EVIDENCE FROM PRELIMINARY HEARING -- ADMISSION -- REQUIREMENTS

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.