9-1804 HEARING WHETHER TO ALLOW TESTIMONY BY ALTERNATIVE METHOD. - Idaho Statutes

TITLE 9

EVIDENCE

CHAPTER 18

UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

9-1804. Hearing whether to allow testimony by alternative method. (1) The presiding officer of a criminal or noncriminal proceeding may order a hearing to determine whether to allow presentation of the testimony of a child witness by an alternative method. The presiding officer, for good cause shown, shall order the hearing upon motion of a party, a child witness, or an individual determined by the presiding officer to have sufficient standing to act on behalf of the child.

(2) A hearing to determine whether to allow presentation of the testimony of a child witness by an alternative method must be conducted on the record after reasonable notice to all parties, any nonparty movant, and any other person the presiding officer specifies. The child’s presence is not required at the hearing unless ordered by the presiding officer. In conducting the hearing, the presiding officer is not bound by rules of evidence, except for the rules of privilege.