CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Procedural Aspects of Exceptions
.........Burden of Proving Unavailability
............DA's Burden to Show Unavailability
6 Cards On This Topic:

Witness not unavailable unless DA makes good faith effort to compel presence at trial. Admission of prior testimony constitutional error.

Deported W's prelim. hearing testimony properly admitted at trial where DA's showing of unavailability satisfied constitutional and state law requirements.

Burden of proof to establish unavailability for use of prior testimony is on proponent of evidence; due diligence defined.

Failure to use Uniform Act to Secure Attendance of Witnesses, despite other diligent efforts, compels reversal when former testimony admitted.

DA's burden of proving declarant unavailable for purposes of introducing prior statements at trial.

DA need only make reasonable efforts to locate witness.