Section 6-322 – RULES OF PRACTICE IN GENERAL.
6-322. RULES OF PRACTICE IN GENERAL. The provisions of this code relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter. History: [6-322, added 1977, ch. 45, sec. 6, p. 83.]
Section 6-323 – SERVICE OF NOTICE TO LANDLORD.
6-323. SERVICE OF NOTICE TO LANDLORD. The notice required by section 6-320(d), Idaho Code, shall be served either: (1) By delivering a copy to the landlord or his agent personally; or (2) If the landlord or his agent is absent from his usual place of business, by leaving a copy with an employee at the […]
Section 6-324 – ATTORNEY FEES.
6-324. ATTORNEY FEES. In any action brought under the provisions of this chapter, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney fees. For attorney fees to be awarded in cases requiring the three (3) days’ notice as set forth in section 6-303 2., […]
Section 6-313 – TRIAL BY JURY.
6-313. TRIAL BY JURY. Whenever an issue of fact is presented by the pleadings it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending. History: [(6-313) C.C.P. […]
Section 6-314 – SUFFICIENCY OF EVIDENCE — DEFENSES.
6-314. SUFFICIENCY OF EVIDENCE — DEFENSES. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was […]
Section 6-315 – AMENDMENT OF COMPLAINT.
6-315. AMENDMENT OF COMPLAINT. When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended […]
Section 6-316 – JUDGMENT — RESTITUTION.
6-316. JUDGMENT — RESTITUTION. (1) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceeding be for an […]
Section 6-317 – TREBLE DAMAGES.
6-317. TREBLE DAMAGES. If a landlord or a tenant recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or other tract of land, or for an action brought pursuant to section 6-320, Idaho Code, or for an action brought against a tenant or in bad faith pursuant to […]
Section 6-304 – SERVICE OF NOTICE.
6-304. SERVICE OF NOTICE. The notices required by the preceding section may be served either: 1. By delivering a copy to the tenant personally; or, 2. If he be absent from his place of residence and from his usual place of business, by leaving a copy with some person of suitable age and discretion at […]
Section 6-318 – PLEADINGS MUST BE VERIFIED.
6-318. PLEADINGS MUST BE VERIFIED. The complaint and answer must be verified. History: [(6-318) C.C.P. 1881, sec. 812; R.S., R.C., & C.L., sec. 5107; C.S., sec. 7336; I.C.A., sec. 9-318.]