CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Procedural Aspects of Exceptions
.........Manner of Proving Unavailability
............Medical Experts: Need for
6 Cards On This Topic:

Expert testimony that witness suffering from sufficient trauma caused by crime may establish unavailability.

Lack of medical testimony re impossibility of appearance constitutes insufficient showing to establish unavailability.

As expert testimony supported finding that sexually abused minor victim would suffer substantial trauma if made to testify in 2d trial, court properly found him "unavailable" under EC §240(a)(3).

Trial court properly found sexual molestation V unavailable as a witness because of post traumatic stress disorder and allowed prelim. hearing testimony read to jury.

Lack of victim or medical testimony re infirmity constitutes insufficient showing to establish unavailability.

Failure to present medical evidence of condition of infirm witness justified trial court's refusal to admit deposition.