2005 Idaho Code - 9-336 — EVIDENCE FROM PRELIMINARY HEARING -- ADMISSION -- REQUIREMENTS

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 3
                               PUBLIC WRITINGS
    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.