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Idaho Code § 74-125

Evidence from preliminary hearing — Admission — Requirements

I.C., § 74-125, as added by 2015, ch. 140, § 5, p. 344.

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.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.