# Idaho Code § 5-319: 5-319 DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-319

## Section

- **Citation:** Idaho Code § 5-319
- **Heading:** 5-319 DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 5 / Chapter 3 / Section 5-319

## Text

5-319. Death or transfer of interest — Procedure — Actions by or against public officers. An action or proceeding does not abate by the death or any disability of a party, or by the transfer of any interest therein, if the cause of action or proceeding survive or continue. In case of the death or any disability of a party, the court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest the action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding. An action or proceeding brought by or against any public officer in his official capacity and which action or proceeding is pending at the time of his death, resignation, retirement or removal from office does not abate. The court on its own motion or on motion for substitution may substitute the successor in office and allow the action or proceeding to be continued against such successor.

History:

[(5-319) C.C.P. 1881, sec. 200; R.S., R.C., & C.L., sec. 4108; C.S., sec. 6652; am. 1931, ch. 96, sec. 1, p. 169; I.C.A., sec. 5-319.]

## Nearby sections

- [Idaho Code § 5-302 5-302 ASSIGNMENT OF THING IN ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-302.md)
- [Idaho Code § 5-304 5-304 MARRIED WOMEN AS PARTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-304.md)
- [Idaho Code § 5-305 5-305 HUSBAND AND WIFE SUED TOGETHER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-305.md)
- [Idaho Code § 5-306 5-306 INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-306.md)
- [Idaho Code § 5-308 5-308 ACTION FOR SEDUCTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-308.md)
- [Idaho Code § 5-309 5-309 ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-309.md)
- [Idaho Code § 5-310 5-310 ACTION FOR INJURY TO UNMARRIED CHILD.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-310.md)
- [Idaho Code § 5-311 5-311 SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES — DAMAGES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-311.md)
- [Idaho Code § 5-319 5-319 DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-319.md)
- [Idaho Code § 5-321 5-321 INTERPLEADER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-321.md)
- [Idaho Code § 5-326 5-326 UNKNOWN OWNERS OR HEIRS — EFFECT OF JUDGMENTS AND DECREES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-326.md)
- [Idaho Code § 5-327 5-327 PERSONAL INJURIES — PROPERTY DAMAGE — DEATH OF WRONGDOER — DEATH OF INJURED PARTY — SURVIVAL OF ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-327.md)
- [Idaho Code § 5-328 5-328 STATE A PARTY DEFENDANT IN SUIT AFFECTING TITLE TO REAL OR PERSONAL PROPERTY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-328.md)
- [Idaho Code § 5-329 5-329 SERVICE OF PROCESS UPON ATTORNEY GENERAL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-329.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-319. Check the current official text before relying on it. Not legal advice.