Idaho Code
Idaho Code

Idaho Code § 19-812 (2026)

Transcript of preliminary examination. 

✓ current as of May 2026
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Transcript of preliminary examination. 

In all cases which must afterward be investigated by the grand jury, or prosecuted by information, the preliminary examination must be taken and as ordered by the district court duly transcribed, unless the person charged with the offense shall waive his right to such examination, and the same can not be unreasonably delayed by either party.

A verbatim record of the proceedings and evidence at the preliminary examination before a magistrate shall be maintained either by electrical devices or by stenographic means as the magistrate may direct, but if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically. The requesting party shall pay the costs of reporting the proceedings.
The opening statements and closing argument of counsel for the parties need not be transcribed and made a part of the transcript unless the transcription of the same is requested in advance by either of such parties.
The transcript of the proceedings and evidence at the preliminary examination shall be certified to as true and correct by the stenographer or by the person designated to transcribe the proceedings from the electrical devices.
Notes of Decisions
Cited in 8 cases, 1952–1985 · leading case: State v. Ruddell, 546 P.2d 391 (Idaho 1976).
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State v. Ruddell, 546 P.2d 391 (Idaho 1976). · cites it 4× “I.C. § 19-812. Rule 5.1(d) I.C.R. does not otherwise modify the commands of the statute except to provide instruction as to how counsel for parties may obtain a copy of the record.”
State v. Rutten, 245 P.2d 778 (Idaho 1952). · cites it 4× “The pertinent part of Section 19-812, I. C. providing for authentication of testimony taken at preliminary examinations, reads thus: "The evidence must be authenticated as follows: "1.”
State v. Kay, 701 P.2d 281 (Idaho Ct. App. 1985). · cites it 4× “Concerning Kay's request for a preliminary hearing transcript, it has been well established that such a transcript, when alleged to be necessary to the defense, must be included among the services and facilities provided by the state to indigents under I.C. §§ 19-812, 19-852,…”
Johnson v. State, 376 P.2d 704 (Idaho 1962). · cites it 2× “He points to I.C. § 19-812 to the effect that the preliminary hearing cannot be unreasonably delayed.”
State v. Peterson, 391 P.2d 846 (Idaho 1964). · cites it 2× “I.C. § 19-812 requires that on a preliminary examination the testimony must be reduced to writing by the magistrate or under his direction or taken in shorthand by a stenographer and transcribed.”
State v. Coronado, 565 P.2d 1378 (Idaho 1977). · cites it 2× “I.C. § 19-812 provides: “19-812. Transcript of preliminary examination.”
Smith v. State, 491 P.2d 733 (Idaho 1971). “§ 19-812. 8 . The defendant may waive his rights without advice of counsel, provided the waiver is made voluntarily, knowingly, and intelligently.”
State v. Stewart, 392 P.2d 180 (Idaho 1964). · cites it 2× “He contended, (1) that the evidence introduced at the preliminary hearing failed to show probable cause for holding him to answer to a charge of first degree burglary and, (2) that the transcript of the preliminary hearing was not signed and certified by the committing…”
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