California, United States of America
The following excerpt is from People v. Walton, 42 Cal.App.4th 1004, 49 Cal.Rptr.2d 917 (Cal. App. 1996):
We recently considered the review standard for reasonable diligence and after analyzing all the applicable authorities concluded the appropriate standard was abuse of discretion. (People v. Saucedo (1995) 33 Cal.App.4th 1230, 1234-1236, 40 Cal.Rptr.2d 153.) We still believe so.
[42 Cal.App.4th 1011] "Whether due diligence has been shown is a factual question to be determined according to the circumstances of each case. Unless there has been an abuse of discretion, the ruling of the trial judge will not be disturbed." (People v. Enriquez (1977) 19 Cal.3d 221, 235, 137 Cal.Rptr. 171, 561 P.2d 261. Internal quotation marks omitted.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.