Idaho Code
Idaho Code § 19-824 (2026)
Conditional examination.
✓ current as of May 2026
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Conditional examination.
When, however, it satisfactorily appears by examination on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such examination must be by question and answer in the presence of the defendant, or after notice to him, if on bail, and conducted in the same manner as the examination before a committing magistrate is required by this chapter to be conducted, and the witness thereupon be discharged; but this section does not apply to an accomplice in the commission of the offense charged.
Notes of Decisions
Cited in 2
cases, 1988–2011 · leading case: State v. Elisondo, 757 P.2d 675 (Idaho 1988).
State v. Elisondo, 757 P.2d 675 (Idaho 1988). “All of the statutory provisions related in the Zarlenga opinion have been part and parcel of the criminal practice act since 1984 without amendment, and the Zarlenga case in synopsis form has been an annotation to what is now I.C. § 19-824 ever since the criminal code was…”
In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa, 805 N.W.2d 145 (Iowa 2011). “1, 2011) (if witness unable to give security, conditional examination shall occur within three days of order and witness discharged upon completion); Idaho Code Ann. § 19-824 (West, Westlaw through 2011, ch.”
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