Idaho § 74-125 EVIDENCE FROM PRELIMINARY HEARING — ADMISSION — REQUIREMENTS

Idaho Statutes

§ 74-125 — EVIDENCE FROM PRELIMINARY HEARING — ADMISSION — REQUIREMENTS

Idaho § 74-125

Title 74TRANSPARENT AND ETHICAL GOVERNMENT

Ch. 1PUBLIC RECORDS ACT

This text of Idaho § 74-125 (EVIDENCE FROM PRELIMINARY HEARING — ADMISSION — REQUIREMENTS) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 74-125 (2026).

Text

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.

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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.