Idaho Code §§ 6-301 to 6-324 § 6-311D
ADDITIONAL UNDERTAKING ON APPEAL.
Operative Text
If judgment is rendered against the defendant for the restitution of the real property described in the complaint, or any part thereof, no appeal shall be taken by the defendant from the judgment until he gives, in addition to the undertaking now required by law upon appeal, an undertaking to the adverse party, with two (2) sureties, who shall justify in like manner as bail upon arrest, for the payment to the plaintiff, if the judgment is affirmed on appeal, of the rental value of the real property of which restitution is adjudged from the commencement of the action in which the judgment was rendered until final judgment in the action.
Idaho Code Title 6, Chapter 3, § 6-311D establishes an additional financial requirement for defendants who lose an eviction judgment and wish to appeal. Before an appeal can proceed, the losing defendant must provide a separate undertaking—backed by two qualified sureties—guaranteeing payment of the rental value of the property for the entire period from when the original lawsuit was filed through the conclusion of the appeal. This requirement is layered on top of any other bond or undertaking already required by law for appeals generally.
Plain English — not legal advice.
Under § 6-311D, a landlord who obtains a judgment for restitution of property gains a meaningful financial protection if the tenant chooses to appeal. Compliant operators in this situation typically ensure that the defendant's additional undertaking is properly filed and that the sureties have justified their qualifications before the appeal moves forward. Keeping detailed records of the property's rental value throughout the litigation period helps establish the amount that the undertaking must cover.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 6-311D means that a tenant who has received an adverse judgment for restitution and wants to appeal must provide an extra bond—beyond the standard appeal bond—secured by two qualified sureties, covering the rental value of the property from the start of the case through final judgment. Tenants in this situation may want to consult a tenant-rights organization or legal aid provider to understand what the undertaking process involves and what options may be available. Raising questions about the sufficiency or validity of the undertaking requirement is a recognized part of the appellate process under this provision.
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.
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