corporation, nonprofit corporation, benefit corporation as defined in section 30-2002(1), Idaho Code, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, estate, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, any entity defined in section 30-21-102, Idaho Code, or any other commercial entity, whether conducting the business singularly or collectively. See Idaho Code 23-902
  • person: includes any individual, firm, copartnership, association, corporation or any group or combination acting as a unit, and the plural as well as the singular number unless the intent to give a more limited meaning is disclosed by the context. See Idaho Code 23-1001
  • Person: means any individual, partnership, corporation, association, syndicate, or any other combination of individuals or corporations. See Idaho Code 23-1102
  • Person: includes an individual, firm, copartnership, association, corporation, or any group or combination acting as a unit, and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the context in which it is used. See Idaho Code 23-1303
  • Person: means every natural person, firm, association, partnership, company business or corporation. See Idaho Code 25-1101
  • person: includes a corporation as well as a natural person;
  • Idaho Code 73-114
  • 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.
  • 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.
  • Premises: means the building and contiguous property owned or leased or used under a government permit by a licensee, as part of the business establishment in the business of sale of liquor by the drink at retail, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, ski resorts, courtyards, patios, poolside areas or similar improved appurtenances in which the sale of liquor by the drink at retail is authorized under the provisions of law. See Idaho Code 23-902
  • premises: means the building and contiguous property owned, or leased or used under government permit by a licensee as part of the business establishment in the business of sale of beer at retail, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, ski resorts, courtyards, patios, poolside areas or similar improved appurtenances in which the sale of beer at retail is authorized under the provisions of law. See Idaho Code 23-1001
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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.
  • Qualified facility: means a hotel, inn or motel which is licensed to sell alcoholic beverages for on-premises consumption and which contains guest room accommodations. See Idaho Code 23-1401
  • Qualified registered guest: means each person of legal drinking age who signs the guest register of a qualified facility or takes some other equivalent action for the purpose of registering as a guest of such qualified facility. See Idaho Code 23-1401
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail wine license: means a license issued by the director, authorizing a person to sell table wine and/or dessert wine at retail for consumption off the licensed premises. See Idaho Code 23-1303
  • retailer: means a person licensed to sell beer to consumers at premises described in the license. See Idaho Code 23-1001
  • Retailer: means a person to whom a retail wine license has been issued. See Idaho Code 23-1303
  • Retaliatory action: includes the refusal to continue an agreement, or a material part thereof, or a material reduction in the quality of service or quantity of products available to a distributor under an agreement, which refusal or reduction is not made in good faith. See Idaho Code 23-1102
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Rules: means rules promulgated by the director in accordance with the provisions of law. See Idaho Code 23-902
  • 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.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • 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
  • State liquor store: means a liquor store or distributor established under and pursuant to the laws of the state of Idaho for the package sale of liquor at retail. See Idaho Code 23-902
  • Statute: A law passed by a legislature.
  • Stock grower: means any person owning any livestock in this state to be slaughtered for human consumption whether in this state or outside of this state, or any person engaging in the business of breeding, growing or raising livestock. See Idaho Code 25-1101
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means any person, either within or outside the state of Idaho, who enters into an agreement with a distributor for the sale of beer to such distributor with the intent that such products will be resold by the distributor to retailers within the state of Idaho. See Idaho Code 23-1102
  • Table wine: shall mean any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added. See Idaho Code 23-1303
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Theater: means a room, place or outside structure for performances or readings of dramatic literature, plays or dramatic representations of an art form not in violation of any provision of Idaho law. See Idaho Code 23-902
  • theater: means a room, place or outside structure for performances or readings of dramatic literature, plays or dramatic representations of an art form not in violation of any provision of Idaho law. See Idaho Code 23-1001
  • 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.
  • Transportation: means the movement of livestock in any manner. See Idaho Code 25-1101
  • 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.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vintner: means a person who manufactures, bottles, or sells table wine or dessert wine to importers for resale within this state other than a licensed "winery" as herein defined. See Idaho Code 23-1303
  • wholesaler: means any person licensed to sell beer to retailers, wholesalers, permittees or consumers and distribute beer from warehouse premises described in the license. See Idaho Code 23-1001
  • Wine: includes table wine and dessert wine, unless the context requires otherwise. See Idaho Code 23-1303
  • Wine by the drink license: means a license to sell table wine or dessert wine by the individual glass or opened bottle at retail, for consumption on the premises only. See Idaho Code 23-1303
  • Winery: means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. See Idaho Code 23-902
  • Winery: means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. See Idaho Code 23-1303
  • Winery license: means a license issued by the director authorizing a person to maintain a winery. See Idaho Code 23-1303
  • 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