California, United States of America
The following excerpt is from People v. Huynh, D060327 (Cal. App. 2012):
A witness is considered "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).) "Reasonable diligence, often called 'due diligence' in case law, ' "connotes persevering application, untiring efforts in good earnest, efforts of a substantial character. (People v. Cogswell (2010) 48 Cal.4th 467, 477.)
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