California, United States of America
The following excerpt is from People v. Williams, 265 Cal.App.2d 888, 71 Cal.Rptr. 773 (Cal. App. 1968):
Evidence Code, section 240, so far as pertinent herein, provides that a declarant who is '(e)xempted or precluded on the ground of privilege from testifying concerning the matter to which his statement is relevant' is 'unavailable as a witness.' In other words, a witness whose Testimony is not available, even though he is present at the trial, is 'unavailable as a witness' within the meaning of Evidence Code, section 1291. (Cf. Johnson v. People (1963) 152 Colo. 586, 384 P.2d 454.)
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