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.
Notes of Decisions
Robertson v. Richards, 769 P.2d 505 (Idaho 1989).
· cites it 142× “Bjornson, for $5,000,000, and its re-emphasis by defense counsel and the court during closing argument, resulted in a violation of Idaho Code § 10-111 and incurable prejudice.”
Quick v. Crane, 727 P.2d 1187 (Idaho 1986).
· cites it 12× “Whether comments by counsel for Crane during closing argument violated I.C. § 10-111. The issue raised in Crane's cross-appeal is: Whether the trial court erred in its method of crediting certain amounts Crane received in settlements against his total verdict.”
Leliefeld v. Johnson, 659 P.2d 111 (Idaho 1983).
· cites it 4× “Carnline and Panoramic also argue that references to a dollar value of the general damages claimed by Leliefeld during his counsel’s closing argument were contrary to I.C. § 10-111 12 and constitute error. No objections were made at the time that these references occurred;…”
Yacht Club Sales & Serv., Inc. v. First Nat'l Bank, 623 P.2d 464 (Idaho 1980).
· cites it 4× “Finally, appellant urges this court to grant a new trial on the ground that counsel for respondent violated I.C. § 10-111. That statute forbids the amount of general damages sued for to be disclosed to the jury.”
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