Title 9, 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,…

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.

9-419. SHORT TITLE. This law may be cited as the Uniform Photographic Copies of Business Records as Evidence Act.

9-420. PROOF OF HOSPITAL MEDICAL CHARTS OR RECORDS BY CERTIFIED COPY AND COMPLIANCE WITH SUBPOENA DUCES TECUM FOR PRODUCTION THEREOF. 1. Medical charts or records of hospitals licensed in this state may be proved as to foundation, identity and authenticity by use of a legible and…

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 ad…

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.

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 evi…

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…

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 l…

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 th…

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 anot…

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…

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 …

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 …

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.

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 civi…

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 th…

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 mus…

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 c…

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.

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.

9-714. MEDIA SOURCE CONFIDENTIALITY. No person engaged in journalistic activities shall be compelled to disclose in any legal proceeding, trial before any court, or before any jury the source of any information procured or obtained and published in a newspaper, print publication,…

9-801. SHORT TITLE. This chapter may be cited as the "Uniform Mediation Act."

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 or…

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, administ…

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 p…

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 waive…

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, o…

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 author…

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.

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…

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.

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…

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 se…

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.

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.

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 clos…

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 pu…

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 ar…

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 …

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…

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 bef…

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 administ…

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 sha…

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 co…

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.