2014 Idaho Statutes
Title 9 - EVIDENCE
Chapter 2 - WITNESSES
Section 9-203 - CONFIDENTIAL RELATIONS AND COMMUNICATIONS.
1. A husband cannot be examined for or against his wife, without her consent, nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other nor to a criminal action or proceeding for a crime committed by violence of one against the person of the other, nor does this exception apply to any case of physical injury to a child where the injury has been caused as a result of physical abuse or neglect by one or both of the parents, nor does this exception apply to any case of lewd and lascivious conduct or attempted lewd and lascivious conduct where either party would otherwise be protected by this privilege.
2. An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment. The word client used herein shall be deemed to include a person, a corporation or an association.
3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
4. A physician or surgeon cannot, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient which was necessary to enable him to prescribe or act for the patient, provided, however, that:
5. A public officer cannot be examined as to communications made to him in official confidence, when the public interests would suffer by disclosure.
6. Any certificated counselor, psychologist or psychological examiner, duly appointed, regularly employed and designated in such capacity by any public or private school in this state for the purpose of counseling students, shall be immune from disclosing, without the consent of the student, any communication made by any student so counseled or examined in any civil or criminal action to which such student is a party. Such matters so communicated shall be privileged and protected against disclosure.
7. Any parent, guardian or legal custodian shall not be forced to disclose any communication made by their minor child or ward to them concerning matters in any civil or criminal action to which such child or ward is a party. Such matters so communicated shall be privileged and protected against disclosure; excepting, this section does not apply to a civil action or proceeding by one against the other nor to a criminal action or proceeding for a crime committed by violence of one against the person of the other, nor does this section apply to any case of physical injury to a minor child where the injury has been caused as a result of physical abuse or neglect by one or both of the parents, guardian or legal custodian.
History:
[(9-203) C.C.P. 1881, sec. 899; R.S., R.C., & C.L., sec. 5958; C.S., sec. 7937; I.C.A., sec. 16-203; am. 1963, ch. 104, sec. 1, p. 324; am. 1963, ch. 122, sec. 1, p. 351; am. 1967, ch. 121, sec. 1, p. 265; am. 1971, ch. 36, sec. 1, p. 81; am. 1972, ch. 29, sec. 1, p. 42; am. 1979, ch. 151, sec. 1, p. 465; am. 1996, ch. 302, sec. 1, p. 994.]
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