Does the prosecution have reasonable diligence to locate a missing witness?
California, United States of America
The following excerpt is from People v. Knox, B237213 (Cal. App. 2014):
Whether a party exercised reasonable diligence to locate a missing witness is a mixed question of law and fact. (People v. Cromer, supra, 24 Cal.4th at pp. 894, 901.) We defer to the trial court's determination of the historical facts of what the prosecution did to locate an absent witness, but independently review whether those efforts amount to reasonable diligence sufficient to sustain a finding of unavailability. (Id. at pp. 900-901.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"? (California, United States of America)
Is there any case law where a jury has concluded that a witness has a reasonable chance of proving that the witness is a reasonable witness? (California, United States of America)
In what circumstances have the courts found the prosecution failed to exercise reasonable diligence in subpoenaing a witness at a preliminary hearing? (California, United States of America)
What is the test for determining that the prosecution's efforts to locate an absent witness were reasonable? (California, United States of America)
Can the prosecution's efforts to locate an absent witness be reasonable? (California, United States of America)
Does the defense meet the reasonable diligence and reasonable diligence requirements of a jury in a civil case? (California, United States of America)
If an attorney does not do a proper due diligence to locate a witness at the last known address of the witness before trial, what are the consequences of the attorney's actions? (California, United States of America)
Does the failure to locate a witness during a search for witnesses constitute lack of diligence? (California, United States of America)
What is the test for determining whether it has been satisfactorily shown that the prosecuting witness can not with reasonable diligence be found within the state? (California, United States of America)
What is the test for establishing that a prosecution has established due diligence to locate an absent witness? (California, United States of America)
