Idaho State Statutes - Idaho Attorney Directory

(1) For purposes of this
section, a "law enforcement officer" shall be defined as any court personnel,
sheriff, constable, peace officer, state police officer, correctional,
probation or parole official, prosecuting attorney, city attorney, attorney
general, or their employees or agents, or any other person charged with the
duty of enforcement of the criminal, traffic or penal laws of this state or
any other law enforcement personnel or peace officer as defined in chapter 51,
title 19, Idaho Code.
(2) Before any civil action may be filed against any law enforcement
officer or service of civil process on any law enforcement officer, when such
action arises out of, or in the course of the performance of his duty, or in
any action upon the bond of any such law enforcement officer, the proposed
plaintiff or petitioner, as a condition precedent thereto, shall prepare and
file with, and at the time of filing the complaint or petition in any such
action, a written undertaking with at least two (2) sufficient sureties in an
amount to be fixed by the court. The purpose of this requirement is to ensure
diligent prosecution of a civil action brought against a law enforcement
officer, and in the event judgment is entered against the plaintiff or
petitioner, for the payment to the defendant or respondent of all costs and
expenses that may be awarded against the plaintiff or petitioner, including
an award of reasonable attorney's fees as determined by the court.
(3) In any such civil action the prevailing party shall be entitled to an
award of costs as otherwise provided by law. The official bond of any law
enforcement officer under this section shall be liable for any such costs.
(4) At any time during the course of a civil action against a law
enforcement officer, the defendant or respondent may except to either the
plaintiff's or petitioner's failure to file a bond or to the sufficiency of
the sureties or to the amount of the bond.
(5) When the defendant or respondent excepts to the plaintiff's or
petitioner's failure to post a bond under this section, the judge shall
dismiss the case.
(6) When the defendant or respondent excepts to the sufficiency of the
sureties[,] the sureties must be justified by the plaintiff or petitioner.
Upon failure to justify the judge must dismiss the case.
(7) When the amount of the bond is excepted to, a hearing may be held
upon notice to the plaintiff or petitioner by the defendant or respondent of
not less than two (2) nor more than ten (10) working days after the date the
exception is filed, before the judge of the court in which the action is
brought. If it appears that the bond is insufficient in amount, the judge
shall order a new bond sufficient in amount to be filed within five (5) days
of the date such order is received by the plaintiff or petitioner. If no such
bond is filed as required by the order of the court, the judge shall dismiss
the action.

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