CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Unavailability Defined: Due Diligence
.........Due Diligence Not Shown
11 Cards On This Topic:

Dist. court properly excluded absent coconspirator's prior testimony in D's retrial where govt did not establish the witness was unavailable under FRE 804(a).

D failed to carry burden of due diligence in procuring attendance, witness not unavailable within meaning of former testimony hearsay exception.

Mere subpoena service on unreliable witness not due diligence; DA has duty to use reasonable means to prevent witness' absence.

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

DA did not exercise due diligence by waiting until morning of retrial to try to locate and serve former trial witness with subpoena; reversible error to use her former testimony.

No abuse of discretion in ruling investigator's efforts to locate W fell short of reasonable diligence, and in excluding prelim hearing testimony.

To establish unavailability of crucial witness, Mexican citizen currently residing in Mexico, DA show s/he made reasonable, good-faith effort to obtain attendance of witness at trial.

Use of former testimony requires witness unavailability established by reasonably diligent search in places where witness likely to be found.

Stale efforts to locate declarant insufficient; it is contemplated that efforts to locate be "persevering and untiring."

Due diligence to procure witness - insufficient.

Due diligence to procure attendance of witness - insufficient.