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Idaho Statutes, Title 19

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Title 19, CRIMINAL PROCEDURE

62 chapters · 863 sections in this title.

All chapters in Title 19863 Ch 39, PROCEEDINGS IN MAGISTRATE’S DIVISION…38 Ch 21, TRIAL34 Ch 14, INDICTMENT32 Ch 25, JUDGMENT32 Ch 2, PREVENTION OF PUBLIC OFFENSES31 Ch 20, CHALLENGING THE JURY30 Ch 45, PROCEEDINGS AGAINST FUGITIVES FROM J…29 Ch 42, HABEAS CORPUS AND INSTITUTIONAL LITI…27 Ch 8, EXAMINATION OF CASE AND DISCHARGE OR…26 Ch 30, WITNESSES IN CRIMINAL PROCEEDINGS26 Ch 6, ARREST, BY WHOM AND HOW MADE24 Ch 29, IDAHO BAIL ACT24 Ch 11, POWERS AND DUTIES OF GRAND JURY22 Ch 17, PLEADINGS BY DEFENDANT20

12 sections·Filtered byTitle 19✕Ch 31✕

Idaho Code § 19-3101 Witnesses may be conditionally examined
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19-3101. Witnesses may be conditionally examined. When a defendant has been held to answer a charge for a public offense, he may, either before or after an indictment, have witnesses examined conditionally, on his behalf, as prescribed in this chapter, and not otherwise.
Idaho Code § 19-3102 Grounds for examination
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19-3102. Grounds for examination. When a material witness for the defendant is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will be unable to attend the trial, the defendant may apply for an order that the witness be e…
Idaho Code § 19-3103 Contents of application
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19-3103. Contents of application. The application must be made upon affidavit, stating: 1. The nature of the offense charged. 2. The state of the proceedings in the action. 3. The name and residence of the witness, and that his testimony is material to the defense of the action. …
Idaho Code § 19-3104 Making of application
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19-3104. Making of application. The application may be made to the court during the term thereof, or to the judge in vacation, and must be upon three days’ notice to the prosecuting attorney.

Idaho Code § 19-3105 Order for examination

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19-3105. Order for examination. If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and that a copy of the order be served on the prosecuting attorney…

Idaho Code § 19-3106 Proceedings in absence of county attorney

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19-3106. Proceedings in absence of county attorney. The order must direct that the examination be taken before a magistrate named therein, and on proof being furnished to such magistrate of service upon the prosecuting attorney of a copy of the order, if no counsel appear on the …

Idaho Code § 19-3107 Discontinuance of examination

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19-3107. Discontinuance of examination. If the prosecuting attorney or other counsel appear on behalf of the people, and it is shown to the satisfaction of the magistrate, by affidavit or other proof, or on the examination of the witness, that he is not about to leave the state, …

Idaho Code § 19-3108 Subpoena for witness

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19-3108. Subpoena for witness. The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.

Idaho Code § 19-3109 Taking and authentication of testimony

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19-3109. Taking and authentication of testimony. The testimony given by the witness must be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an information.

Idaho Code § 19-3110 Transmission of depositions

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19-3110. Transmission of depositions. The deposition taken must, by the magistrate, be sealed up and transmitted to the clerk of the court in which the action is pending or may come for trial.

Idaho Code § 19-3111 Use of deposition on trial

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19-3111. Use of deposition on trial. The deposition, or a certified copy thereof, may be read in evidence by either party on the trial, upon its appearing that the witness is unable to attend, by reason of his death, insanity, sickness or infirmity, or of his continued absence fr…

Idaho Code § 19-3112 Deposition of imprisoned witness

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19-3112. Deposition of imprisoned witness. When a material witness for a defendant, under a criminal charge, is a prisoner in the state prison, or in the county jail of a county other than that in which the defendant is to be tried, his deposition may be taken on behalf of the de…