9-1806. FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD. If the presiding officer determines that a standard under section 9-1805, Idaho Code, has been met, the presiding officer shall determine whether to allow the presentation of the testimony of a child witness by an alternative method and in doing so shall consider:
(1) Alternative methods reasonably available;
(2) Available means for protecting the interests of or reducing emotional trauma to the child without resort to an alternative method;
(3) The nature of the case;
(4) The relative rights of the parties;
(5) The importance of the proposed testimony of the child;
(6) The nature and degree of emotional trauma that the child may suffer if an alternative method is not used; and
(7) Any other relevant factor.
History:
[9-1806, added 2003, ch. 152, sec. 2, p. 439.]
Structure Idaho Code
Chapter 18 - UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT
Section 9-1803 - APPLICABILITY.
Section 9-1804 - HEARING WHETHER TO ALLOW TESTIMONY BY ALTERNATIVE METHOD.
Section 9-1806 - FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD.
Section 9-1807 - ORDER REGARDING TESTIMONY BY ALTERNATIVE METHOD.