Is a witness unavailable to give evidence at a mental health evaluation?

testimony was given and had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which he has at the hearing.' A witness is unavailable if '[a]bsent from the hearing and the proponent of his or her statement has exercised reasonable diligence but has been unable to procure his or her attendance by the court's process.' ([Evid. Code,] 240, subd. (a)(5).) Although section 240 refers to 'reasonable diligence,' this court has often described the evaluation as one involving 'due diligence.' " [Citation.]' (People v. Bunyard (2009) 45 Cal.4th 836, 848-849.)