California, United States of America
The following excerpt is from People v. Clinton, B267193 (Cal. App. 2016):
testimony could be obtained within a reasonable time, and that the facts to which the witness would testify could not otherwise be proven.' [Citation.] The court considers ' "not only the benefit which the moving party anticipates but also the likelihood that such benefit will result, the burden on other witnesses, jurors and the court and, above all, whether substantial justice will be accomplished or defeated by a granting of the motion." ' " (People v. Jenkins (2000) 22 Cal.4th 900, 1037 (Jenkins).)
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