There is a newer version of the Idaho Code and Statutes
2016 Idaho Statutes
Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT
Chapter 1 - PUBLIC RECORDS ACT
Section 74-125 - EVIDENCE FROM PRELIMINARY HEARING -- ADMISSION -- REQUIREMENTS.
ID Code § 74-125 (2016) What's This?
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.]
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.
