The federal rules of evidence do not apply to preliminary examinations in criminal cases.{footnote} [3320]  FRE 101, 1101(d)(3).{/footnote}

Hearsay Presented at Hearing

The right to confront and cross-examine witnesses does not apply to preliminary hearings.{footnote}State v. Conner, 453 N.W.2d 617 (S.D. 1990).{/footnote}

Admissibility of Testimony at Trial

Testimony given at a preliminary hearing by a witness who subsequently becomes unavailabe has been held admissible at trial where the party against whom the testimony is offered had both an adequate oportunity to effectively cross-examine the witness and a similar motive to develope the witness’s testimony.{footnote} [3322]People v. Rice, 651 N.E.2d 1083 (1995).{/footnote}
Testimony given at a preliminary hearing by a witness who subsequently becomes unavailabe has been held admissible at trial even though the defendant chose not to cross-examine the witness at the preliminary hearing.{footnote} [3323]Glenn v. Dallman, 635 F.2d 1183, 1186-87 (6th Cir. 1980)(eyewitness identification).
            CHECK State v. Mee, 632 P.2d 663, 675 (Idaho 1981).{/footnote}  See also TESTIMONY–Former Testimony Exception.

Related Articles

INFORMANTS–Preliminary Hearings.

PRELIMINARY QUESTIONS OF FACT

See also ADMISSIBILITY; HEARSAY–Burden of Establishing Admissibility
CONFESSIONS–Burden.

Once evidence has been authenticated,
[The majority rule is that the proponent has the burden of establishing any necessary facts bearing on admissibility by a preponderance of the evidence.]{footnote}Huddleston v. United States, 108 S.Ct. 1496 (1988)("other act" evidence); Bourjaily v. United States, 107 S.Ct. 2775 (1987)(coconspirator statements);  United States v. Petrozziello, 548 F.2d 20 (1st Cir. 1977); United States v. Stanchich, 550 F.2d 1294, 1297-99[ and n.4] (2d Cir. 1977); United States v. Trowery, 542 F.2d 623, 626-27 (3d Cir. 1976); United States v. Stroupe, 538 F.2d 1063, 1065 (4th Cir. 1976); United States v. Santiago, 582 F. 2d 1128, 1131-35 (7th Cir. 1978); United States v. Bell, 573 F.2d 1040, 1043-44 (8th Cir. 1978); City of Long Beach v. Standard Oil Co. of California, 46 F.3d 929 (9th Cir. 1995);  See HEARSAY–Burden of Establishing Admissibility; ADMISSIONS–As Hearsay: Coconspirator Statements; EXPERTS–Qualifying; BEST EVIDENCE; CONFESSIONS–Voluntariness.  Cf. FRE 104(a).
State v. Garner, 806 P.2d 366, 370 (Colo. 1991).
Check Lego v. Twomey, 404 U.S. 477, 92 S.Ct. 619, 30 L.E.2d 618{/footnote}  See also COMPETENCY–Procedure; CONVICTIONS–Impeachment: Burden of Establishing Admissiblity.