Idaho State Statutes - Idaho Attorney Directory

If the action or
proceeding is in a probate or justice's court, a change of the place of trial
may be had:
1. When it appears from the affidavit of the defendant that he has reason
to believe, and does believe that he cannot have a fair and impartial trial
before the probate judge or justice about to try the case, by reason of the
prejudice or bias of such judge or justice, the cause must be transferred to
any other justice of the county or the probate court thereof.
2. When in a justice's court it appears from affidavits that the
defendants can not have a fair and impartial trial, by reason of the prejudice
of the citizens of the precinct, the cause must be transferred to a justice of
a precinct where the same prejudice does not exist, or to the probate court:
Provided, the defendant shall have served written notice upon the
prosecuting attorney of his intention to apply for such change of venue, at
least twenty-four [(24)] hours before the time set for such trial; or if the
defendant fail to give such notice, such change may only be granted upon the
payment by the defendant of all accrued costs.

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