HTML Raw Codes HOUSE BILL NO.461 (2020) - Tenant property, removal
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature
Second Regular Session - 2020
Moved by
Lee
Seconded by Nye
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 461
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AMENDMENT TO THE BILL
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On page 2 of the printed bill, following line 28, insert:
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"SECTION 2. That Section 6-311C, Idaho Code, be, and the same is hereby
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amended to read as follows:
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6-311C. FORM OF EXECUTION. The execution, should judgment of restitu-
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tion be rendered, may be in the following form:
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STATE OF IDAHO
)
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ss.
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Previous DocumentCountyNext Hit of ....
)
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TO THE Previous Hit SHERIFFNext Hit OR ANY CONSTABLE OF THE Previous Hit COUNTYNext Hit:
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WHEREAS, a certain action for the possession of the following described
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premises, to-wit:
......................................................................
......................................................................
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lately tried before the above entitled court, wherein .... was plaintiff and
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.... was defendant, judgment was rendered on the .... day of ...., A.D.,
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...., that the plaintiff .... have restitution of the premises, and also
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that he recover the costs and disbursements in the sum of $ ....;
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In the name of the State of Idaho, you are, therefore, hereby commanded
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to cause the defendant and his goods and chattels to be forthwith removed
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from the premises and the plaintiff is to have restitution of the same. In
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the event the goods and chattels are not promptly removed thereafter by the
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defendant you are, the plaintiff is authorized and empowered to cause remove
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the same to be removed to a safe place for storage. You are also commanded to
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levy on the goods and chattels of the defendant, and pay the costs and dis-
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bursements, aforesaid, and all accruing costs, and to pursuant to Section
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6-316(2), Idaho Code. Upon returning premises to the plaintiff, the Previous Hit sheriffNext Hit
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will make legal service and due return of this writ.
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WITNESS My hand and official seal (if issued out of a court of record)
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this .... day of ...., A.D., .....
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...........................
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Clerk of the District Court".
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AMENDMENT TO SECTION 2
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On page 2, in line 29, delete "2" and insert: "3".
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On page 3, in line 25, following "belongings." insert: "The landlord
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or his agents may deliver a writ of restitution or provide the Previous Hit sheriffNext Hit with
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a copy of the writ of restitution and request that the Previous Hit sheriffNext Hit deliver the
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writ. If requested by the landlord or his agents, the Previous Hit sheriffNext Hit shall deliver
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a writ of restitution in a form as provided in section 6-311C, Idaho Code.";
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in line 26, delete "subsection," and insert: "subsection and three (3) days
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after the finding of the court, the Previous Hit sheriffNext Document shall restore possession of the
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premises to the plaintiff by causing immediate removal of the tenant, and";
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in line 31, delete "Removal of such property by the land-"; delete line 32;
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and in line 33, delete "be there only to keep the peace.".
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CORRECTION TO TITLE
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On page 1, in line 4, following "CORRECTION;" insert: "AMENDING SECTION
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6-311C, IDAHO CODE, TO REVISE A FORM OF EXECUTION;".