What is the burden of proving that a defendant has lost a witness in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gonzalez-Sandoval, 894 F.2d 1043 (9th Cir. 1990):
The defendant's burden is a heavy one: "the proof must be definite and not speculative, and the defendant must demonstrate how the loss of a witness and/or evidence is prejudicial to his case." Id. at 782; United States v. Mays, 549 F.2d 670, 677 (9th Cir.1977). The weight of this burden reflects the conviction that "statutes of limitation [and not the fifth amendment
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