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Idaho Rules of Evidence Rule 508. Secrets of State and Other Official Information; Governmental Privileges.

(a)  Federal. If the law of the United States creates a governmental privilege that the courts of this State must recognize under the Constitution of the United States, the privilege may be claimed as provided by the law of the United States. 

    

(b)  State. No other governmental privilege is recognized except as created by the Constitution or statutes of this State. 

 

(c)  Effect of sustaining claim. If a claim of governmental privilege is sustained and it appears that a party is thereby deprived of material evidence, the court shall make any further orders the interests of justice require, including striking the testimony of a witness, declaring a mistrial, finding upon an issue as to which the evidence is relevant, or dismissing the action. 

    

(Adopted January 8, 1985, effective July 1, 1985.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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