9-403. 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.
History:
[(9-403) C.C.P. 1881, sec. 924; R.S., R.C., & C.L., sec. 5991; C.S., sec. 7962; I.C.A., sec. 16-403.]
Structure Idaho Code
Section 9-401 - PUBLIC AND PRIVATE SEALS.
Section 9-404 - WRITING NEED NOT BE INTRODUCED.
Section 9-405 - PROOF OF WRITINGS.
Section 9-406 - DENIAL BY SUBSCRIBING WITNESS — PROOF BY OTHER EVIDENCE.
Section 9-407 - EVIDENCE OF ADMISSION OF EXECUTION.
Section 9-408 - ENTRIES MADE BY DECEDENT — WHEN ADMISSIBLE.
Section 9-409 - ACKNOWLEDGMENT OF PRIVATE WRITINGS.
Section 9-410 - INSTRUMENTS AFFECTING REALTY — CERTIFIED COPIES OF RECORD — ADMISSIBILITY.
Section 9-411 - SECONDARY EVIDENCE OF WRITINGS — WHEN ADMISSIBLE.
Section 9-413 - BUSINESS RECORDS AS EVIDENCE ACT — TERM DEFINED.
Section 9-414 - BUSINESS RECORDS — WHEN COMPETENT EVIDENCE.
Section 9-415 - BUSINESS RECORDS — UNIFORMITY OF INTERPRETATION OF ACT.
Section 9-416 - BUSINESS RECORDS — SHORT TITLE OF ACT.
Section 9-417 - ADMISSIBILITY OF REPRODUCED RECORDS IN EVIDENCE.