Witness

Question 1

Leading Questions

Answer 1

Leading questions (questions that suggest the desired answer) are generally allowed only on cross-examination and are not permitted on direct examination. However, the court will ordinarily allow leading questions on direct examination in the following circumstances:
* To elicit preliminary or introductory matter;
* When the witness needs help responding because of loss of memory, immaturity, or physical or mental weakness; or
* When the witness is hostile

Question 2

Refreshing Recollection—Present Recollection
Revived

Answer 2

A witness may use any writing or object for the purpose of refreshing their present recollection. They usually may not read from the writing while testifying because the writing is not authenticated and not in
evidence (and thus, there is no hearsay concern)

Question 3

Refreshing Recollection—Past Recollection
Revived

Answer 3

Where a witness states that they have insufficient recollection of an event to enable them to testify fully and accurately, even after they have consulted a memorandum or other record given to them on the
stand, the record itself may be read into evidence if a proper foundation is laid. The foundation must include proof that:
* The witness has insufficient recollection to testify fully and accurately (that is, showing the document to the witness fails to jog their memory);
* The witness had personal knowledge of the facts in the record when the record was made;
* The record was made by the witness or under their direction, or it was adopted by the witness;
* The record was made when the matter was fresh in the witness’s mind; and
* The record accurately reflects the witness’s knowledge. In other words, even though the witness cannot currently remember the facts, this requirement is satisfied where the witness vouches for the accuracy of the record at the time that it was made