Idaho Statutes

§ 9-1806 — FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD

Idaho·Title 9 EVIDENCE·Ch. 18 UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

If the presiding officer determines that a standard under section 9-1805, Idaho Code, has been met, the presiding officer shall determine whether to allow the presentation of the testimony of a child witness by an alternative method and in doing so shall consider:

(1)Alternative methods reasonably available;
(2)Available means for protecting the interests of or reducing emotional trauma to the child without resort to an alternative method;
(3)The nature of the case;
(4)The relative rights of the parties;
(5)The importance of the proposed testimony of the child;
(6)The nature and degree of emotional trauma that the child may suffer if an alternative method is not used; and
(7)Any other relevant factor.

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Related

State v. Marcelino B. Baeza
383 P.3d 1208 (Idaho Supreme Court, 2016)
6 case citations
State v. Farrell-Quigle
477 P.3d 208 (Idaho Supreme Court, 2020)
3 case citations

Legislative History

[9-1806, added 2003, ch. 152, sec. 2, p. 439.]

Nearby Sections

15
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