Evidence From Preliminary Hearing — Admission — Requirements

TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 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.