California, United States of America
The following excerpt is from People v. Cortez, B245332 (Cal. App. 2014):
"'[D]ue diligence' is 'incapable of a mechanical definition,' but it 'connotes persevering application, untiring efforts in good earnest, efforts of a substantial character.' [Citations.] Relevant considerations include '"whether the search was timely begun"' [citation], the importance of the witness's testimony [citation], and whether leads were competently explored [citation]." (People v. Cromer (2001) 24 Cal.4th 889, 904 (Cromer).)
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