What is the test for introducing a witness's prior recorded testimony?
California, United States of America
The following excerpt is from People v. Harris, B286433 (Cal. App. 2018):
introduction of the witness's prior recorded testimony if the prosecution has used 'reasonable diligence' (often referred to as due diligence) in its unsuccessful efforts to locate the missing witness. [Citation.]" (People v. Cromer (2001) 24 Cal.4th 889, 892.) In practical effect the good-faith effort and due diligence tests are the same. (People v. Smith (2003) 30 Cal.4th 581, 610.)
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