CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Unavailability Examples
.........Infirmity
............Physical Illness
3 Cards On This Topic:
  • Statutory definition of unavailability includes physical illness or infirmity of witness.
  • Witness who would not be able to testify for at least 8 weeks due to medical condition was "unavailable."
  • Caselist: Cases discussing physical illness as example of unavailability