Does a good faith effort to obtain a witness subpoena before trial need to be undertaken prior to trial?
MultiRegion, United States of America
The following excerpt is from Regalado v. Tampkins, CASE NO. 1:14-CV-1612 SMS (E.D. Cal. 2015):
3. The good faith effort to obtain a witness' presence at trial must be undertaken prior to trial. Ohio v. Roberts, 448 U.S. 56, 74 (1980). A certain amount of time prior to trial is not required by clearly established federal law. Here, a subpoena was issued a month before trial, and further diligence was conducted the day of the scheduled trial date, but still prior to trial.
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