California, United States of America
The following excerpt is from People v. Marshall, 121 Cal.App.3d 627, 175 Cal.Rptr. 497 (Cal. App. 1981):
"Under California law, prior testimony may be introduced if, among other things, the declarant is unavailable as a witness. (Evid. Code, 1291.) Unavailability may be established by showing that the declarant is 'Absent from the hearing and the proponent of the statement has exercised reasonable diligence but has been unable to procure his attendance by the court's process.' ( 240, subd. (a)(5).)" (People v. Jackson, supra, 28 Cal.3d 264, 311-312, 168 Cal.Rptr. 603, 618 P.2d 149.)
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