reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 4 - PRIVATE WRITINGS › Section 9-412 - EXEMPLAR.

9-412. EXEMPLAR. Whenever the genuineness of a writing is at issue, any writing admitted or proved to be genuine is competent evidence as an exemplar for the purpose of comparison with the disputed writing: provided, that such writing so admitted or proved to be genuine shall in no way refer or relate to any matter then in issue.
History:
[(9-412) R.C., sec. 6000, as added by 1915, ch. 154, sec. 1, p. 335; reen. C.L., sec. 6000; C.S., sec. 7971; I.C.A., sec. 16-412.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 4 - PRIVATE WRITINGS › Section 9-413 - BUSINESS RECORDS AS EVIDENCE ACT — TERM DEFINED.

9-413. BUSINESS RECORDS AS EVIDENCE ACT — TERM DEFINED. The term "business" shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.
History:
[9-413, added 1939, ch. 106, sec. 1, p. 175.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 4 - PRIVATE WRITINGS › Section 9-414 - BUSINESS RECORDS — WHEN COMPETENT EVIDENCE.

9-414. BUSINESS RECORDS — WHEN COMPETENT EVIDENCE. A record of an act, condition or event, shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to the identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
History:
[9-414, added 1939, ch. 106, sec. 2, p. 175.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 4 - PRIVATE WRITINGS › Section 9-415 - BUSINESS RECORDS — UNIFORMITY OF INTERPRETATION OF ACT.

9-415. BUSINESS RECORDS — UNIFORMITY OF INTERPRETATION OF ACT. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
[9-415, added 1939, ch. 106, sec. 3, p. 175.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 4 - PRIVATE WRITINGS › Section 9-416 - BUSINESS RECORDS — SHORT TITLE OF ACT.

9-416. BUSINESS RECORDS — SHORT TITLE OF ACT. This act may be cited as the Uniform Business Records as Evidence Act.
History:
[9-416, added 1939, ch. 106, sec. 4, p. 175.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 4 - PRIVATE WRITINGS › Section 9-417 - ADMISSIBILITY OF REPRODUCED RECORDS IN EVIDENCE.

9-417. ADMISSIBILITY OF REPRODUCED RECORDS IN EVIDENCE. If any business, institution, or member of a profession or calling, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, optical imaging, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity and the principal or true owner has not authorized destruction or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.
History:
[9-417, added 1951, ch. 173, sec. 1, p. 368; am. 1995, ch. 39, sec. 1, p. 59.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 4 - PRIVATE WRITINGS › Section 9-418 - INTERPRETATION.

9-418. INTERPRETATION. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
[9-418, added 1951, ch. 173, sec. 2, p. 368.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 4 - PRIVATE WRITINGS › Section 9-421 - TAKEN OR CONVERTED MERCHANDISE — EVIDENCE.

9-421. TAKEN OR CONVERTED MERCHANDISE — EVIDENCE. In any civil action for a violation of the shoplifting laws of Idaho, photographs of the goods or merchandise alleged to have been taken or converted shall be deemed competent evidence of such goods or merchandise and shall be admissible in any proceeding, hearing or trial to the same extent as if such goods and merchandise had been introduced as evidence. Such photographs shall bear a written description of the goods or merchandise alleged to have been taken or converted, the name of the owner of such goods or merchandise, or the store or establishment wherein the alleged violation occurred, the name of the accused, the name of a peace officer, the date of the photograph and the name of the photographer. Such writing shall be made under oath by a peace officer, and the photographs identified by the signature of the photographer. Upon the filing of such photograph and writing with the authority or court holding such goods and merchandise as evidence, such goods or merchandise shall be returned to their owner, or the proprietor or manager of the store or establishment wherein the alleged violation occurred.
History:
[9-421, added 1980, ch. 244, sec. 1, p. 564.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 5 - INDISPENSABLE EVIDENCE — STATUTE OF FRAUDS › Section 9-501 - PERJURY AND TREASON.

9-501. PERJURY AND TREASON. Perjury and treason must be proved by testimony of more than one (1) witness. Treason by the testimony of two witnesses to the same overt act; and perjury by the testimony of two (2) witnesses, or one (1) witness and corroborating circumstances.
History:
[(9-501) C.C.P. 1881, sec. 933; R.S., R.C., & C.L., sec. 6005; C.S., sec. 7972; I.C.A., sec. 16-501.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 5 - INDISPENSABLE EVIDENCE — STATUTE OF FRAUDS › Section 9-502 - WILLS TO BE IN WRITING.

9-502. WILLS TO BE IN WRITING. A last will and testament, except a nuncupative will, is invalid unless it be in writing and executed with such formalities as are required by law. When, therefore, such a will is to be shown, the instrument itself must be produced, or secondary evidence of its contents be given.
History:
[(9-502) C.C.P. 1881, sec. 934; R.S., R.C., & C.L., sec. 6006; C.S., sec. 7973; I.C.A., sec. 16-502.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 5 - INDISPENSABLE EVIDENCE — STATUTE OF FRAUDS › Section 9-503 - TRANSFERS OF REAL PROPERTY TO BE IN WRITING.

9-503. TRANSFERS OF REAL PROPERTY TO BE IN WRITING. No estate or interest in real property, other than for leases for a term not exceeding one (1) year, nor any trust or power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
History:
[(9-503) C.C.P. 1881, sec. 935; R.S., R.C., & C.L., sec. 6007; C.S., sec. 7974; I.C.A., sec. 16-503.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 5 - INDISPENSABLE EVIDENCE — STATUTE OF FRAUDS › Section 9-504 - EXCEPTIONS TO PRECEDING SECTION.

9-504. EXCEPTIONS TO PRECEDING SECTION. The preceding section must not be construed to affect the power of a testator in the disposition of his real property by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law, nor to abridge the power of any court to compel the specific performance of an agreement, in case of part performance thereof.
History:
[(9-504) C.C.P. 1881, sec. 936; R.S., R.C., & C.L., sec. 6008; C.S., sec. 7975; I.C.A., sec. 16-504.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 5 - INDISPENSABLE EVIDENCE — STATUTE OF FRAUDS › Section 9-505 - CERTAIN AGREEMENTS TO BE IN WRITING.

9-505. CERTAIN AGREEMENTS TO BE IN WRITING. In the following cases the agreement is invalid, unless the same or some note or memorandum thereof, be in writing and subscribed by the party charged, or by his agent. Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents:
1. An agreement that by its terms is not to be performed within a year from the making thereof.
2. A special promise to answer for the debt, default or miscarriage of another, except in the cases provided for in section 9-506, Idaho Code.
3. An agreement made upon consideration of marriage, other than a mutual promise to marry.
4. An agreement for the leasing, for a longer period than one (1) year, or for the sale, of real property, or of an interest therein, and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent be in writing, subscribed by the party sought to be charged.
5. A promise or commitment to lend money or to grant or extend credit in an original principal amount of fifty thousand dollars ($50,000) or more, made by a person or entity engaged in the business of lending money or extending credit.
History:
[(9-505) C.C.P. 1881, sec. 937; R.S., R.C., & C.L., sec. 6009; am. 1919, ch. 149, sec. 79a, p. 472; C.S. sec. 7976; I.C.A., sec. 9-505; am. 1993, ch. 397, sec. 1, p. 1460; am. 1996, ch. 177, sec. 1, p. 566.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 5 - INDISPENSABLE EVIDENCE — STATUTE OF FRAUDS › Section 9-506 - ORIGINAL OBLIGATIONS — WRITING NOT NEEDED.

9-506. ORIGINAL OBLIGATIONS — WRITING NOT NEEDED. A promise to answer for the obligation of another, in any of the following cases, is deemed an original obligation of the promisor, and need not be in writing:
1. Where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise; or by one who has received a discharge from an obligation in whole or in part, in consideration of such promise.
2. Where the creditor parts with value, or enters into an obligation, in consideration of the obligations in respect to which the promise is made, in terms or under circumstances such as to render the party making the promise the principal debtor, and the person in whose behalf it is made, his surety.
3. Where the promise, being for an antecedent obligation of another, is made upon the consideration that the party receiving it cancels the antecedent obligation, accepting the new promise as a substitute therefor; or upon the consideration that the party receiving it releases the property of another from a levy, or his person from imprisonment under an execution on a judgment obtained upon the antecedent obligation; or upon a consideration beneficial to the promisor, whether moving from either party to the antecedent obligation, or from another person.
4. Where a factor undertakes, for a commission, to sell merchandise and guarantee the sale.
5. Where the holder of an instrument for the payment of money, upon which a third person is, or may become, liable to him, transfers it in payment of a precedent debt of his own, or for a new consideration and in connection with such transfer, enters into a promise respecting such instrument.
History:
[(9-506) C.C.P. 1881, sec. 938; R.S., R.C., & C.L., sec. 6010; C.S., sec. 7977; I.C.A., sec. 16-506.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 5 - INDISPENSABLE EVIDENCE — STATUTE OF FRAUDS › Section 9-507 - REPRESENTATIONS OF CREDIT TO BE IN WRITING.

9-507. REPRESENTATIONS OF CREDIT TO BE IN WRITING. No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum thereof, be in writing, and either subscribed by, or in the handwriting of, the party to be charged.
History:
[(9-507) C.C.P. 1881, sec. 939; R.S., R.C., & C.L., sec. 6011; C.S., sec. 7978; I.C.A., sec. 16-507.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 5 - INDISPENSABLE EVIDENCE — STATUTE OF FRAUDS › Section 9-508 - REAL ESTATE COMMISSION CONTRACTS TO BE IN WRITING.

9-508. REAL ESTATE COMMISSION CONTRACTS TO BE IN WRITING. No contract for the payment of any sum of money or thing of value, as and for a commission or reward for the finding or procuring by one person of a purchaser of real estate of another shall be valid unless the same shall be in writing, signed by the owner of such real estate, or his legal, appointed and duly qualified representative.
History:
[(9-508) 1915, ch. 131, sec. 1, p. 287; compiled and reen. C.L., sec. 6012; C.S., sec. 7979; I.C.A., sec. 16-508.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 6 - PRODUCTION OF ALTERED WRITINGS › 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 made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he do [does] that he may give the writing in evidence, but not otherwise.
History:
[(9-601) C.C.P. 1881, sec. 940; R.S., R.C., & C.L., sec. 6030; C.S., sec. 7980; I.C.A., sec. 16-601.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 7 - MEANS OF PRODUCTION OF EVIDENCE › 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. 7986; I.C.A., sec. 16-706.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 7 - MEANS OF PRODUCTION OF EVIDENCE › Section 9-708 - DISOBEDIENCE OF SUBPOENA — PENALTY TO AGGRIEVED PARTY.

9-708. DISOBEDIENCE OF SUBPOENA — PENALTY TO AGGRIEVED PARTY. A witness disobeying a subpoena also forfeits to the party aggrieved the sum of $100, and all damages which he may sustain by the failure of a witness to attend, which forfeiture and damages may be recovered in a civil action.
History:
[(9-708) C.C.P. 1881, sec. 948; R.S., R.C., & C.L., sec. 6042; C.S., sec. 7988; I.C.A., sec. 16-708.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 7 - MEANS OF PRODUCTION OF EVIDENCE › Section 9-709 - ATTACHMENT OF WITNESS.

9-709. ATTACHMENT OF WITNESS. In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof, and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring him before the court or officer where his attendance was required.
History:
[(9-709) C.C.P. 1881, sec. 949; R.S., R.C., & C.L., sec. 6043; C.S., sec. 7989; I.C.A., sec. 16-709.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 7 - MEANS OF PRODUCTION OF EVIDENCE › Section 9-710 - WARRANT OF COMMITMENT — CONTENTS, DIRECTION AND EXECUTION.

9-710. WARRANT OF COMMITMENT — CONTENTS, DIRECTION AND EXECUTION. Every warrant of commitment, issued by a court or officer pursuant to this chapter, must specify therein particularly, the cause of the commitment, and if it be for refusing to answer a question, such question must be stated in the warrant. And every warrant to arrest or commit a witness pursuant to this chapter, must be directed to the sheriff of the county where the witness may be, and must be executed by him in the same manner as process issued by the district court.
History:
[(9-710) C.C.P. 1881, sec. 950; R.S., R.C., & C.L., sec. 6044; C.S., sec. 7990; I.C.A., sec. 16-710.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 7 - MEANS OF PRODUCTION OF EVIDENCE › Section 9-711 - PRISONERS CONFINED WITHIN STATE — EXAMINATION IN PRISON — PRODUCTION IN COURT.

9-711. PRISONERS CONFINED WITHIN STATE — EXAMINATION IN PRISON — PRODUCTION IN COURT. If the witness be a prisoner, confined in a jail or prison within this state, an order for his examination in the prison upon deposition, or for his temporary removal and production before a court or officer for the purpose of being orally examined, may be made by any justice of the supreme court or judge or magistrate of the district court.
History:
[(9-711) C.C.P. 1881, sec. 951; R.S., R.C., & C.L., sec. 6045; C.S., sec. 7991; I.C.A., sec. 16-711; am. 1969, ch. 126, sec. 2, p. 388.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 7 - MEANS OF PRODUCTION OF EVIDENCE › Section 9-712 - EXAMINATION OR PRODUCTION OF PRISONERS — MOTION, AFFIDAVIT, AND ORDER.

9-712. EXAMINATION OR PRODUCTION OF PRISONERS — MOTION, AFFIDAVIT, AND ORDER. Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness and its materiality.
History:
[(9-712) C.C.P. 1881, sec. 952; R.S., R.C., & C.L., sec. 6046; C.S., sec. 7992; I.C.A., sec. 16-712.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 7 - MEANS OF PRODUCTION OF EVIDENCE › Section 9-713 - PRISONERS — EXAMINATION IN PERSON OR BY DEPOSITION.

9-713. PRISONERS — EXAMINATION IN PERSON OR BY DEPOSITION. If the witness be imprisoned in the county where the action or proceeding is pending his production may be required. In all other cases his examination, when allowed, must be taken upon deposition.
History:
[(9-713) C.C.P. 1881, sec. 953; R.S., R.C., & C.L., sec. 6047; C.S., sec. 7993; I.C.A., sec. 16-713.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › Section 9-802 - DEFINITIONS.

9-802. DEFINITIONS. In this chapter:
(1) "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(2) "Mediation communication" means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing or reconvening a mediation or retaining a mediator.
(3) "Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(4) "Mediator" means an individual who conducts a mediation.
(5) "Nonparty participant" means a person, other than a party or mediator, that participates in a mediation.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(7) "Proceeding" means:
(a) A judicial, administrative, arbitral or other adjudicative process, including related prehearing and posthearing motions, conferences and discovery; or
(b) A legislative hearing or similar process.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Sign" means:
(a) To execute or adopt a tangible symbol with the present intent to authenticate a record;
(b) To attach or logically associate an electronic symbol, sound or process to or with a record with the present intent to authenticate a record; or
(c) To assent on a stenographic record with the present intent to authenticate a record.
History:
[9-802, added 2008, ch. 35, sec. 1, p. 67.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › Section 9-803 - SCOPE.

9-803. SCOPE. (1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which:
(a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency or arbitrator;
(b) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
(c) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.
(2) This chapter does not apply to a mediation:
(a) Relating to the establishment, negotiation, administration or termination of a collective bargaining relationship;
(b) Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;
(c) Conducted by a judge who might make a ruling on the case; or
(d) Conducted under the auspices of:
(i) A primary or secondary school if all the parties are students, or
(ii) A correctional institution for youth if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under sections 9-804 through 9-806, Idaho Code, do not apply to the mediation or part agreed upon. However, sections 9-804 through 9-806, Idaho Code, apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
History:
[9-803, added 2008, ch. 35, sec. 1, p. 68.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › Section 9-804 - PRIVILEGE AGAINST DISCLOSURE — ADMISSIBILITY — DISCOVERY.

9-804. PRIVILEGE AGAINST DISCLOSURE — ADMISSIBILITY — DISCOVERY. (1) Except as otherwise provided in section 9-806, Idaho Code, a mediation communication is privileged as provided in subsection (2) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 9-805, Idaho Code.
(2) In a proceeding, the following privileges apply:
(a) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
(b) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.
(c) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
History:
[9-804, added 2008, ch. 35, sec. 1, p. 68.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › 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
(b) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(2) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under section 9-804, Idaho Code, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(3) A person that intentionally uses a mediation to plan, attempt to commit or commit a crime or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 9-804, Idaho Code.
History:
[9-805, added 2008, ch. 35, sec. 1, p. 69.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › 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 which is open, or is required by law to be open, to the public;
(c) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(d) Intentionally used to plan a crime, attempt to commit or commit a crime or to conceal an ongoing crime or ongoing criminal activity;
(e) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;
(f) Except as otherwise provided in subsection (3) of this section, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant or representative of a party based on conduct occurring during a mediation; or
(g) Sought or offered to prove or disprove abuse, neglect, abandonment or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the public agency participates in the mediation.
(2) There is no privilege under section 9-804, Idaho Code, if a court, administrative agency or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:
(a) A court proceeding involving a felony or misdemeanor; or
(b) Except as otherwise provided in subsection (3) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(3) A mediator may not be compelled to provide evidence of a mediation communication referred to in subsection (1)(f) or (2)(b) of this section.
(4) If a mediation communication is not privileged under subsection (1) or (2) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (1) or (2) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
History:
[9-806, added 2008, ch. 35, sec. 1, p. 69; am. 2015, ch. 141, sec. 9, p. 381.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › 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.
(2) A mediator may disclose:
(a) Whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(b) A mediation communication as permitted under section 9-806, Idaho Code;
(c) A mediation communication evidencing abuse, neglect, abandonment or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment; or
(d) In mediation governed by Idaho rule of civil procedure 16(j), information permitted under Idaho rule of civil procedure 16(j).
(3) A communication made in violation of subsection (1) of this section may not be considered by a court, administrative agency or arbitrator.
History:
[9-807, added 2008, ch. 35, sec. 1, p. 70.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › 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.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › Section 9-809 - MEDIATOR’S DISCLOSURE OF CONFLICTS OF INTEREST — BACKGROUND.

9-809. MEDIATOR’S DISCLOSURE OF CONFLICTS OF INTEREST — BACKGROUND. (1) Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(a) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect or create the appearance of affecting the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(b) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.
(2) If a mediator learns any fact described in subsection (1)(a) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.
(3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute.
(4) A person that violates subsection (1) or (2) of this section is precluded by the violation from asserting a privilege under section 9-804, Idaho Code.
(5) Subsections (1), (2) and (3) of this section do not apply to an individual acting as a judge.
(6) This chapter does not require that a mediator have a special qualification by background or profession.
(7) A mediator must be impartial unless, after disclosure of the facts required in subsections (1) and (2) of this section to be disclosed, the parties agree otherwise.
History:
[9-809, added 2008, ch. 35, sec. 1, p. 70.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › 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.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › 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 commercial conciliation as defined in article 1 of the model law.
(2) Except as otherwise provided in subsections (3) and (4) of this section, if a mediation is an international commercial mediation, the mediation is governed by the model law.
(3) Unless the parties agree in accordance with section 9-803(3), Idaho Code, that all or part of an international commercial mediation is not privileged, sections 9-804, 9-805 and 9-806, Idaho Code, and any applicable definitions in section 9-802, Idaho Code, also apply to the mediation and nothing in article 10 of the model law derogates from sections 9-804, 9-805 and 9-806, Idaho Code.
(4) If the parties to an international commercial mediation agree under article 1, subsection 7., of the model law that the model law does not apply, this chapter applies.
History:
[9-811, added 2008, ch. 35, sec. 1, p. 71.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › Section 9-812 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

9-812. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits or supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but this chapter does not modify, limit or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.
History:
[9-812, added 2008, ch. 35, sec. 1, p. 71.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › 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.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 8 - UNIFORM MEDIATION ACT › 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.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 13 - RIGHTS AND DUTIES OF WITNESSES › 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. 6090; C.S., sec. 8043; I.C.A., sec. 16-1301.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 13 - RIGHTS AND DUTIES OF WITNESSES › 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 give an answer which will have a direct tendency to degrade his character, unless it be the very fact in issue, or to a fact from which the fact in issue would be presumed. But a witness must answer as to the fact of his previous conviction for felony.
History:
[(9-1302) C.C.P. 1881, sec. 978; R.S., R.C., & C.L., sec. 6091; C.S., sec. 8044; I.C.A., sec. 16-1302.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 13 - RIGHTS AND DUTIES OF WITNESSES › 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 to the place of attendance, necessarily remaining there, and returning therefrom.
History:
[(9-1303) C.C.P. 1881, sec. 797; R.S., R.C., & C.L., sec. 6092; C.S., sec. 8045; I.C.A., sec. 16-1303.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 13 - RIGHTS AND DUTIES OF WITNESSES › 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 assessed against him, and is also liable to an action at the suit of the party serving the witness with the subpoena, for the damages sustained by him in consequence of the arrest.
History:
[(9-1304) C.C.P. 1881, sec. 980; R.S., R.C., & C.L., sec. 6093; C.S., sec. 8046; I.C.A., sec. 16-1304.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 13 - RIGHTS AND DUTIES OF WITNESSES › 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 subpoena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance and the action or proceeding in which the subpoena was issued; and,
2. That he has not thus been served by his own procurement, with the intention of avoiding an arrest.
3. That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpoena.
The affidavit may be taken by the officer and exonerates him from liability for discharging the witness when arrested.
History:
[(9-1305) C.C.P. 1881, sec. 981; R.S., R.C., & C.L., sec. 6094; C.S., sec. 8047; I.C.A., sec. 16-1305.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 13 - RIGHTS AND DUTIES OF WITNESSES › 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 discharge, a judge of the court may grant the discharge.
History:
[(9-1306) C.C.P. 1881, sec. 982; R.S., R.C., & C.L., sec. 6095; C.S., sec. 8048; I.C.A., sec. 16-1306; am. 1969, ch. 126, sec. 10, p. 388.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 14 - ADMINISTRATION OF OATHS AND AFFIRMATIONS › 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. 992; R.S., R.C., & C.L., sec. 6127; C.S., sec. 8064; I.C.A., sec. 16-1401.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 14 - ADMINISTRATION OF OATHS AND AFFIRMATIONS › 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), pending between …. and …., shall be the truth, the whole truth, and nothing but the truth, so help you God.
History:
[(9-1402) C.C.P. 1881, sec. 993; R.S., R.C., & C.L., sec. 6128; C.S., sec. 8065; I.C.A., sec. 16-1402.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 14 - ADMINISTRATION OF OATHS AND AFFIRMATIONS › 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 mode.
History:
[(9-1403) C.C.P. 1881, sec. 994; R.S., R.C., & C.L., sec. 6129; C.S., sec. 8066; I.C.A., sec. 16-1403.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 14 - ADMINISTRATION OF OATHS AND AFFIRMATIONS › 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. 8067; I.C.A., sec. 16-1404.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 14 - ADMINISTRATION OF OATHS AND AFFIRMATIONS › 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., sec. 6131; C.S., sec. 8068; I.C.A., sec. 16-1405.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 14 - ADMINISTRATION OF OATHS AND AFFIRMATIONS › 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 affidavit, in writing, of the person making the same, other than a deposition, an oath of office or an oath required to be taken before a specified official other than a notary public, such matter may with like force and effect be supported, evidenced, established or proven by the unsworn certification or declaration, in writing, which is subscribed by such person and is in substantially the following form:
"I certify (or declare) under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct."
………………..
………………..
(Date)
(Signature)
(2) This section shall not apply to acknowledgments.
History:
[9-1406, added 2013, ch. 259, sec. 1, p. 636.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 15 - TENDER AND RECEIPT › 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. 6110; C.S., sec. 8049; I.C.A., sec. 16-1501.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 15 - TENDER AND RECEIPT › Section 9-1502 - DEBTOR MAY DEMAND RECEIPT.

9-1502. DEBTOR MAY DEMAND RECEIPT. Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.
History:
[(9-1502) C.C.P. 1881, sec. 984; R.S., R.C., & C.L., sec. 6111; C.S., sec. 8050; I.C.A., sec. 16-1502.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 16 - FEES AND MILEAGE OF WITNESSES › Section 9-1601 - WITNESSES’ FEES IN DISTRICT COURT.

9-1601. WITNESSES’ FEES IN DISTRICT COURT. Witnesses in civil actions in district court or magistrates division thereof, or before any referee, master or commissioner thereof, are entitled to receive such witness fees and travel expenses as determined by the trial court pursuant to the Idaho Rules of Civil Procedure.
History:
[(9-1601) R.S., R.C., & C.L., sec. 6139; C.S., sec. 8069; I.C.A., sec. 16-1601; am. 1957, ch. 140, sec. 1, p. 232; am. 1977, ch. 5, sec. 1, p. 10.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 16 - FEES AND MILEAGE OF WITNESSES › Section 9-1603 - INTERPRETERS’ FEES.

9-1603. INTERPRETERS’ FEES. The interpreters are entitled to receive such fee for their services as set and determined by the court together with the same rate per mile as the state of Idaho pays for state employees pursuant to section 67-2008, Idaho Code, to be paid out of the county treasury by order of the court in both civil and criminal actions.
History:
[(9-1603) R.S., R.C., & C.L., sec. 6141; C.S., sec. 8071; I.C.A., sec. 16-1603; am. 1959, ch. 65, sec. 1, p. 137; am. 1975, ch. 64, sec. 3, p. 130; am. 1982, ch. 213, sec. 2, p. 587.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 16 - FEES AND MILEAGE OF WITNESSES › Section 9-1604 - ATTORNEYS NOT ENTITLED TO WITNESS’ FEES.

9-1604. ATTORNEYS NOT ENTITLED TO WITNESS’ FEES. No counselor or attorney at law in any case shall be allowed any fees for attendance as a witness in any such cause.
History:
[(9-1604) R.S., R.C., & C.L., sec. 6142; C.S., sec. 8072; I.C.A., sec. 16-1604.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 16 - FEES AND MILEAGE OF WITNESSES › Section 9-1605 - STATE NEED NOT PREPAY FEES.

9-1605. STATE NEED NOT PREPAY FEES. The attorney-general or any prosecuting attorney is authorized to cause subpoenas to be issued, and to compel the attendance of witnesses on behalf of the state, without paying or tendering fees in advance to any witnesses; and any witness failing or neglecting to attend after being served with a subpoena, may be proceeded against and shall be liable in the same manner as provided by law in other cases when fees have been tendered or paid.
History:
[(9-1605) R.S., R.C., & C.L., sec. 6143; C.S., sec. 8073; I.C.A., sec. 16-1605.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 17 - PROOF OF FACTS CONTAINED IN PUBLIC RECORDS › Section 9-1701 - LICENSURE OR NONLICENSURE.

9-1701. LICENSURE OR NONLICENSURE. (1) The existence or nonexistence of licensure by any public authority in this state, the United States, or any state of the United States may be proved, prima facie, in any criminal or civil action, by the affidavit of the custodian of the records of the licensing authority, or one acting with the authorization of the custodian, stating that the conclusion given was based on a diligent search of the records, and accompanied by a certificate that such person has the custody.
(2) In cases where public licensing functions performed by more than one licensing authority in this state relate to the same subject matter, the division of occupational and professional licenses may, by regulation, designate a single custodian to maintain a master list of licensees, and the affidavit of such person, or one acting with his authority, may be used as evidence in the manner and with the effect set forth in subsection (1) of this section.
(3) This section does not prevent the proof of official records or of entry or lack of entry therein by any method authorized by any applicable statute, rule of criminal or civil procedure or rule of evidence recognized by the courts of this state.
History:
[9-1701, added 1979, ch. 131, sec. 4, p. 425; am. 2022, ch. 94, sec. 1, p. 279.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 17 - PROOF OF FACTS CONTAINED IN PUBLIC RECORDS › Section 9-1702 - PROOF OF PRESCRIPTION DRUG STATUS.

9-1702. PROOF OF PRESCRIPTION DRUG STATUS. Proof that a drug is a prescription or legend drug may be made as provided by section 54-1738, Idaho Code.
History:
[9-1702, added 1979, ch. 131, sec. 4, p. 426.]
2023 Idaho Code › Title 9 - EVIDENCE › Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT › 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.]