2014 Idaho Statutes
Title 9 - EVIDENCE
Chapter 3 - PUBLIC WRITINGS
Section 9-336 - EVIDENCE FROM PRELIMINARY HEARING -- ADMISSION -- REQUIREMENTS.


ID Code § 9-336 (2014) What's This?

9-336. 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:

[9-336, added 1989, ch. 51, sec. 2, p. 64.]

Disclaimer: These codes may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.