TITLE 9

EVIDENCE

CHAPTER 3

PUBLIC WRITINGS

9-315.  Proof of other official documents. Other official documents may be proved as follows:

1.  Acts of the executive of this state, by the records; and of the United States, by the records of the departments of the United States, certified by an officer or employee of those departments, showing that the document is a true and correct copy of the original held by that department. They may also be proved by public documents, printed by the order of the legislature or congress, or either house thereof.

2.  The proceedings of the legislature of this state, or of congress, by the journals of those bodies respectively, or either house thereof, or by published statutes or resolutions, or by copies certified by the clerk, or printed by their order.

3.  The acts of the executive, or the proceedings of the legislature, of another state or territory in the same manner.

4.  The acts of the executive, or the proceedings of the legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof, in some public act of the executive of the United States.

5.  Acts of a municipal corporation of this state, or of a board or department thereof, by a copy, certified by the legal keeper thereof, or by a printed book, published by the authority of such corporation.

6.  Documents of any other class in this state, by the original, or by a copy, certified by the legal keeper thereof.

7.  Documents of any other class from another state or territory, by the original, or by a copy, certified by the legal keeper thereof, in such a manner that the court is satisfied that the document is, in all likelihood, a copy of an official document from another state or territory.

8.  Documents of any other class in a foreign country, by the original, or by a copy, certified by the legal keeper thereof, with a certificate under seal, of the country or sovereign, that the document is a valid and subsisting document of such country, and that the copy is duly certified by the officer having the legal custody of the original.

9.  Documents in the departments of the United States government, by the certificate of the legal custodian thereof.

10.  The above requirements notwithstanding, if in the discretion of the court the document, or copy thereof, whichever is being submitted for admission into evidence, is an unaltered official document of any agency or department of the state of Idaho or of any other state, then such document may be admitted into evidence.

History:

[(9-315) C.C.P. 1881, sec. 914; R.S., R.C., & C.L., sec. 5977; C.S., sec. 7952; I.C.A., sec. 16-313; am. 1980, ch. 294, sec. 1, p. 765.]