Idaho Code
Idaho Code § 1-1103 (2026)
Recording of testimony — Waiver.
✓ current as of May 2026
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Recording of testimony — Waiver.
The said reporter shall correctly report all oral proceedings had in said court and the testimony taken in all cases tried before said court, except the supreme court, by rule, may designate proceedings and testimony in said court that may be recorded by an electronic device in lieu of stenographic means. The parties may, with the consent of the judge, waive the recording by such reporter of any part of the proceedings or testimony.
Notes of Decisions
Cited in 17
cases, 1967–2015 · leading case: Stuart v. State, 801 P.2d 1216 (Idaho 1990).
Stuart v. State, 801 P.2d 1216 (Idaho 1990). “" Nowhere in the record is there found any suggestion that the prosecutor and defense counsel both waived the statutory requirement, I.C. § 1-1103, that the reporter is required to take down all proceedings in a criminal case.”
State v. Wright, 542 P.2d 63 (Idaho 1975). “00 in paper money in the same denominations as that taken from the store. Appellant contends that the failure of the district court to require the court reporter to record closing arguments of counsel was error and contrary to the requirement of I.”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). “” I.C. § 1-1103. For death penalty cases, the transcript on appeal “shall include all hearings and proceedings held in the trial court of every nature and description.”
Martinez v. State, 438 P.2d 893 (Idaho 1968). “The judgment of conviction and commitment to the penitentiary as well as court minutes were admitted in evidence, but no transcript of the arraignment proceeding was available to the Ada County District Court because the court reporter was not present to make a record of the…”
Goodwin v. State, 61 P.3d 626 (Idaho Ct. App. 2002). “Idaho Code Section 1-1103 provides: The [court] reporter shall correctly report all oral proceedings had in said court and the testimony taken in all cases tried before said court, but the parties may, with the consent of the judge, waive the recording by such reporter of any…”
Gonzales v. State, 819 P.2d 1159 (Idaho Ct. App. 1991). “Gonzales argues that the above requirements are not restricted to the English portion of a court’s oral proceedings, but to every portion, including the Spanish conversations between the defendant and the interpreter.”
Ebersole v. State, 428 P.2d 947 (Idaho 1967). “I.C. § 1-1103 provides: "The said reporter shall correctly report all oral proceedings had in said court and the testimony taken in all cases tried before said court, but the parties may, with the consent of the judge, waive the recording by such reporter of any part of the…”
State v. Goodrich, 546 P.2d 1180 (Idaho 1976). “Such objections shall state distinctly the matter to which he objects and the grounds of his objections, which objections shall be made a part of the record.”
State v. Lovelace, 90 P.3d 278 (Idaho 2003). “I.C. § 1-1103 provides that the reporter “shall correctly report all oral proceedings had in said court____” Any failure to record the telephone conferences and pretrial conferences between counsel and the court, as reflected on billing statements and cited by Lovelace, do not…”
State v. Youngblood, 786 P.2d 551 (Idaho 1990). “Youngblood argues that the voir dire proceedings were not recorded as is required by I.C. § 1-1103 and that it therefore should be presumed that the jury was prejudiced against him.”
Annau v. Schutte, 535 P.2d 1095 (Idaho 1975). “§ 1-1103 provides: “The said reporter shall correctly report all oral proceedings had in said court and the testimony taken in all cases tried before said court, but the parties may, with the consent of the *709 judge, waive the recording by such reporter of any part of the…”
State v. Bolling, 246 S.E.2d 631 (W. Va. 1978). “20, § 108 (West)] 8 Idaho Code § 1-1103 : “The said reporter shall correctly report all oral proceedings had in said court and the testimony taken in all cases tried before said court, but the parties may, with the consent of the judge, waive the recording by such reporter of…”
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