Idaho State Statutes - Idaho Attorney Directory

When a material witness for a
defendant, under a criminal charge, is a prisoner in the state prison, or in
the county jail of a county other than that in which the defendant is to be
tried, his deposition may be taken on behalf of the defendant, in the same
manner provided in the case of a witness who is sick, and the provisions of
this chapter, so far as applicable, govern in the application for, and in the
taking and use of, such deposition. Such deposition may be taken before any
magistrate or notary public of the county in which the jail or prison is
situated. Every officer before whom testimony is taken by virtue hereof shall
have authority to administer, and must administer, an oath to the witness that
his testimony shall be the truth, the whole truth, and nothing but the truth.

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