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Idaho Rules of Civil Procedure Rule 74(b). Application for Writ.

When any complaint or petition for a peremptory writ of mandate or prohibition prays that an alternative writ first be issued, the court in its discretion may issue such alternative writ based upon a verified complaint or affidavit showing grounds therefor. Such alternative writ shall command the party to do or refrain from doing the act sought to be required by a writ of mandamus or sought to be prohibited by writ of prohibition, or to show cause before the court at a specified time and place why the party has not elected to comply with the alternative writ. Copies of the summons, petition, any affidavits, and the alternative writ must be served upon the defendant at least 10 days prior to the date of the hearing. No contested trial of a petition or a complaint for writ of prohibition or mandamus shall be had on the merits at a show cause hearing pursuant to an alternative writ, and no peremptory writ shall issue as a result of such contested hearing. If the party on whom the alternative writ was served appears at the time specified to show cause, the court shall at such hearing determine and set a time for the trial of the action on its merits for a determination of whether a peremptory writ shall issue in the action, and the court may hear limited testimony, in its discretion, as to whether the alternative writ should remain in force and effect so as to require the party to perform an act or to refrain from performing an act pending final hearing on the merits. 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton

Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Sergio A. Gutierrez
Judge David W. Gratton
Judge Molly J. Huskey



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