Idaho execution: no automatic stay, but a writ for more than the face amount needs a sworn computation

Idaho's stay rule says so in its own heading: No automatic stay on entry of judgment. A writ can issue the day the judgment is entered.

What Idaho gives instead is a check on the amount. A writ may not issue for anything other than the face amount of the judgment plus court-approved costs and fees — unless the creditor files an affidavit verifying the computation.

If a writ shows more than the judgment says, there should be a sworn calculation behind it.

Execution may issue immediately

I.R.C.P. 62(a):

No automatic stay on entry of judgment. Execution or other proceedings to enforce a judgment may issue immediately on the entry of judgment, unless the court in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or writ of mandate, or in a receivership action, is not stayed during the period after its entry and until the appeal is filed or during the pendency of an appeal. The provisions of subdivision (c) govern the suspending, modifying, restoring, or granting of an injunction or writ of mandate during the pendency of an appeal.

Idaho is one of two states in this survey with no waiting period at all; New Mexico is the other. See New Mexico execution, which reaches the same result by different wording.

Idaho adds the writ of mandate to the usual injunction and receivership carve-outs.

The amount on the writ

I.R.C.P. 69(a):

In general. An appealable final judgment, or a partial judgment if certified as final under Rule 54(b), for the payment of money, or a court order for the payment of money, is enforced by a writ of execution unless the court directs otherwise. A writ of execution must not be issued for an amount other than the face amount of the judgment, and costs and attorney fees approved by the court, without an affidavit of the party or the party's attorney verifying the computation of the amount due under the judgment. The clerk may rely upon an affidavit in issuing a writ of execution.

This is a practical handle. Post-judgment interest, accrued fees and credited payments all change the figure, and Idaho requires the arithmetic to be put in writing under oath before a writ can issue for the larger sum.

Two limits to keep in view. The clerk may rely on the affidavit, so nobody checks the numbers before the writ goes out — the affidavit is a record you can test afterwards, not a filter beforehand. And the writ must rest on an appealable final judgment, or a partial judgment certified as final under Rule 54(b).

Service fees are added to what you owe

The rest of 69(a):

After service of the writ of execution, the sheriff must make a return to the clerk of the court and indicate the amount of the service fees and whether they were collected by the sheriff. Any balance of the service fees of the writ of execution not collected by the sheriff must be added to the judgment by the clerk as provided in Rule 54(d).

Uncollected service fees do not disappear. The clerk adds them to the judgment, so an unsuccessful levy still increases the balance.

That is worth knowing where a creditor issues repeated writs: each attempt can leave a residue on the judgment.

The rest of the machinery

Rule 69(b) sends procedure to "the statutes of the state of Idaho and as provided in these rules" — so exemptions and levy mechanics are statutory.

Rule 69(c) gives the creditor, or a successor in interest whose interest appears of record, both discovery and examination: they "may obtain discovery from any person, including the judgment debtor, as provided in these rules and may examine any person, including the judgment debtor, in the manner provided by these rules."

The ordinary compel practice applies to a refusal, and Idaho's version carries a catch-all that reaches beyond the discovery rules. See the Idaho motion to compel.

Getting a stay, since none comes free

Rule 62(b) allows a stay "On appropriate terms for the opposing party's security" pending disposition of a Rule 50, Rule 52(b), Rule 59 or Rule 60 motion.

Because nothing is automatic, the stay request belongs in the motion. A pending Rule 59 or Rule 60 motion does not, by itself, stop a writ.

Idaho's Rule 60(b) window is six months, and its default rule requires the plaintiff to have certified your best-known address. See setting aside an Idaho default judgment.

Rule 62(d) hands appellate stays to the Idaho Appellate Rules: on an appeal from the district court to the Supreme Court, proceedings on the judgment are "stayed as provided by the Idaho Appellate Rules." Rule 62 supplies no bond terms of its own.

Rule 62(e) forbids requiring security of the State, its officers, agencies or subdivisions — the court "must not require" it.

Rule 62(f) is short and useful:

Waiver of security. In all cases, the parties may waive the filing of security by written stipulation.

In all cases, and by written stipulation alone. Where a creditor is content to await an appeal, a stipulation removes the bond without a motion.

Rule 62(h) covers a Rule 54(b) judgment on fewer than all claims.

Where this connects

For the case itself, see the Idaho motion to dismiss — eight grounds, including a case already pending elsewhere.

How Idaho compares

A short checklist

1. Assume a writ can issue the day judgment is entered. There is no waiting period.
2. Compare the writ against the face amount of the judgment plus court-approved costs and fees.
3. If it is higher, ask for the affidavit. The rule requires a verified computation, and the clerk did not check it.
4. Expect uncollected service fees to be added to what you owe.
5. Put any stay request inside your Rule 59 or Rule 60 motion — the motion alone stops nothing.
6. For an appellate stay, work from the Idaho Appellate Rules.
7. Ask about a stipulation waiving security. Rule 62(f) permits it in all cases.

Where these rules live

• I.R.C.P. 62 — Stay of proceedings to enforce a judgment
• I.R.C.P. 69 — Execution
• I.R.C.P. 60 — Relief from a judgment or order

This page explains what the rules say. It isn't legal advice, and what property is exempt from execution is governed by statutes this site doesn't cover.