Idaho Code
Idaho Code § 19-3101 (2026)
Witnesses may be conditionally examined.
✓ current as of May 2026
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Witnesses may be conditionally examined.
When a defendant has been held to answer a charge for a public offense, he may, either before or after an indictment, have witnesses examined conditionally, on his behalf, as prescribed in this chapter, and not otherwise.
Notes of Decisions
Cited in 3
cases, 1971–1988 · leading case: State v. Elisondo, 757 P.2d 675 (Idaho 1988).
State v. Elisondo, 757 P.2d 675 (Idaho 1988). “A second possible source of public policy are the Idaho statutes, specifically I.C. §§ 19-3101 et seq. [3] Our decision in State v.”
State v. Mee, 632 P.2d 663 (Idaho 1981). “§§ 19-821, 824) allowing for preservation of testimony through deposition by the state if a witness' sureties appear insufficient.”
State v. Brown, 487 P.2d 946 (Idaho 1971). “No application appears in the record for conditional examination of such a witness under the authority of I.C. §§ 19-3101, 3 3102. 4 The record *356 is devoid of any showing that the state was responsible in any way for the early departure of this witness.”
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