When the application to the court is made without notice to the adverse party, and the writ be allowed, the alternative must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory may be issued in the first instance. The notice of the application, when given, must be at least fourteen (14) days. The writ cannot be granted by default. The case must be heard by the court whether the adverse party appear or not.
Idaho Code § 7-305
Notice of application — Hearing
C.C.P. 1881, § 741; R.S., R.C., & C.L., § 4980; C.S., § 7257; I.C.A., § 13-305; am. 1996, ch. 224, § 2, p. 736.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.