Idaho Code § 74-125
This is the official text of Idaho Code § 74-125, part of Idaho’s Code — part of the compiled statutory law of Idaho, published by the state as "Code." Browse the sections below, each linked to its official government source.
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74-125 EVIDENCE FROM PRELIMINARY HEARING — ADMISSION — REQUIREMENTS.
Official statutory text
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.
History:
[74-125, added 2015, ch. 140, sec. 5, p. 368.]
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.
History:
[74-125, added 2015, ch. 140, sec. 5, p. 368.]
Status: in_force · Read it on the official government site
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