Idaho State Statutes - Idaho Attorney Directory

The qualification of sureties under any
written undertaking referred to in this chapter shall be such as prescribed by
the code in respect to bail upon an order of civil arrest. Either party may,
within two (2) days after service of an undertaking or notice of filing an
undertaking under the provisions of this chapter, give written notice to the
court, the other party and the sheriff that he excepts to the sufficiency of
the sureties. If he fails to do so, he is deemed to have waived all objections
to them. When a party excepts, the other party's sureties shall justify on
notice within not less than two (2), nor more than five (5) days, in like
manner as upon bail upon civil arrest. If any of the defendant's property be
in the custody of the sheriff, he shall retain custody thereof until the
justification is completed or waived or fails. If the sureties for the
plaintiff's undertaking, filed pursuant to section 8-503, Idaho Code, fail to
justify, the writ of attachment must be vacated and the sheriff shall return
the property to the defendant. If the sureties for the defendant's
undertaking, filed pursuant to section 8-506C, Idaho Code, fail to justify,
the sheriff shall proceed as if no such undertaking had been filed. If the
sureties justify or the exception is waived, the sheriff shall proceed as if
no such exception had been filed.

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