Section 9-1802 – DEFINITIONS.
9-1802. DEFINITIONS. In this chapter: (1) "Alternative method" means a method by which a child witness testifies which does not include all of the following: (a) Having the child present in person in an open forum; (b) Having the child testify in the presence and full view of the finder of fact and presiding officer; […]
Section 9-1803 – APPLICABILITY.
9-1803. APPLICABILITY. This chapter applies to the testimony of child witnesses in all criminal or noncriminal proceedings. However, this chapter does not preclude, in a noncriminal proceeding, any other procedure permitted by law for a child witness to testify, or in a juvenile courtroom proceeding involving conduct that if engaged in by an adult would […]
Section 9-1804 – HEARING WHETHER TO ALLOW TESTIMONY BY ALTERNATIVE METHOD.
9-1804. HEARING WHETHER TO ALLOW TESTIMONY BY ALTERNATIVE METHOD. (1) The presiding officer of a criminal or noncriminal proceeding may order a hearing to determine whether to allow presentation of the testimony of a child witness by an alternative method. The presiding officer, for good cause shown, shall order the hearing upon motion of a […]
Section 9-1805 – STANDARDS FOR DETERMINING WHETHER CHILD WITNESS’ TESTIMONY MAY BE PRESENTED BY ALTERNATIVE METHOD.
9-1805. STANDARDS FOR DETERMINING WHETHER CHILD WITNESS’ TESTIMONY MAY BE PRESENTED BY ALTERNATIVE METHOD. (1) In a criminal proceeding, the presiding officer may order the presentation of the testimony of a child witness by an alternative method only in the following situations: (a) A child witness’ testimony may be taken otherwise than in an open […]
Section 9-1806 – FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD.
9-1806. FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD. If the presiding officer determines that a standard under section 9-1805, Idaho Code, has been met, the presiding officer shall determine whether to allow the presentation of the testimony of a child witness by an alternative method and in doing so shall consider: (1) Alternative methods […]
Section 9-1405 – AFFIRMATION IN PLACE OF OATH.
9-1405. AFFIRMATION IN PLACE OF OATH. Any person who desires it, may, at his option, instead of taking an oath, make his solemn affirmation or declaration, by assenting when addressed, in the following form: "You do solemnly affirm (or declare), that," etc., as above provided. History: [(9-1405) C.C.P. 1881, sec. 996; R.S., R.C., & C.L., […]
Section 9-1807 – ORDER REGARDING TESTIMONY BY ALTERNATIVE METHOD.
9-1807. ORDER REGARDING TESTIMONY BY ALTERNATIVE METHOD. (1) An order allowing or disallowing the presentation of the testimony of a child witness by an alternative method must state the findings of fact and conclusions of law that support the presiding officer’s determination. (2) An order allowing the presentation of the testimony of a child witness […]
Section 9-1406 – CERTIFICATION OR DECLARATION UNDER PENALTY OF PERJURY.
9-1406. CERTIFICATION OR DECLARATION UNDER PENALTY OF PERJURY. (1) Whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to a law of this state, any matter is required or permitted to be supported, evidenced, established or proved by the sworn statement, declaration, verification, certificate, oath, affirmation or […]
Section 9-1808 – RIGHT OF PARTIES TO EXAMINE CHILD WITNESS.
9-1808. RIGHT OF PARTIES TO EXAMINE CHILD WITNESS. An alternative method ordered by the presiding officer must permit a full and fair opportunity for examination and cross-examination of the child witness. History: [9-1808, added 2003, ch. 152, sec. 2, p. 440.]
Section 9-1501 – WRITTEN OFFER EQUIVALENT TO TENDER.
9-1501. WRITTEN OFFER EQUIVALENT TO TENDER. An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument or property. History: [(9-1501) C.C.P. 1881, sec. 983; R.S., R.C., & C.L., sec. […]