Idaho Order on Motion to Retain

State:
Idaho
Control #:
ID-SKU-341
Format:
Rich Text
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Description

Order on Motion to Retain

An Idaho Order on Motion to Retain is a court order issued by a judge in the state of Idaho that authorizes the retention of funds from a party’s assets for the purpose of paying a debt or fulfilling an obligation. This type of order is commonly issued when a creditor seeks to recover money owed from an individual or entity. There are three types of Idaho Orders on Motion to Retain: (1) temporary, (2) permanent, and (3) garnishment. A temporary Order on Motion to Retain is a court order that allows for the immediate withholding of funds from a debtor’s assets in order to pay a debt or other obligation. A permanent Order on Motion to Retain is a court order that authorizes the continued withholding of funds from a debtor’s assets in order to pay a debt or other obligation. A garnishment Order on Motion to Retain is a court order that authorizes the withholding of funds from a debtor’s wages or bank accounts in order to pay a debt or other obligation.

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FAQ

An order for dismissal is a bar to any other prosecution for the same offense if it is a misdemeanor, unless the order of dismissal is due to the defendant's agreement to participate in a diversion program pursuant to Idaho Code § 19-3509, in which case the action may be refiled for failure to complete the diversion

This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(l)(A)(i) must be made: (1) before a responsive pleading is served; or (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.

Rule 43 - Taking Testimony (a) In Open Court. At trial, the witnesses' testimony must be taken in open court unless a statute, these rules, the Idaho Rules of Evidence or other rules adopted by the Idaho Supreme Court provide otherwise.

An order of the court in response to the motion of a party to a lawsuit which allows setting a motion or other legal matter at a time shorter than provided by law or court rules.

At a hearing, trial or upon an interlocutory proceeding, all or part of a deposition may be used against a party on these conditions: (A) the party was present or represented at the taking of the deposition or had reasonable notice of it; (B) it is used to the extent it would be admissible under the Idaho Rules of

If you have filed a petition or complaint in a civil proceeding which you no longer wish to pursue, Rule 41(a)(1) of the Idaho Rules of Civil Procedure explains how you can voluntarily dismiss the case. Rule 41(a)(1). Dismissal of actions ? Voluntary Dismissal - By the Plaintiff - (A) Without a Court Order.

(f) Motion to Return Property. A person aggrieved by an unlawful search and seizure of property may move for the property's return. The motion must be filed in the criminal action if one is pending, but if no action is pending then a civil proceeding may be filed in the county where the property is seized or located.

A Rule 41(a)(1)(i) dismissal "strips a court of jurisdiction" in the sense that it "terminates the case all by itself. There is nothing left to adjudicate."xxiii Once the plaintiff has dismissed the action under the rule, the court loses all jurisdiction over the action.

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Idaho Order on Motion to Retain