What constitutes reasonable diligence or "due diligence" under California Evidence Code section 240?

California, United States of America


The following excerpt is from People v. Wilson, 114 P.3d 758, 30 Cal.Rptr.3d 513, 36 Cal.4th 309 (Cal. 2005):

The term "reasonable diligence" or "due diligence" under Evidence Code section 240, subdivision (a)(5) "connotes persevering application, untiring efforts in good earnest, efforts of a substantial character. [Citations.]" (People v. Cromer, supra, 24 Cal.4th at p. 904, 103 Cal.Rptr.2d 23, 15 P.3d 243; id. at p. 898, 103 Cal.Rptr.2d 23, 15 P.3d 243 [reasonable diligence same as due diligence].) Considerations relevant to this inquiry include the timeliness of the search, the importance of the proffered testimony, and whether leads of the witness's possible location were competently explored. (Id. at p. 904, 103 Cal.Rptr.2d 23, 15 P.3d 243.) We independently review a trial court's due diligence determination. (Id. at p. 901, 103 Cal.Rptr.2d 23, 15 P.3d 243.)

Other Questions


Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
When will a court not abuse its discretion in admitting evidence under Evidence Code section 352 of the California Evidence Code? (California, United States of America)
Does admitting evidence pursuant to California Evidence Code section 1237 impermissibly deny defendants their constitutional rights to confrontation and cross-examination? (California, United States of America)
What is the effect of section 356 of the California Evidence Code on the interpretation of the meaning of section 46(1) of the word "admissible in evidence"? (California, United States of America)
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Is a defendant's reliance on evidence code section 730 of the Evidence Code Section 730 a violation of his constitutional right to access a mental health expert? (California, United States of America)
What is the effect of section 702 of California Evidence Code section 702 (a) of the Evidence Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.