What is the test for having a witness available to testify at trial?
MultiRegion, United States of America
The following excerpt is from Christian v. Rhode, 41 F.3d 461 (9th Cir. 1994):
"A witness is not 'unavailable' [to testify at trial] unless the prosecutor makes a good faith effort to obtain the witness's presence." United States v. Winn, 767 F.2d 527, 530 (9th Cir.1985). The lengths to which a prosecutor must go to establish good faith is a question of reasonableness. Id.
"The most advanced legal research software ever built."
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.
Other Questions
Does the fact that a witness testified untruthfully at a previous trial constitute a finding that he is testifying perjuriously at trial? (MultiRegion, United States of America)
Is there any case law where a trial judge or jury was ordered to delay or otherwise delay the trial of a witness due to the absence of the witness? ("New York", United States of America)
Does a comment made by a federal court during trial during trial support a government witness's credibility? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
Would it have changed the outcome of a jury trial if the witness had been called to testify at the same time? (MultiRegion, United States of America)
Is there any evidence to support a finding that a continuance of a trial would have been inconvenience to the trial of a bank witness? (MultiRegion, United States of America)
What is the test for determining whether a witness who testified for the government is an "interested party" in a trial? (MultiRegion, United States of America)
What is the test for a motion for a new trial where newly discovered evidence indicates perjury by a prosecution witness at trial? (MultiRegion, United States of America)
Does the Fifth Amendment bar a defendant from testifying at trial if they are a witness in a criminal case? (MultiRegion, United States of America)
Is there any case law where two witnesses testified to different transactions but one of the two witnesses was corroborated as to one transaction but not the other? (MultiRegion, United States of America)
