Idaho Statutes

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

Idaho·Title 74 TRANSPARENT AND ETHICAL GOVERNMENT·Ch. 1 PUBLIC RECORDS ACT

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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Related

State v. Jorge A. Lopez-Orozco
360 P.3d 1056 (Idaho Supreme Court, 2015)
19 case citations

Legislative History

[74-125, added 2015, ch. 140, sec. 5, p. 368.]

Nearby Sections

15
§ 74-101
DEFINITIONS
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