Idaho Code
Idaho Code § 9-403 (2026)
Notice to produce writing — Proof upon failure to produce — When notice not necessary.
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Notice to produce writing — Proof upon failure to produce — When notice not necessary.
If the writing be in the custody of the adverse party, he must first have reasonable notice to produce it. If he then fail to do so, the contents of the writing may be proved as in case of its loss. But the notice to produce it is not necessary where the writing is itself a notice, or where it has been wrongfully obtained or withheld by the adverse party.
Notes of Decisions
Cited in 2
cases, 2013–2020 · leading case: Sadid v. Vailas, 943 F. Supp. 2d 1125 (D. Idaho 2013).
Sadid v. Vailas, 943 F. Supp. 2d 1125 (D. Idaho 2013). “Nevertheless, the Idaho Supreme Court has generally stated that the term "malice,” as used in Idaho Code § 9-403 refers to commission of a wrongful act, without justification, and with ill will.”
Denning v. Lincoln Cnty. Idaho, No. 1:18-cv-00473 (D. Idaho Jan. 21, 2020). “Nevertheless, the Idaho Supreme Court has generally stated that the term “malice,” as used in Idaho Code § 9-403 refers to commission of a wrongful act, without justification, and with ill will.”
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