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. […]
Section 9-806 – EXCEPTIONS TO PRIVILEGE.
9-806. EXCEPTIONS TO PRIVILEGE. (1) There is no privilege under section 9-804, Idaho Code, for a mediation communication that is: (a) In an agreement evidenced by a record signed by all parties to the agreement; (b) Available to the public under chapter 1, title 74, Idaho Code, or made during a session of a mediation […]
Section 9-1402 – FORM OF OATH.
9-1402. FORM OF OATH. An oath or affirmation in an action or proceeding, may be administered as follows, the person who swears or affirms, expressing his assent when addressed, in the following form: You do solemnly swear (or affirm, as the case may be), that the evidence you shall give in the issue (or matter), […]
Section 9-807 – PROHIBITED MEDIATOR REPORTS.
9-807. PROHIBITED MEDIATOR REPORTS. (1) Except as otherwise provided in subsection (2) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding or other communication regarding a mediation to a court, administrative agency or other authority that may make a ruling on the dispute that is the subject of the mediation. […]
Section 9-1403 – PECULIAR FORMS OF OATHS.
9-1403. PECULIAR FORMS OF OATHS. Whenever the court before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing, connected with, or in addition to, the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may, in its discretion, adopt that […]
Section 9-808 – CONFIDENTIALITY.
9-808. CONFIDENTIALITY. Unless subject to chapter 1 or 2, title 74, Idaho Code, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state. History: [9-808, added 2008, ch. 35, sec. 1, p. 70; am. 2015, ch. 141, sec. 10, p. 382.]