TITLE 9

EVIDENCE

CHAPTER 18

UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

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.]