Idaho Code § 74-125

Current through the 2024 Regular Session
Section 74-125 - EVIDENCE FROM PRELIMINARY HEARING - ADMISSION - REQUIREMENTS

Prior to admitting into evidence recorded testimony from a preliminary hearing, the court must find that the testimony offered is:

1. Offered as evidence of a material fact and that the testimony is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
2. That the witness is, after diligent and good faith attempts to locate, unavailable for the hearing; and
3. That at the preliminary hearing, the party against whom the admission of the testimony is sought had an adequate opportunity to prepare and cross-examine the proffered testimony.

Idaho Code § 74-125

[74-125, added 2015, ch. 140, sec. 5, p. 368.]
Added by 2015 Session Laws, ch. 140,sec. 5, eff. 7/1/2015.