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the Idaho Code and Statutes
2005 Idaho Code - 8-304 — CONTENTS OF WRIT
TITLE 8
PROVISIONAL REMEDIES IN CIVIL ACTIONS
CHAPTER 3
CLAIM AND DELIVERY
OF PERSONAL PROPERTY
8-304. CONTENTS OF WRIT. (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.
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