California, United States of America
The following excerpt is from People v. Knox, B237213 (Cal. App. 2014):
Although the term " 'due diligence' " is " 'incapable of a mechanical definition' " (People v. Cromer, supra, 27 Cal.4th at p. 904), it " ' "connotes persevering application, untiring efforts in good earnest, efforts of a substantial character" ' " (People v. Valencia, supra, 43 Cal.4th at p. 292). Whether due diligence is shown depends upon the totality of efforts used to locate the witness, including the character of the prosecution's efforts; whether the search was timely begun; the importance of the witness's testimony; whether leads were competently explored; whether the proponent of the evidence reasonably believed prior to trial that the witness would appear willingly and therefore did not subpoena the witness when he or she was available; and whether the witness would have
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