TITLE 10

ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS

CHAPTER 1

ISSUES — MODES OF TRIAL — POSTPONEMENT

10-111.  Amount sought for damages not disclosed to jury. In any civil action for damages, the amount of general damages sued for shall not be disclosed to the jury by court, counsel or any party and it shall be grounds for mistrial for any person to violate the prohibition of this act whether by specific statements or generalized argument. In furtherance of the provisions of this act it is declared that it is the exclusive province of the jury in a civil action for money damages involving allegations of general damages to resolve such issues of fact and it is against the policy of the state of Idaho for the jurors required to make such determinations to be informed of the particulars of allegations of damages in the pleadings on file with the court, by the arguments of counsel or otherwise, the dollar amount appraisal or evaluation of such damages being the exclusive province of the trier of fact; provided, this act shall not be construed to prohibit proof of damages or presentation of arguments which are legally relevant and proper in view of the record and issues before the court in any action for money damages.

History:

[I.C. sec. 10-111, as added by 1976, ch. 275, sec. 1, p. 949.]