Title 9 — EVIDENCE

9-101. Facts judicially noticed. Courts take judicial notice of the following facts: 1. The true signification of all English words and phrases, and of legal expressions. 2. Whatever is established by law. 3. Public and private official acts of the legislative, executive and judi…

9-102. Questions of law addressed to court. All questions of law arising upon the trial, including the admissibility of testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the c…

9-201. Who may be witnesses — Credibility of witnesses. All persons, without exception, otherwise than is specified in the next two (2) sections, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. Therefore, n…

9-202. Who may not testify. The following persons cannot be witnesses: 1. Those who are of unsound mind at the time of their production for examination. 2. Children under ten (10) years of age, who appear incapable of receiving just impressions of the facts respecting which they …

9-203. Confidential relations and communications. There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person cannot be examined as a witness in the following cases: (1) A husband cannot be examined…

9-203A. Confidential communications with accountants. 1. Any licensed public accountant, or certified public accountant, cannot, without the consent of his client, be examined as a witness as to any communication made by the client to him, or his advice given thereon in the cours…

9-204. Judge or juror may testify. The judge himself, or any juror, may be called as a witness by either party, but in such case it is in the discretion of the court to order the trial to be postponed or suspended, and to take place before another judge or jury.

9-205. Interpreters. In any civil or criminal action in which any witness or a party does not understand or speak the English language, or who has a physical disability which prevents him from fully hearing or speaking the English language, then the court shall appoint a qualifie…

9-206. Deceased or absent witnesses — Transcribed testimony admissible. The testimony of a witness who testified at the trial in an action or proceeding in any district court of the State of Idaho, when transcribed and certified to be true or correct by the court reporter reporti…

9-207. Admissibility of expressions of apology, condolence and sympathy. (1) In any civil action brought by or on behalf of a patient who experiences an unanticipated outcome of medical care, or in any arbitration proceeding related to, or in lieu of, such civil action, all state…

9-303. Statutes — Classification — Public or private. Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affe…

9-304. Proof of Statutes Act — Publications covered. Printed books or pamphlets purporting on their face to be the session or other statutes of any of the United States, or the territories thereof, or of any foreign jurisdiction, and to have been printed and published by the auth…

9-305. Proof of Statutes Act — Uniformity of interpretation. This act shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.

9-306. Proof of Statutes Act — Short title. This act may be cited as the Uniform Proof of Statutes Act.

9-307. Certified copies of foreign laws and writings — Admissibility. A copy of the written law, or other public writing, of any state, territory or country, attested by the certificate of the officer having charge of the original, under the public seal of the state, territory or…

9-308. Oral evidence of common law — Reports of decisions. The oral testimony of witnesses skilled therein is admissible as evidence of the unwritten law of another state, territory or foreign country, as are also printed and published books of reports of decisions of the courts …

9-309. Recitals in statutes — Conclusiveness. The recitals in a public statute are conclusive evidence of the facts recited for the purpose of carrying it into effect, but no further. The recitals in a private statute are conclusive evidence between parties who claim under its pr…

9-310. Judicial record defined. A judicial record is the record or official entry of the proceedings in a court of justice, or of the official act of a judicial officer, in an action or special proceeding.

9-311. Public writings — Classification. Public writings are divided into four classes: 1. Laws. 2. Judicial records. 3. Other official documents. 4. Public records kept in this state of private writings.

9-312. Authentication of judicial record. A judicial record of this state, or of the United States, may be proved by the production of the original, or by a copy thereof, certified by the clerk or other person having the legal custody thereof. That of another state or territory m…

9-313. Authentication of judicial record of foreign country. A judicial record of a foreign country may be proved by the attestation of the clerk, with the seal of the court annexed, if there be a clerk and seal, or of the legal keeper of the record, with the seal of his office a…

9-314. Compared copy of foreign record — Admissibility in evidence. A copy of the judicial record of a foreign country is also admissible in evidence, upon proof: 1. That the copy offered has been compared by the witness with the original and is an exact transcript of the whole o…

9-315. Proof of other official documents. Other official documents may be proved as follows: 1. Acts of the executive of this state, by the records; and of the United States, by the records of the departments of the United States, certified by an officer or employee of those depa…

9-316. Official Reports as Evidence Act. Written reports or findings of fact made by officers of this state, on a matter within the scope of their duty as defined by statute, shall, insofar as relevant, be admitted as evidence of the matters stated therein.

9-317. Official reports as evidence — Notice before trial. Such report or finding shall be admissible only if the party offering it has delivered a copy of it, or so much thereof as may relate to the controversy, to the adverse party a reasonable time before trial, unless in the …

9-318. Official reports as evidence — Cross-examination. Any adverse party may cross-examine any person making such reports or findings or any person furnishing information used therein; but the fact that such testimony may not be obtainable shall not affect the admissibility of …

9-319. Official reports as evidence — 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.

9-320. Official reports as evidence — Short title of act. This act may be cited as the Uniform Official Reports as Evidence Act.

9-321. Public record of private writing — How proved. A public record of a private writing may be proved by the original record, or by a copy thereof, certified by the legal keeper of the record.

9-322. Entries in public and official books — Effect as prima facie evidence. Entries in public or other official books or records, made in the performance of his duty by a public officer of this state, or by another person in the performance of a duty specially enjoined by law, …

9-323. Transcript of docket of justice of another state — Admissibility. A transcript from the record or docket of a justice of the peace of another state or territory of a judgment rendered by him, of the proceedings in the action before the judgment, of the execution and return…

9-324. Proof of transcript — Certificate of justice and clerk — Proof of judgment by justice in person. There must be attached to the transcript a certificate of the justice that the transcript is in all respects correct, and that he had jurisdiction of the action, and also a fur…

9-325. Certified copies of writings. Whenever a copy of a writing is certified for the purposes of evidence, the certificate must state in substance, that the copy is a correct copy of the original, or of a specified part thereof, as the case may be. The certificate must be under…

9-326. Certificate of purchase or location of lands — Effect as evidence. A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States, is primary evidence that the holder or assignee of such certificate is the…

9-327. Entries by officers — Effect as evidence. An entry made by an officer, or board of officers, or under the direction and in the presence of either, in the course of official duty, is prima facie evidence of the facts stated in such entry.

9-328. Photographic or digital retention of records — Disposition of originals. Any state officer may receive or retain documents filed or recorded in his office on media other than paper, provided that the media comply with the standards set forth in this section. The originals …

9-333. Admissibility in evidence of copies of destroyed records. The photostatic, photographic, microphotographic or microfilmed copy of any such record destroyed or disposed of as herein authorized, or a certified copy thereof, shall be admissible in evidence in any court or pro…

9-334. Copies of records to be in duplicate — One copy for display purposes, the other placed in fireproof vault. Whenever any record or document is copied or reproduced by microphotographic, microfilm, or other mechanical process as provided in this section, it shall be made in …

9-401. Public and private seals. A public seal in this state is a stamp or impression, made by a public officer with an instrument provided by law, to attest the execution of an official or public document, upon the paper or upon any substance attached to the paper, which is capa…

9-402. Historical works — Books of science or art — Published maps or charts — Effect as evidence. Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, are prima facie evidence of facts of general notoriety…

9-403. Notice to produce writing — Proof upon failure to produce — When notice not necessary. If the writing be in the custody of the adverse party, he must first have reasonable notice to produce it. If he then fail to do so, the contents of the writing may be proved as in case …

9-404. Writing need not be introduced. Though a writing called for by one party is produced by the other, and is thereupon inspected by the party calling for it, he is not obliged to produce it as evidence in the case.

9-405. Proof of writings. Any writing may be proved either: 1. By any one who saw the writing executed; or 2. By evidence of the genuineness of the handwriting of the maker; or 3. By a subscribing witness.

9-406. Denial by subscribing witness — Proof by other evidence. If the subscribing witness denies or does not recollect the execution of the writing, its execution may still be proved by other evidence.

9-407. Evidence of admission of execution. Where, however, evidence is given that the party against whom the writing is offered, has at any time admitted its execution, no other evidence of the execution need be given, when the instrument is one produced from the custody of the a…

9-408. Entries made by decedent — When admissible. The entries and other writings of a decedent, made at or near the time of the transaction, and in a position to know the facts stated therein, may be read as prima facie evidence of the facts stated therein, in the following case…

9-409. Acknowledgment of private writings. Every private writing, except last wills and testaments, may be acknowledged or proved and certified in the manner provided for the acknowledgment or proof of conveyances of real property, and the certificate of such acknowledgment or pr…

9-410. Instruments affecting realty — Certified copies of record — Admissibility. Every instrument conveying or affecting real property, acknowledged or proved, and certified, as provided by law, may, together with the certificate of acknowledgment or proof, be read in evidence i…

9-411. Secondary evidence of writings — When admissible. There can be no evidence of the contents of a writing other than the writing itself, except in the following cases: 1. When the original has been lost or destroyed; in which case proof of the loss or destruction must first …

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 …