Idaho Code §§ 6-301 to 6-324 § 6-311C
FORM OF EXECUTION.
Operative Text
The execution, should judgment of restitution be rendered, may be in the following form: STATE OF IDAHO ) ss. County of…. ) TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY: WHEREAS, a certain action for the possession of the following described premises, to-wit: . . lately tried before the above entitled court, wherein…. was plaintiff and…. was defendant, judgment was rendered on the…. day of…., A.D.,…., that the plaintiff…. have restitution of the premises, and also that he recover the costs and disbursements in the sum of $….; In the name of the State of Idaho, you are, therefore, hereby commanded to cause the defendant to be forthwith removed from the premises and the plaintiff is to have restitution of the same. In the event the goods and chattels are not promptly removed thereafter by the defendant, the plaintiff is authorized to remove the same pursuant to Section 6-316(2), Idaho Code. Upon returning premises to the plaintiff, the sheriff will make legal service and due return of this writ. WITNESS My hand and official seal (if issued out of a court of record) this…. day of…., A.D.,…..
Idaho Code Title 6, Chapter 3, § 6-311C sets out the official template wording for a writ of execution that a court may issue after entering a judgment of restitution in an unlawful detainer case. The writ directs a sheriff or constable to remove the defendant from the described premises and restore possession to the plaintiff, and it also authorizes the plaintiff to remove any personal property the defendant leaves behind, following the procedure in § 6-316(2). The form is a procedural instrument — it does not create new substantive rights but rather provides the mechanism by which a court's eviction judgment is carried out.
Plain English — not legal advice.
Under § 6-311C, once a court enters a judgment of restitution in an unlawful detainer proceeding, the writ of execution issued in this statutory form is the document that directs law enforcement to restore possession of the property. Compliant operators generally work with the court clerk to ensure the writ is properly issued and then coordinate with the sheriff's office to schedule the lockout. If a former tenant leaves personal belongings behind after the writ is executed, the statute points to § 6-316(2) as the governing procedure for handling those items.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 6-311C describes the form of the court order — called a writ of execution — that authorizes a sheriff or constable to carry out a judgment of restitution against a tenant. A writ issued under this section can only follow a court judgment, meaning a tenant has the opportunity to contest the eviction in court before any removal is ordered. Tenants who believe a writ has been improperly issued or executed may wish to consult a tenant-rights organization or legal aid provider familiar with Idaho unlawful detainer law for information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation