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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. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes.


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 Civil Cases Generally.


302. Applying Federal law to Presumptions in civil cases.


303. Presumptions in Criminal Cases.



Article IV.  Relevancy and its Limits


401. Test for Relevant Evidence.


402. General Admissibility of Relevant Evidence.


403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons.


404. Character Evidence; Crimes or Other Acts.


405. Methods of Proving Character.


406. Habit; Routine Practice.


407. Subsequent Remedial Measures.


408. Compromise Offers and Negotiations.


409. Offers to Pay Medical and Similar Expenses.


410. Pleas, Plea Discussions, and Related Statements.


411. Liability Insurance.


412. Sex Crime Cases; Relevance of Alleged Victim's Past Sexual behavior.


413. Proceedings of Medical Malpractice Screening Panels.


414. Expressions of Condolence or Sympathy.



Article V.  Privileges


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. Conduct of Mediations.


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. Competency to Testify in General.


602. Need for Personal Knowledge.


603. Oath or Affirmation to Testify Truthfully.


604. Reserved.


605. Judge's Competency as a Witness.


606. Juror's Competency as a Witness.


607. Who May Impeach a Witness.


608. A Witness's Character for Truthfulness or Untruthfulness.


609. Impeachment by Evidence of a Criminal Conviction.


610. Religious Beliefs or Opinions.


611. Mode and Order of Examining Witnesses and Presenting Evidence.


612. Writing or Object Used to Refresh a Witness's Memory.


613. Witness's Prior Statement.


614. Court's Calling or examining of Witnesses.


615. Excluding Witnesses.



Article VII.  Opinions and Expert Testimony


701. Opinion Testimony by Lay Witnesses.


702. Testimony by Expert Witnesses.


703. Bases of an Expert's Opinion Testimony.


704. Opinion on an Ultimate Issue.


705. Disclosing the Facts or Data Underlying an Expert's Opinion.


706. Court-Appointed Expert Witnesses.



Article VIII.  Hearsay


801. Definitions That Apply to This Article; Exclusions from Hearsay.


802. Hearsay Rule.


803. Exceptions to the Rule Against Hearsay - Regardless of Whether the Declarant is Available as a Witness.


804. Exceptions to the Rule Against Hearsay - When the Declarant Is Unavailable as a Witness.


805. Hearsay Within Hearsay.


806. Attacking and Supporting the Declarant's Credibility.



Article IX. Authentication and Identification


901. Authenticating or Identifying Evidence.


902. Evidence That Is Self-Authenticating.


903. Subscribing Witness's Testimony.


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 That Apply to This Article.


1002. Requirement of the Original.


1003. Admissibility of Duplicates.


1004. Admissibility of Other Evidence of Contents.


1005. Copies of Public Records to Prove Content.


1006. Summaries to Prove Content.


1007. Testimony or Statement of a Party to Prove Content.


1008. Functions of the Court and Jury.


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 G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello
Judge Michael P. Tribe



Promoting Openness In The Courts
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