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Idaho Rules of Evidence


Article I.  General Provisions


101. Title and scope.    


102. Purpose and construction.


103. Rulings on evidence.


104. Preliminary questions.


105. Limited admissibility.


106. Remainder of or related writings or recorded statements.



Article II.  Judicial Notice


201. Judicial notice of adjudicative facts.



Article III.  Presumptions


301. Presumptions in general in civil actions and proceedings.


302. Applicability of Federal law in civil cases.


303. Presumptions in criminal cases.



Article IV.  Relevancy and its Limits


401. Definition of relevant evidence.


402. Relevant evidence generally admissible; irrelevant evidence inadmissible.


403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.


404. Character evidence not admissible to prove conduct; exceptions; other crimes.


405. Methods of proving character.


406. Habit; routine practice.


407. Subsequent remedial measures.


408. Compromise and offers to compromise.


409. Payment of medical and similar expenses.


410. Inadmissibility of pleas, plea discussions, and related statements.


411. Liability insurance.


412. Sex crime cases; relevance of victim's past behavior.


413. Proceedings of medical malpractice screening panels.


414. Inadmissibility of expressions of condolence or sympathy.



Article V.  Priviledges


501. Privileges recognized only as provided.


502. Lawyer-client privilege.


503. Physician and psychotherapist-patient privilege.


504. Husband-wife privilege.


505. Religious privilege.


506. Political vote.


507. Mediator Privilege.


508. Secrets of State and other official information; governmental privileges.


509. Identity of informer.


510. Waiver of privilege by voluntary disclosure.


511. Privileged matter disclosed under compulsion or without opportunity to claim privilege.


512. Comment upon or inference from claim of privilege; instruction.


513. Lawyer may exercise claim of privilege.


514. Parent-child; guardian or legal custodian-ward privilege.


515. Accountant-client privilege.


516. School counselor-student privilege.


517. Licensed counselor-client privilege.


518. Licensed social worker-client privilege.


519. Hospital, in-hospital medical staff committee and medical society privilege.


520. Medical malpractice screening panel privilege.



Article VI.  Witnesses


601. General rule of competency.


602. Lack of personal knowledge.


603. Oath or affirmation.


604. Interpreters.


605. Competency of judge as witness.


606. Competency of juror as witness.


607. Who may impeach.


608. Evidence of character and conduct of witness.


609. Impeachment by evidence of conviction of crime.


610. Religious beliefs or opinions.


611. Mode and order of interrogation and presentation.


612. Writing or object used to refresh memory.


613. Prior statements of witnesses.


614. Calling and interrogation of witnesses by court.


615. Exclusion of witnesses.



Article VII.  Opinions and Expert Testimony


701. Opinion testimony by lay witness.


702. Testimony by experts.


703. Basis of opinion testimony by experts.


704. Opinion on ultimate issue.


705. Disclosure of facts or data underlying expert opinion.


706. Court appointed experts.



Article VIII.  Hearsay


801. Definitions.


802. Hearsay rule.


803. Hearsay exceptions; availability of declarant immaterial.


804. Hearsay exceptions; declarant unavailable.


805. Hearsay within hearsay.


806. Attacking and supporting credibility of declarant.



Article IX. Authenitication and Identification


901. Requirement of authentication or identification.


902. Self-authentication.


903. Subscribing witness' testimony unnecessary.


904. Authentication of medical or dental tests and test results for diagnostic or treatment purposes.



Article X.  Contents of Writings, Recordings, and Photographs


1001. Definitions.


1002. Requirement of original.


1003. Admissibility of duplicates.


1004. Admissibility of other evidence of contents.


1005. Public records.


1006. Summaries.


1007. Testimony or written admission of party.


1008. Functions of court and jury.



Article XI.  Miscellaneous Rules


1101. Adoption and amendments.


1102. Effect on evidentiary statutes and rules.


1103. Application.


As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello



Promoting Openness In The Courts
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