Reliable Hearsay in Criminal Preliminary Examinations Rule 1102.
Reliable hearsay is admissible at criminal preliminary examinations.
The defense establishes that it would be so substantially and unfairly disadvantaged by the use of the hearsay evidence as to outweigh the interests of the declarant and the efficient administration of justice. Where the defendant is otherwise entitled to a preliminary examination, the function of that examination is limited to determining whether probable cause exists unless otherwise provided by statute. Nothing in this constitution shall preclude the use of reliable hearsay evidence as defined by statute or rule in whole or in part at any preliminary examination to determine probable cause or at any pretrial proceeding with respect to release of the defendant if appropriate discovery is allowed as defined by statute or rule. Discovery is allowed under Rule 16, Utah Rules of Criminal Procedure, as well as by case law and other statutes. For example, proving the chain of custody for controlled substances may be accomplished under this section without calling the witnesses in the chain.