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Section 9-1806 - FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD.

ID Code § 9-1806 (2019) (N/A)
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9-1806. FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD. 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.

History:

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

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Section 9-1805 - STANDARDS FOR DETERMINING WHETHER CHILD WITNESS’ TESTIMONY MAY BE PRESENTED BY ALTERNATIVE METHOD.
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Section 9-1807 - ORDER REGARDING TESTIMONY BY ALTERNATIVE METHOD.