CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Procedural Aspects of Exceptions
.........Burden of Proving Unavailability
............Standard of Review
5 Cards On This Topic:
  • Abuse of discretion is standard of appellate review on question of whether "unavailability" has been proven.
  • Standard of review: Abuse of discretion.
  • Standard of review: abuse of discretion.
  • Trial court has discretion in declaring witness unavailable on basis of physical and/or mental infirmity.
  • Standard of appellate review on whether "unavailability" has been proven.