Section 9-1801 – SHORT TITLE.
9-1801. SHORT TITLE. This chapter may be cited as the "Uniform Child Witness Testimony by Alternative Methods Act." History: [9-1801, added 2003, ch. 152, sec. 2, p. 438.]
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 9-810 – PARTICIPATION IN MEDIATION.
9-810. PARTICIPATION IN MEDIATION. Unless otherwise provided by court rule or order, an attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. History: [9-810, added 2008, ch. 35, sec. 1, p. 71.]
Section 9-811 – INTERNATIONAL COMMERCIAL MEDIATION.
9-811. INTERNATIONAL COMMERCIAL MEDIATION. (1) In this section, "model law" means the model law on international commercial conciliation adopted by the United Nations commission on international trade law on June 28, 2002, and recommended by the United Nations general assembly in a resolution (A/RES/57/18) dated November 19, 2002, and "international commercial mediation" means an international […]