Section 9-813 – UNIFORMITY OF APPLICATION AND CONSTRUCTION.
9-813. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: [9-813, added 2008, ch. 35, sec. 1, p. 71.]
Section 9-814 – APPLICATION TO EXISTING AGREEMENTS OR REFERRALS.
9-814. APPLICATION TO EXISTING AGREEMENTS OR REFERRALS. This chapter governs a mediation occurring after the effective date of this chapter pursuant to a referral or an agreement to mediate, whenever made. History: [9-814, added 2008, ch. 35, sec. 1, p. 71.]
Section 9-1301 – ATTENDANCE OF WITNESSES.
9-1301. ATTENDANCE OF WITNESSES. A witness, served with a subpoena, must attend at the time appointed, with any papers under his control, required by the subpoena, and answer all pertinent and legal questions, and, unless sooner discharged, must remain until the testimony is closed. History: [(9-1301) C.C.P. 1881, sec. 977; R.S., R.C., & C.L., sec. […]
Section 9-1302 – PRIVILEGE OF WITNESSES — QUESTIONS REQUIRED TO BE ANSWERED.
9-1302. PRIVILEGE OF WITNESSES — QUESTIONS REQUIRED TO BE ANSWERED. A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself; but he need not give an answer which will have a tendency to subject him to punishment for a felony; nor need he […]
Section 9-1303 – PRIVILEGE FROM ARREST.
9-1303. PRIVILEGE FROM ARREST. Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other person in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going […]
Section 9-1304 – ARREST IN VIOLATION OF PRECEDING SECTION — CONTEMPT — CIVIL LIABILITY.
9-1304. ARREST IN VIOLATION OF PRECEDING SECTION — CONTEMPT — CIVIL LIABILITY. The arrest of a witness contrary to the preceding section is void, and, when wilfully made, is a contempt of the court; and the person making it is responsible to the witness arrested for double the amount of the damages which may be […]
Section 9-1305 – LIABILITY OF OFFICER MAKING ARREST.
9-1305. LIABILITY OF OFFICER MAKING ARREST. An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption, and make an affidavit stating: 1. That he has been served with a […]
Section 9-1306 – DISCHARGE FROM ARREST — WHO MAY GRANT.
9-1306. DISCHARGE FROM ARREST — WHO MAY GRANT. The court or officer issuing the subpoena, and the court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of the provisions of this chapter. If the court has adjourned before the arrest, or before application for the […]
Section 9-805 – WAIVER AND PRECLUSION OF PRIVILEGE.
9-805. WAIVER AND PRECLUSION OF PRIVILEGE. (1) A privilege under section 9-804, Idaho Code, may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (a) In the case of the privilege of a mediator, it is expressly waived by the mediator; and […]
Section 9-1401 – WHO MAY ADMINISTER OATHS.
9-1401. WHO MAY ADMINISTER OATHS. Every court, every judge or clerk of any court, every justice and every notary public, the secretary of state, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has power to administer oaths or affirmations. History: [(9-1401) C.C.P. 1881, sec. […]