Rule 48 – Mistrial

by | May 11, 2021 | Criminal Procedure, Idaho

After trial is commenced, at any time prior to the rendering of a verdict, the court may declare a mistrial on its own motion or on motion of any party if it determines an occurrence at trial has prevented a fair trial. If the court determines that the deliberate...

Rule 47 – Jury Procedure

by | May 11, 2021 | Criminal Procedure, Idaho

(a) Use of Juror Questionnaires. Information derived from or answers to juror questionnaires is confidential and must not be disclosed to anyone except pursuant to court order. For the limited purpose of trial preparation, copies of the juror questionnaires and...

Rule 46 – Objecting to a Ruling or Order

by | May 11, 2021 | Criminal Procedure, Idaho

A formal exception to a ruling or order is unnecessary. When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Failing to object does not...

Rule 45 – Subpoenas

by | May 11, 2021 | Criminal Procedure, Idaho

(a) in General.(1)Form and Contents.(A) Requirements – In General. Every subpoena must be substantially in the form found in Appendix B and must: (i) state the name of the court from which it issued;(ii) state the title of the action and the case number;...

Rule 43 – Taking Testimony

by | May 11, 2021 | Criminal Procedure, Idaho

(a) In Open Court. At trial, the witnesses’ testimony must be taken in open court unless a statute, these rules, the Idaho Rules of Evidence or other rules adopted by the Idaho Supreme Court provide otherwise. For good cause in compelling circumstances and with...