TITLE 74

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:

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