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.]
Section 9-1404 – PECULIAR FORMS OF OATH — RELIGIONS OTHER THAN CHRISTIAN.
9-1404. PECULIAR FORMS OF OATH — RELIGIONS OTHER THAN CHRISTIAN. When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there be any such. History: [(9-1404) C.C.P. 1881, sec. 995; R.S., R.C., & C.L., sec. 6130; C.S., sec. […]
Section 9-601 – EXPLANATION OF ALTERATIONS.
9-601. EXPLANATION OF ALTERATIONS. The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the appearance or alteration. He may show that the alteration was made by another without his concurrence, or was […]
Section 9-706 – SUBPOENAS UNNECESSARY WHEN PERSON IS PRESENT.
9-706. SUBPOENAS UNNECESSARY WHEN PERSON IS PRESENT. A person present in court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by such court or officer. History: [(9-706) C.C.P. 1881, sec. 946; R.S., R.C., & C.L., sec. 6040; C.S., sec. […]