9-336 EVIDENCE FROM PRELIMINARY HEARING -- ADMISSION -- REQUIREMENTS. - Idaho Statutes

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.