Idaho Code § 9-1806

Factors for determining whether to permit alternative method

Known as the Uniform Child Witness Testimony by Alternative Methods Act

The act spans §§ 9–9 (8 sections).

Applied in 1 court decision — leading case State v. Farrell-Quigle (2020)

Most recently applied in State v. Farrell-Quigle (December 2020)

I.C., § 9-1806, as added by 2003, ch. 152, § 2, p. 437.

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.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.