Idaho State Statutes - Idaho Attorney Directory

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.

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