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.]
Structure Idaho Code
Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT
Chapter 1 - PUBLIC RECORDS ACT
Section 74-102 - PUBLIC RECORDS — RIGHT TO EXAMINE.
Section 74-103 - REQUEST AND RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS.
Section 74-111 - EXEMPTION FROM DISCLOSURE — RECORDS RELATED TO THE UNIFORM SECURITIES ACT.
Section 74-112 - EXEMPT AND NONEXEMPT PUBLIC RECORDS TO BE SEPARATED.
Section 74-113 - ACCESS TO RECORDS ABOUT A PERSON BY A PERSON.
Section 74-116 - ORDER OF THE COURT — COURT COSTS AND ATTORNEY FEES.
Section 74-117 - ADDITIONAL PENALTY.
Section 74-119 - AGENCY GUIDELINES.
Section 74-120 - PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER LISTS — PENALTY.
Section 74-121 - REPLEVIN — PUBLIC RECORDS — IMPROPER OR UNLAWFUL TRANSFER OR REMOVAL.
Section 74-122 - CONFIDENTIALITY LANGUAGE REQUIRED IN THIS CHAPTER.
Section 74-123 - IDAHO CODE IS PROPERTY OF THE STATE OF IDAHO.
Section 74-124 - EXEMPTIONS FROM DISCLOSURE — CONFIDENTIALITY.
Section 74-125 - EVIDENCE FROM PRELIMINARY HEARING — ADMISSION — REQUIREMENTS.