§ Rule 43 Taking of testimony

Rule 43. Taking of testimony

(a) Taking of Testimony. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute or by these rules, the Idaho Rules of Evidence, or other rules adopted by the Supreme Court of Idaho.

(b)(1) Direct and Cross-Examination. The examination of a witness by the party producing the witness is denominated the direct examination; the examination of the same witness, by the adverse party, the cross-examination. The direct examination must be completed before the cross-examination begins, unless the court otherwise directs.

(2) Interpreters. If any party, or person the party intends to call as a witness, needs an interpreter as provided in Idaho Court Administrative Rule 52, the party shall so notify the court at least fourteen (14) days before commencement of the court proceeding, or as soon as practicable in the event of an expedited hearing. If the party fails to do so without good cause and as a result the trial or hearing is postponed, the court in its discretion may impose and tax costs and expenses occasioned thereby against the party or the party's attorney.

(3) Rules Governing Cross-Examination. [Rescinded effective July 1, 1985]

(4) Cross-Examination of Adverse Party. [Rescinded effective July 1, 1985]

(5) Reexamination and Recalling of Witnesses. A witness once examined cannot be reexamined as to the same matter without leave of the court, but the witness may be reexamined as to any new matter upon which the witness has been examined by the adverse party. And after the examinations on both sides are once concluded, the witness cannot be recalled by the same party without leave of the court. Leave shall be granted or withheld by the court in the exercise of sound discretion. This rule shall not preclude the adverse party from calling such witness as that party's own witness for direct examination.

(6) Impeachment by Adverse Party. [Rescinded effective July 1, 1985]

(7) Impeachment of Party's Own Witness. [Rescinded effective July 1, 1985]

(8) Impeachment by Showing Inconsistent Statements. [Rescinded effective July 1, 1985]

(9) Evidence of Good Character. [Rescinded effective July 1, 1985]

(10) Exclusion of Trial Witnesses. [Rescinded effective July 1, 1985]

(11) Refreshment of Memory. [Rescinded effective July 1, 1985]

(12) Inspection of Writings. Whenever a writing is shown to a witness it may be inspected by the opposite party.

(d) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.

(e) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

(f) View of Premises, Property or Things. During a trial, the court, in its discretion, may order that the court or jury shall have a view of, (1) the property which is the subject of the action, or (2) a place in which any material fact occurred or in which any material thing is located, or (3) any other item, thing or circumstance relevant to the action. In jury trials the court shall order the jury to be transported as a group, under the charge of an officer appointed by the court, to the place where the view is to be shown to them. While the jury is conducting such a view, no person shall be permitted to speak with them on any subject connected with the trial of the action, except as authorized by the court, and only the appointed officer shall communicate with them in conducting the view pursuant to order of the court. A view by the court shall be conducted personally by the court after notice to all parties. Counsel shall have the right to be present at any view by the court or jury.

The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.