TITLE 1

COURTS AND COURT OFFICIALS

CHAPTER 16

MISCELLANEOUS PROVISIONS

1-1607.  Nonjudicial days. No court can be opened nor can any judicial business be transacted on any day enumerated in section 73-108, Idaho Code, or on every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday, or on a day on which the general election is held, except for the following purposes:

1.  To give, upon their request, instructions to a jury when deliberating on their verdict.

2.  To receive a verdict or discharge a jury.

3.  For the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature: provided, that in civil causes orders of arrest may be made and executed; writs of attachment, executions, injunctions and writs of prohibition may be issued and served; proceedings to recover possession of personal property may be had; and suits for the purpose of obtaining any such writs and proceedings may be instituted on any day.

History:

[(1-1607) C.C.P. 1881, sec. 46; R.S., R.C., & C.L., sec. 3866; C.S. 6481; I.C.A., sec. 1-1607; am. 1961, ch. 270, sec. 1, p. 480; am. 1971, ch. 84, sec. 1, p. 186.]