CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Unavailability Defined: Due Diligence
.........Due Diligence Required
8 Cards On This Topic:

In allowing prelim. hearing testimony of V's boyfriend, then in Japan, court did not err in finding DA had exercised due diligence to obtain his presence at trial.

Appellate courts to independently review trial court's determination that DA's failed efforts to locate absent W are sufficient to justify exception to D's right of confrontation at trial.

Standard for determining whether "due diligence" has been used to procure attendance of witness.

Due diligence in criminal cases; basic showing required of DA.

Due diligence not established due to DA's inaction in serving bench warrant or attempting to locate W; due diligence defined.

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

Due diligence defined; depends on facts of each case.

Appellate standard to review finding of due diligence and admission of prior testimony: abuse of discretion.