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

Due diligence defined: depends on facts of each case. Standard for criminal D.

Disparity in resources between DA and D must be considered in deciding if due diligence used by D in attempting to locate witnesses.

Due diligence established by limited defense efforts to locate witnesses.