T9CH2
Title 9 > T9CH2
Sections (8)
9-201
TITLE 9 EVIDENCE CHAPTER 2 WITNESSES 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, neither parties nor other persons who have an interest in the event of an action or proceeding are excluded; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief; although in every case the credibility of the witness may be drawn in question, by the manner in which he testifies, by the character of his testimony, or by evidence affecting his character for truth, honesty or integrity, or his motives, or by contradictory evidence; and the jury are the exclusive judges of his credibility. History: [(9-201) C.C.P. 1881, sec. 897; R.S., R.C., & C.L., sec. 5956; C.S., sec. 7935; I.C.A., sec. 16-201.]
9-202
TITLE 9 EVIDENCE CHAPTER 2 WITNESSES 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 are examined, or of relating them truly. At the time a child under the age of ten (10) years of age is called to testify in any court proceeding, the court shall conduct a hearing in chambers to determine whether the child qualifies as a witness under this section. In conducting such hearing the court shall take every reasonable means necessary to prevent intimidation or harassment of the child by the parties or their attorneys. The judge, rather than the parties, shall examine the child but he shall do so in the presence of the parties and he shall pose to the child any reasonable questions requested by the parties and previously submitted to the court. The judge may rephrase any questions so that the child is not intimidated. 3. Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted against an executor or administrator, upon a claim or demand against the estate of a deceased person, as to any communication or agreement, not in writing, occurring before the death of such deceased person. History: [(9-202) C.C.P. 1881, sec. 898; R.S., R.C., & C.L., sec. 5957; C.S., sec. 7936; am. 1927, ch. 51, sec. 1, p. 67; I.C.A., sec. 16-202; am. 1947, ch. 12, sec. 1, p. 12; 1965, ch. 113, sec. 1, p. 219; am. 1985, ch. 215, sec. 1, p. 524.]
9-203
TITLE 9 EVIDENCE CHAPTER 2 WITNESSES 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 for or against his wife, without her consent, nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other nor to a criminal action or proceeding for a crime committed by violence of one against the person of the other, nor does this exception apply to any case of physical injury to a child where the injury has been caused as a result of physical abuse or neglect by one or both of the parents, nor does this exception apply to any case of lewd and lascivious conduct or attempted lewd and lascivious conduct where either party would otherwise be protected by this privilege. (2) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon, in the course of professional employment. The word client used herein shall be deemed to include a person, a corporation or an association. (3) A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs. (4) A physician or surgeon cannot, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient that was necessary to enable him to prescribe or act for the patient; provided, however, that: (a) Nothing herein contained shall be deemed to preclude physicians from reporting of and testifying at all cases of physical injury to children, where it appears the injury has been caused as a result of physical abuse or neglect by a parent, guardian or legal custodian of the child. (b) Nothing herein contained shall be deemed to preclude physicians from testifying at all cases of physical injury to a person where it appears the injury has been caused as a result of domestic violence. (c) After the death of a patient, in any action involving the validity of any will or other instrument executed, or claimed to have been executed, by him, conveying or transferring any real or personal property or incurring any financial obligation, such physician or surgeon may testify to the mental or physical condition of such patient and in so testifying may disclose information acquired by him concerning such patient that was necessary to enable him to prescribe or act for such deceased. (d) Where any person, or his heirs or representatives, brings an action to
9-203A
TITLE 9 EVIDENCE CHAPTER 2 WITNESSES 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 course of professional employment. 2. Notwithstanding the provisions of subsection 1 of this section, as part of a proceeding or investigation conducted by the board of accountancy or quality review program required, implemented, conducted or approved by the board of accountancy, a certified public accountant or a licensed public accountant may be examined and may disclose any communication made by a client to the certified public accountant or licensed public accountant, or any advice given by that accountant in the course of his professional employment. 3. Any person participating in a proceeding or investigation by the board of accountancy or in the conduct of a quality review program required, implemented, conducted or approved by the board of accountancy shall only be entitled to use the information disclosed by the certified public accountant or licensed public accountant for purposes related to the proceeding, investigation or quality review program and otherwise cannot, without the consent of the accountant’s client disclose or be examined regarding the information obtained from the accountant in the course of the proceeding, investigation or quality review program except in connection with the proceeding, investigation or quality review program. In addition, any person participating in the proceeding, investigation or quality review program cannot, without the consent of the accountant’s client, disclose or be examined regarding their analysis of the information provided by the accountant pursuant to the proceeding, investigation or quality review program, except in connection with the proceeding, investigation or quality review program. 4. The word client used herein shall be deemed to include a person, a corporation or an association. The word communication as used herein shall be deemed to include but shall not be limited to, reports, financial statements, tax returns, or other documents relating to the client’s personal and/or business financial status, whether or not said reports or documents were prepared by the client, the licensed public accountant or certified public accountant, or other person who prepared said documents at the direction of and under the supervision of said accountants. History: [9-203A, added 1978, ch. 262, sec. 1, p. 570; am. 1989, ch. 149, sec. 1, p. 359.]
9-204
TITLE 9 EVIDENCE CHAPTER 2 WITNESSES 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. History: [(9-204) C.C.P. 1881, sec. 900; R.S., R.C., & C.L., sec. 5959; C.S., sec. 7938; I.C.A., sec. 16-204.]
9-205
TITLE 9 EVIDENCE CHAPTER 2 WITNESSES 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 qualified interpreter to interpret the proceedings to and the testimony of such witness or party. Upon appointment of such interpreter, the court may have the interpreter served with a subpoena as other witnesses, and such interpreter shall be sworn to accurately and fully interpret the testimony given at the hearing or trial to the best of his ability before assuming his duties as an interpreter. The court shall determine a reasonable fee for all such interpreter services which shall be paid out of the district court fund. History: [9-205, added 1975, ch. 64, sec. 2, p. 130; am. 1994, ch. 215, sec. 1, p. 673; am. 2010, ch. 235, sec. 2, p. 542; am. 2023, ch. 77, sec. 1, p. 264.]
9-206
TITLE 9 EVIDENCE CHAPTER 2 WITNESSES 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 reporting such testimony at such trial or proceeding, shall be admissible at any subsequent trial between the same parties and relating to the same subject matter, when such witness is deceased, absent from the state or otherwise unavailable or unable to testify as a witness. History: [9-206, added 1945, ch. 16, sec. 1, p. 25.]
9-207
TITLE 9 EVIDENCE CHAPTER 2 WITNESSES 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 statements and affirmations, whether in writing or oral, and all gestures or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence, including any accompanying explanation, made by a health care professional or an employee of a health care professional to a patient or family member or friend of a patient, which relate to the care provided to the patient, or which relate to the discomfort, pain, suffering, injury, or death of the patient as the result of the unanticipated outcome of medical care shall be inadmissible as evidence for any reason including, but not limited to, as an admission of liability or as evidence of an admission against interest. (2) A statement of fault which is otherwise admissible and is part of or in addition to a statement identified in subsection (1) of this section shall be admissible. (3) For the purposes of this section, unless the context otherwise requires: (a) Health care professional means any person licensed, certified, or registered by the state of Idaho to deliver health care and any clinic, hospital, nursing home, ambulatory surgical center or other place in which health care is provided. The term also includes any professional corporation or other professional entity comprised of such health care professionals as permitted by the laws of Idaho. (b) Unanticipated outcome means the outcome of a medical treatment or procedure that differs from an expected, hoped for or desired result. History: [9-207, added 2006, ch. 204, sec. 1, p. 624.]