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Idaho Misdemeanor Criminal Rule 2. Definitions.

As used in these rules, unless the context clearly requires otherwise: 

 

(a) "Citable offense" shall mean any misdemeanor triable by a magistrate under the law, and rules of the Idaho Supreme Court. 

 

(b) "Uniform citation" or "citation" means the Idaho Uniform Citation in the form prescribed by these rules used to bring a citable offense before a court. The uniform citation shall be and constitute a summons and complaint against the person charged. 

 

(c) "Bail" means money or its equivalent, a property bail bond executed by sureties as provided by law, or a surety bond issued by a surety or fidelity company authorized to issue bail bonds under the law of the state of Idaho, deposited with the court, court clerk, or other public officer by a defendant to secure the defendant's appearance on a uniform citation or a sworn misdemeanor complaint. 

 

(d) "Clerk" or "clerk of the court" means a deputy district court clerk or any person appointed under Rule 12. 

 

(e) "Court" means any tribunal with jurisdiction to hear and determine uniform citations or sworn misdemeanor complaints and the magistrate or judge thereof.

 

(f) "Magistrate" or "judge" includes any officer authorized by law to sit as a court with jurisdiction to hear and determine citable offenses as defined by these rules. 

 

(g) "Police officer" or "peace officer" includes a member of the Idaho State Police, a sheriff or deputy sheriff, a city policeman or marshal, a constable or any other officer duly authorized to enforce municipal, county, or state laws.

 

(Adopted December 27, 1979, effective July 1, 1980; amended April 18, 1983, effective July 1, 1983.)

 

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

 

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Idaho Supreme Court



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Idaho Court of Appeals

 

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