Idaho Rules of Evidence

Rules of evidence are a set of evidence rules that authorize how to collect, present and apply evidence for each case.  Idaho Rules of Evidence govern proceedings in the courts of Idaho.  These rules govern all actions and proceedings in the courts of this State to which rules of evidence are applicable.  The trial courts of Idaho shall apply the Idaho Rules of Evidence unless it finds that such application would prejudice the substantive rights of any party.  The rules with respect to privileges apply at all stages of all actions, cases and proceedings.

These rules apply in the following proceedings but with exceptions:

  • Preliminary hearings except as modified by Rule 5.1(b) of the Idaho Criminal Rules.
  • Proceedings under the Juvenile Corrections Act except as modified by the Idaho Juvenile Rules.
  • Masters proceedings unless the appointing court directs otherwise in the order of appointment pursuant to Rule 53 of the Idaho Rules of Civil Procedure.
  • Proceedings under the Uniform Post-Conviction Procedure Act except as modified by Idaho Code § 19-4907.
  • Proceedings for suspension of driver’s license for failure to take an evidentiary test for alcohol concentration except as modified by Rule 9.2(b) of the Idaho Misdemeanor Criminal Rules.
  • Proceedings under the Paternity Act except as modified by Rule 6(c)(7) of the Idaho Rules of Civil Procedure.
    However, these rules, other than those with respect to privileges, do not apply in the following situations:
  • The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).
  • Special Inquiry Judge proceedings.
  • Miscellaneous Proceedings such as for extradition or rendition; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.
  • Contempt proceedings in which the court may act summarily.
  • Proceedings in the small claims department of the district court.

The Idaho Rules of Evidence are construed to secure fairness in administration and elimination of unjustifiable expense and delay.  In addition, the rules aim at promotion of growth and development of the law of evidence for ascertaining truth and justly determining proceedings.

Table of Contents of The Idaho Rules of Evidence:

ARTICLE I. GENERAL PROVISIONS. 6

Rule 101. Title and scope.

Rule 102. Purpose and construction.

Rule 103. Rulings on evidence.

Rule 104. Preliminary questions.

Rule 105. Limited admissibility.

Rule 106. Remainder of or related writings or recorded statements.

ARTICLE II. JUDICIAL NOTICE. 1

Rule 201. Judicial notice of adjudicative facts.

ARTICLE III. PRESUMPTIONS. 3

Rule 301. Presumptions in general in civil actions and proceedings.

Rule 302. Applicability of Federal law in civil cases.

Rule 303. Presumptions in criminal cases.

ARTICLE IV. RELEVANCY AND ITS LIMITS. 14

Rule 401. Definition of relevant evidence.

Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible.

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

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

Rule 405. Methods of proving character.

Rule 406. Habit; routine practice.

Rule 407. Subsequent remedial measures.

Rule 408. Compromise and offers to compromise.

Rule 409. Payment of medical and similar expenses.

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

Rule 411. Liability insurance.

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

Rule 413. Proceedings of medical malpractice screening panels.

Rule 414. Inadmissibility of expressions of condolence or sympathy.

ARTICLE V. PRIVILEGES. 20

Rule 501. Privileges recognized only as provided.

Rule 502. Lawyer-client privilege.

Rule 503. Physician and psychotherapist-patient privilege.

Rule 504. Husband-wife privilege.

Rule 505. Religious privilege.

Rule 506. Political vote.

Rule 507. Conduct of mediations.

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

Rule 509. Identity of informer.

Rule 510. Waiver of privilege by voluntary disclosure.

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

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

Rule 513. Lawyer may exercise claim of privilege.

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

Rule 515. Accountant-client privilege.

Rule 516. School counselor-student privilege.

Rule 517. Licensed counselor-client privilege.

Rule 518. Licensed social worker-client privilege.

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

Rule 520. Medical malpractice screening panel privilege.

ARTICLE VI. WITNESSES. 15

Rule 601. General rule of competency.

Rule 602. Lack of personal knowledge.

Rule 603. Oath or affirmation.

Rule 604. Interpreters.

Rule 605. Competency of judge as witness.

Rule 606. Competency of juror as witness.

Rule 607. Who may impeach.

Rule 608. Evidence of character and conduct of witness.

Rule 609. Impeachment by evidence of conviction of crime.

Rule 610. Religious beliefs or opinions.

Rule 611. Mode and order of interrogation and presentation.

Rule 612. Writing or object used to refresh memory.

Rule 613. Prior statements of witnesses.

Rule 614. Calling and interrogation of witnesses by court.

Rule 615. Exclusion of witnesses.

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY. 6

Rule 701. Opinion testimony by lay witness.

Rule 702. Testimony by experts.

Rule 703. Basis of opinion testimony by experts.

Rule 704. Opinion on ultimate issue.

Rule 705. Disclosure of facts or data underlying expert opinion.

Rule 706. Court appointed experts.

ARTICLE VIII. HEARSAY. 6

Rule 801. Definitions.

Rule 802. Hearsay rule.

Rule 803. Hearsay exceptions; availability of declarant immaterial.

Rule 804. Hearsay exceptions; declarant unavailable.

Rule 805. Hearsay within hearsay.

Rule 806. Attacking and supporting credibility of declarant.

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION. 4

Rule 901. Requirement of authentication or identification.

Rule 902. Self-authentication.

Rule 903. Subscribing witness’ testimony unnecessary.

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

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS. 8

Rule 1001. Definitions.

Rule 1002. Requirement of original.

Rule 1003. Admissibility of duplicates.

Rule 1004. Admissibility of other evidence of contents.

Rule 1005. Public records.

Rule 1006. Summaries.

Rule 1007. Testimony or written admission of party.

Rule 1008. Functions of court and jury.

ARTICLE XI. MISCELLANEOUS RULES. 3

Rule 1101. Adoption and amendments.

Rule 1102. Effect on evidentiary statutes and rules.

Rule 1103. Application.

Idaho rules of Evidence


Inside Idaho Rules of Evidence