Idaho Code
Idaho Code § 19-811 (2026)
Exclusion of other persons.
✓ current as of May 2026
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Exclusion of other persons.
The magistrate must also, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the prosecuting attorney of the county, the defendant and his counsel, and the officer having the defendant in custody.
Notes of Decisions
Cited in 3
cases, 1957–1990 · leading case: Cowles Publ'g Co. v. Magistrate Court of the First Jud. Dist., 800 P.2d 640 (Idaho 1990).
Cowles Publ'g Co. v. Magistrate Court of the First Jud. Dist., 800 P.2d 640 (Idaho 1990). “Idaho Code § 19-811 is based upon the New York Field Code of Criminal Procedure which was published in 1850, see Press Enter.”
Gannett Co. v. DePasquale, 443 U.S. 368 (1979). “§ 868 (West 1970); Idaho Code § 19-811 (1979); Iowa Code § 761.”
State v. McKenna, 309 P.2d 206 (Idaho 1957). “IV is that the court erred in refusing to grant appellant’s motion to quash and set aside the information on the ground that no proper preliminary examination had been had as the record shows the magistrate refused to grant appellant’s motion for the exclusion of all persons…”
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