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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
TRANSPARENT AND ETHICAL GOVERNMENT
CHAPTER 1
PUBLIC RECORDS ACT
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: