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

Terms Used In Idaho Code 74-125

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.