Does the failure to locate a witness during a search for witnesses constitute lack of diligence?
California, United States of America
The following excerpt is from People v. Aguilar, B231391 (Cal. App. 2012):
undertaken to locate a witness, the fact that "'additional efforts might have been made or other lines of inquiry pursued'" does not indicate lack of diligence because "'[t]he law requires only reasonable efforts, not prescient perfection.'" (People v. Diaz (2002) 95 Cal.App.4th 695, 706.)
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