Rule 26 – Evidence

by | May 11, 2021 | Civil Procedure, Idaho

In every trial the testimony of witnesses must be taken orally in open court, unless otherwise provided by a statute or by these rules, the Idaho Rules of Evidence, or other rules adopted by the Idaho Supreme Court.Id. Crim. R. 26Adopted by Order dated February 22,...

Rule 25.1 – Death or Disability of Judge

by | May 11, 2021 | Civil Procedure, Idaho

(a) During Trial. Any qualified judge may. on agreement of the parties, complete a jury trial if: (1) the judge before whom the trial began cannot proceed because of death, sickness, or other disability; and(2) the judge completing the trial certifies familiarity with...

Rule 25 – Disqualification of Judge

by | May 11, 2021 | Civil Procedure, Idaho

(a) Disqualification of Judge Without Cause. In all felony and misdemeanor criminal actions, except actions before drug courts or mental health courts, the parties each have the right to one disqualification without cause of the judge, except as provided in this rule,...

Rule 24.1 – Notes of Jurors; Jury Notebooks

by | May 11, 2021 | Civil Procedure, Idaho

(a) Jury Notes. A juror may make written notes during a trial and take them with the juror when the jury retires for deliberation. The court must instruct the jury in how to exercise the right to take notes. At the conclusion of the proceedings, the court must take...

Rule 24 – Trial Jurors

by | May 11, 2021 | Civil Procedure, Idaho

(a)Opening Statements to the Entire Jury Panel. The parties may, with the court’s consent, present brief opening statements to the entire jury panel, prior to voir dire. On its own motion, the court may require counsel to do so. Following these statements, if...