2005 Idaho Code - 31-206 — PROCEDURE IN CASE OF CONTEST

                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 2
                         REMOVAL OF COUNTY SEATS AND
                         CHANGE OF COUNTY BOUNDARIES
    31-206.  PROCEDURE IN CASE OF CONTEST. It shall be the duty of said court,
on the first day of and during said term of court, to hear all evidence for
and against said petition or petitions as to the lists of names filed in said
court under this chapter, and to strike from such petition or petitions all
names proved by competent evidence to be fictitious, and the names of persons
having no legal right to sign the same under this chapter. In case there shall
be no contest, or if the court finds, after striking from said petition or
petitions all names proved to be fictitious, and all names not legally signed
thereto, that it still contains the number of names of legal voters required
by this chapter, the court shall order said election according to the prayer
of said petition and subject to the provisions of section 34-106, Idaho Code.
In case of a contest to said petition or petitions, it shall be the duty of
the clerk of said court, on request of the persons contesting any petition
under the provisions of this chapter, to issue subpoenas for such witnesses as
said persons shall name; and it shall be the duty of said clerk, on request of
any legal voter of the county for the purpose of sustaining any petition, in
like manner to issue subpoenas for such witnesses as he shall name. Said
subpoenas to be made returnable to the term of court at which such contest
will be made.