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Unavailability of a Witness

Definition

A witness's testimony is unobtainable because the witness (1) is exempted from testifying as a result of privilege, (2) continuously refuses to testify despite a court order to do so, (3) testifies to a lack of memory about the subject matter, (4) is dead or has a long-term physical or mental illness, or (5) is absent and cannot be tracked down by a subpoena or other reasonable means despite a diligent search.

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