People v. Forgason

In People v. Forgason (1979) 99 Cal.App.3d 356, the court stated at page 362: "'"'Whether reasonable or due diligence has been shown is a factual question to be determined according to the circumstances of each case.'"' 'The term is incapable of a mechanical definition.' It is sometimes said that a party's burden is '"to show that it made a good faith effort, with reasonable diligence, to procure the attendance"' of the witness. More often it is simply held that there must have been a 'good- faith effort' to obtain the witness' presence at trial. Such an effort will be established only by evidence of a 'substantial character' , and it must, in any event, be '"something more than a desultory and indifferent search'" . . . .