California, United States of America
The following excerpt is from People v. Saucedo, 33 Cal.App.4th 1230, 40 Cal.Rptr.2d 153 (Cal. App. 1995):
In People v. Linder (1971) 5 Cal.3d 342, 96 Cal.Rptr. 26, 486 P.2d 1226, one day before trial, the defendant gave a deputy sheriff a subpoena for his former wife. The deputy sheriff could not effect service. Defendant's attorney also attempted to have "a detective somebody" try to locate her, to no avail. (Id. at p. 346, 96 Cal.Rptr. 26, 486 P.2d 1226.) Defendant's attorney also telephoned relatives of the witness, also to no avail. The trial court excluded the former wife's preliminary hearing testimony because reasonable diligence had not been established. Linder disagreed and reversed the judgment.
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.