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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) The writ of possession shall be directed to the sheriff within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the evidence, there is probable cause to believe the property or some part thereof will be found. It shall direct the sheriff to seize the same if it is found in the possession of the defendant or his agent and to retain it in his custody. There shall be attached to such writ a copy of the written undertaking filed by the plaintiff, and such writ shall inform the defendant that he has the right to except to the sureties upon such undertaking or to file a written undertaking for the redelivery of such property, as provided in section 8-306, Idaho Code.
(2) Upon probable cause shown by further affidavit made by the plaintiff or someone on his behalf, filed with the court, additional writs of possession may be issued by the court, without further notice, to direct any sheriff within whose jurisdiction the property may be located to search for the property at another location or locations and to seize the same, if found.
Cite this article: FindLaw.com - Idaho Statutes Title 8. Provisional Remedies in Civil Actions § 8-304. Contents of writ - last updated January 01, 2024 | https://codes.findlaw.com/id/title-8-provisional-remedies-in-civil-actions/id-st-sect-8-304/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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