Idaho Code
Idaho Code § 72-709 (2026)
Attendance of witnesses — Production of documents — Deposition — Witness fees.
✓ current as of May 2026
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Attendance of witnesses — Production of documents — Deposition — Witness fees.
(1) The commission or any member thereof or any hearing officer, examiner or referee appointed by the commission shall have the power to subpoena witnesses, administer oaths, take testimony, issue subpoenas duces tecum, and to examine such of the books and records of the parties to a proceeding as relates to the questions in dispute.
(2) The district court shall have the power to enforce by proper proceedings the attendance and testimony of witnesses, and the production and examination of books, papers and records.
(3) The testimony of any witness for use as evidence in any proceeding may be taken by deposition or interrogatories.
(4) No person shall be required to attend as a witness in any such proceeding unless his lawful mileage and witness fee for one (1) day’s attendance shall first be paid or tendered to him.
Notes of Decisions
Cited in 4
cases, 1975–1990 · leading case: Hagler v. Micron Tech., Inc., 798 P.2d 55 (Idaho 1990).
Hagler v. Micron Tech., Inc., 798 P.2d 55 (Idaho 1990). “Among these powers are those delineated in I.C. § 72-709(1) and I.C. § 72-714(3) (emphasis added): 72-709(1) The commission or any member thereof or any hearing officer, examiner or referee appointed by the commission shall have the power to subpoena witnesses, administer oaths,…”
Thom v. Callahan, 540 P.2d 1330 (Idaho 1975). “I.C. § 72-709: “Attendance of witnesses— Production of documents — Deposition—Wit ness fees.”
Wilder v. Redd, 721 P.2d 1240 (Idaho 1986). “Under the holding in Foust, Redd was acting within the course of his employment, and therefore he is entitled to co-employee immunity pursuant to I.C. § 72-709. Accordingly, the district court's application of the "course of employment" standard to determine whether an employee…”
Monroe v. Chapman, 668 P.2d 1000 (Idaho 1983). “This section as amended is found in I.C. § 72-709.”
— Idaho Code § 72-709(1) — 1 case
Hagler v. Micron Tech., Inc., 798 P.2d 55 (Idaho 1990). “Among these powers are those delineated in I.C. § 72-709(1) and I.C. § 72-714(3) (emphasis added): 72-709(1) The commission or any member thereof or any hearing officer, examiner or referee appointed by the commission shall have the power to subpoena witnesses, administer oaths,…”
— Idaho Code § 72-709(3) — 1 case
Thom v. Callahan, 540 P.2d 1330 (Idaho 1975). “I.C. § 72-709: “Attendance of witnesses— Production of documents — Deposition—Wit ness fees.”
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